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A06686 Summary:

BILL NOA06686
 
SAME ASSAME AS S06631
 
SPONSORMagnarelli
 
COSPNSRHunter
 
MLTSPNSR
 
Add 1111-g, V & T L; amd 87, Pub Off L
 
Authorizes adjudication of traffic control signal indications at no more than thirty-six intersections in the city of Syracuse.
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A06686 Actions:

BILL NOA06686
 
05/01/2023referred to transportation
05/24/2023reported referred to codes
05/31/2023reported referred to ways and means
06/01/2023reported referred to rules
06/05/2023reported
06/05/2023rules report cal.530
06/05/2023ordered to third reading rules cal.530
06/06/2023home rule request
06/06/2023passed assembly
06/06/2023delivered to senate
06/06/2023REFERRED TO RULES
06/07/2023SUBSTITUTED FOR S6631
06/07/20233RD READING CAL.1691
06/07/2023HOME RULE REQUEST
06/07/2023PASSED SENATE
06/07/2023RETURNED TO ASSEMBLY
09/19/2023delivered to governor
09/28/2023signed chap.499
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A06686 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6686
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 1, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to owner liability for failure of operator to comply  with
          traffic-control indications in the city of Syracuse; and providing for
          the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1111-g to read as follows:
     3    §  1111-g.  Owner  liability  for  failure  of operator to comply with
     4  traffic-control indications. (a) 1. Notwithstanding any other  provision
     5  of law, the city of Syracuse is hereby authorized and empowered to adopt
     6  and  amend a local law or ordinance establishing a demonstration program
     7  imposing monetary liability on the owner of a vehicle for failure of  an
     8  operator thereof to comply with traffic-control indications in such city
     9  in  accordance  with  the provisions of this section. Such demonstration
    10  program shall empower such city to install and  operate  traffic-control
    11  signal  photo  violation-monitoring  devices  at no more than thirty-six
    12  intersections within such city at any one time.
    13    2. Such demonstration program shall utilize necessary technologies  to
    14  ensure,  to  the  extent  practicable, that photographs produced by such
    15  traffic-control signal  photo  violation-monitoring  systems  shall  not
    16  include images that identify the driver, the passengers, or the contents
    17  of  the  vehicle.  Provided, however, that no notice of liability issued
    18  pursuant to this section shall be dismissed solely because a  photograph
    19  or  photographs  allow for the identification of the contents of a vehi-
    20  cle, provided that such city has made a reasonable effort to comply with
    21  the provisions of this paragraph.
    22    (b) In any such city which has adopted a local law or ordinance pursu-
    23  ant to subdivision (a) of this section, the owner of a vehicle shall  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11105-01-3

        A. 6686                             2
 
     1  liable  for  a  penalty imposed pursuant to this section if such vehicle
     2  was used or operated with  the  permission  of  the  owner,  express  or
     3  implied, in violation of subdivision (d) of section eleven hundred elev-
     4  en  of  this  article,  and  such  violation is evidenced by information
     5  obtained  from  a  traffic-control  signal  photo   violation-monitoring
     6  system;  provided however that no owner of a vehicle shall be liable for
     7  a penalty imposed pursuant to this section where the  operator  of  such
     8  vehicle  has  been  convicted of the underlying violation of subdivision
     9  (d) of section eleven hundred eleven of this article.
    10    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
    11  provided in article two-B of this chapter. For purposes of this section,
    12  "traffic-control  signal photo violation-monitoring system" shall mean a
    13  vehicle sensor installed to work in conjunction with  a  traffic-control
    14  signal which automatically produces two or more photographs, two or more
    15  microphotographs,  a  videotape or other recorded images of each vehicle
    16  at the time it is used or operated in violation of  subdivision  (d)  of
    17  section eleven hundred eleven of this article.
    18    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    19  the city of Syracuse in which  the  charged  violation  occurred,  or  a
    20  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
    21  graphs, videotape or  other  recorded  images  produced  by  a  traffic-
    22  control  signal  photo violation-monitoring system, shall be prima facie
    23  evidence of the facts contained therein.  Any  photographs,  microphoto-
    24  graphs,  videotape  or other recorded images evidencing such a violation
    25  shall be available for inspection in any proceeding  to  adjudicate  the
    26  liability  for  such  violation  pursuant  to  a  local law or ordinance
    27  adopted pursuant to this section.
    28    (e) An owner liable for a violation  of  subdivision  (d)  of  section
    29  eleven  hundred  eleven of this article pursuant to a local law or ordi-
    30  nance adopted pursuant to this section  shall  be  liable  for  monetary
    31  penalties in accordance with a schedule of fines and penalties to be set
    32  forth  in such local law or ordinance, except that if such city by local
    33  law has authorized the adjudication of such owner liability by a parking
    34  violations bureau, such schedule shall be promulgated  by  such  bureau.
    35  The  liability  of  the  owner pursuant to this section shall not exceed
    36  fifty dollars for each violation; provided, however, that such local law
    37  or ordinance may provide for an additional  penalty  not  in  excess  of
    38  twenty-five  dollars  for each violation for the failure to respond to a
    39  notice of liability within the prescribed time period.
    40    (f) An imposition of liability under a local law or ordinance  adopted
    41  pursuant to this section shall not be deemed a conviction as an operator
    42  and  shall  not  be made part of the operating record of the person upon
    43  whom such liability is imposed  nor  shall  it  be  used  for  insurance
    44  purposes in the provision of motor vehicle insurance coverage.
    45    (g) 1. A notice of liability shall be sent by first class mail to each
    46  person  alleged  to be liable as an owner for a violation of subdivision
    47  (d) of section eleven hundred eleven of this article  pursuant  to  this
    48  section.  Personal delivery on the owner shall not be required. A manual
    49  or automatic record of mailing prepared in the ordinary course of  busi-
    50  ness shall be prima facie evidence of the facts contained therein.
    51    2.  A  notice  of  liability shall contain the name and address of the
    52  person alleged to be liable as an owner for a violation  of  subdivision
    53  (d)  of  section  eleven hundred eleven of this article pursuant to this
    54  section, the  registration  number  of  the  vehicle  involved  in  such
    55  violation,  the  location  where such violation took place, the date and

        A. 6686                             3
 
     1  time of such violation and the identification number of the camera which
     2  recorded the violation or other document locator number.
     3    3.  The  notice  of  liability  shall contain information advising the
     4  person charged of the manner and the time in which he or she may contest
     5  the liability alleged in the notice. Such notice of liability shall also
     6  contain a warning to advise the persons charged that failure to  contest
     7  in  the manner and time provided shall be deemed an admission of liabil-
     8  ity and that a default judgment may be entered thereon.
     9    4. The notice of liability shall be prepared and mailed by the city of
    10  Syracuse, or by any other entity authorized by such city to prepare  and
    11  mail such notification of violation.
    12    (h)  Adjudication of the liability imposed upon owners by this section
    13  shall be by a traffic violations bureau established pursuant to  section
    14  three hundred seventy of the general municipal law or, if there be none,
    15  by  the  court having jurisdiction over traffic infractions, except that
    16  if such city has established an  administrative  tribunal  to  hear  and
    17  determine complaints of traffic infractions constituting parking, stand-
    18  ing  or  stopping violations such city may, by local law, authorize such
    19  adjudication by such tribunal.
    20    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    21  section for any time period during which the vehicle was reported to the
    22  police  department as having been stolen, it shall be a valid defense to
    23  an allegation of liability for a violation of subdivision (d) of section
    24  eleven hundred eleven of this article pursuant to this section that  the
    25  vehicle  had been reported to the police as stolen prior to the time the
    26  violation occurred and had not been recovered by such time. For purposes
    27  of asserting the defense provided by this subdivision it shall be suffi-
    28  cient that a certified copy of the police report on the  stolen  vehicle
    29  be  sent  by  first  class  mail to the traffic violations bureau, court
    30  having jurisdiction or parking violations bureau.
    31    (j) 1. In such city where the adjudication of liability  imposed  upon
    32  owners  pursuant  to this section is by a traffic violations bureau or a
    33  court having jurisdiction, an owner who is a  lessor  of  a  vehicle  to
    34  which  a  notice  of liability was issued pursuant to subdivision (g) of
    35  this section shall not be liable for the violation of subdivision (d) of
    36  section eleven hundred eleven of this article, provided that he  or  she
    37  sends  to  the  traffic violations bureau or court having jurisdiction a
    38  copy of the rental, lease or other such contract document covering  such
    39  vehicle  on  the date of the violation, with the name and address of the
    40  lessee clearly legible, within thirty-seven days after receiving  notice
    41  from the bureau or court of the date and time of such violation, togeth-
    42  er  with  the  other  information  contained  in  the original notice of
    43  liability.  Failure to send such information  within  such  thirty-seven
    44  day time period shall render the owner liable for the penalty prescribed
    45  by  this  section. Where the lessor complies with the provisions of this
    46  paragraph, the lessee of such vehicle on  the  date  of  such  violation
    47  shall  be  deemed  to  be the owner of such vehicle for purposes of this
    48  section, shall be subject to liability for the violation of  subdivision
    49  (d)  of  section  eleven hundred eleven of this article pursuant to this
    50  section and shall be sent a notice of liability pursuant to  subdivision
    51  (g) of this section.
    52    2.  a.  In  such  city which, by local law, has authorized the adjudi-
    53  cation of liability imposed upon owners by this  section  by  a  parking
    54  violations  bureau,  an  owner  who  is a lessor of a vehicle to which a
    55  notice of liability was issued  pursuant  to  subdivision  (g)  of  this

        A. 6686                             4
 
     1  section  shall  not  be  liable  for the violation of subdivision (d) of
     2  section eleven hundred eleven of this article, provided that:
     3    (A)  prior  to  the violation, the lessor has filed with the bureau in
     4  accordance with the provisions of section  two  hundred  thirty-nine  of
     5  this chapter; and
     6    (B) within thirty-seven days after receiving notice from the bureau of
     7  the  date  and  time of a liability, together with the other information
     8  contained in the original notice of liability, the lessor submits to the
     9  bureau the correct name and address of the lessee of the vehicle identi-
    10  fied in the notice of liability at the time of such violation,  together
    11  with such other additional information contained in the rental, lease or
    12  other  contract  document,  as  may be reasonably required by the bureau
    13  pursuant to regulations that may be promulgated for such purpose.
    14    b. Failure to comply with clause (B) of subparagraph a of  this  para-
    15  graph  shall  render the owner liable for the penalty prescribed in this
    16  section.
    17    c. Where the lessor complies with the provisions  of  this  paragraph,
    18  the lessee of such vehicle on the date of such violation shall be deemed
    19  to  be  the owner of such vehicle for purposes of this section, shall be
    20  subject to liability for such violation pursuant  to  this  section  and
    21  shall  be sent a notice of liability pursuant to subdivision (g) of this
    22  section.
    23    (k) 1. If the owner liable for  a  violation  of  subdivision  (d)  of
    24  section  eleven  hundred eleven of this article pursuant to this section
    25  was not the operator of the vehicle at the time of  the  violation,  the
    26  owner may maintain an action for indemnification against the operator.
    27    2.  Notwithstanding any other provision of this section, no owner of a
    28  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    29  section if the operator of such vehicle was operating such vehicle with-
    30  out  the consent of the owner at the time such operator failed to obey a
    31  traffic-control indication. For purposes of this subdivision there shall
    32  be a presumption that the operator of such vehicle  was  operating  such
    33  vehicle  with  the consent of the owner at the time such operator failed
    34  to obey a traffic-control indication.
    35    (l) Nothing in this section shall be construed to limit the  liability
    36  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
    37  section eleven hundred eleven of this article.
    38    (m) Any city that adopts a demonstration program pursuant to  subdivi-
    39  sion  (a)  of  this  section shall submit an annual report detailing the
    40  results of the use of such traffic-control signal photo  violation-moni-
    41  toring system to the governor, the temporary president of the senate and
    42  the  speaker  of  the  assembly  on or before the first day of June next
    43  succeeding the effective date of this section and on the  same  date  in
    44  each  succeeding  year  in  which the demonstration program is operable.
    45  Such report shall include, but not be limited to:
    46    1. a description of the locations where traffic-control  signal  photo
    47  violation-monitoring systems were used;
    48    2.  the  aggregate  number, type and severity of accidents reported at
    49  intersections where a traffic-control signal photo  violation-monitoring
    50  system  is  used  for the three years preceding the installation of such
    51  system, to the extent the information is maintained by the department of
    52  motor vehicles of this state;
    53    3. the aggregate number, type and severity of  accidents  reported  at
    54  intersections  where a traffic-control signal photo violation-monitoring
    55  system is used for the reporting year, as well as for each year that the
    56  traffic-control signal photo violation-monitoring system has been opera-

        A. 6686                             5
 
     1  tional, to the extent the information is maintained by the department of
     2  motor vehicles of this state;
     3    4.  the  number  of  events  and number of violations recorded at each
     4  intersection where a traffic-control signal  photo  violation-monitoring
     5  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
     6  basis;
     7    5. the number of notices of liability issued for  violations  recorded
     8  by such system at each intersection where a traffic-control signal photo
     9  violation-monitoring system is used;
    10    6.  the  number  of fines imposed and total amount of fines paid after
    11  first notice  of  liability  issued  for  violations  recorded  by  such
    12  systems;
    13    7.  the number and percentage of violations adjudicated and results of
    14  such  adjudications  including  breakdowns  of  dispositions  made   for
    15  violations recorded by such systems;
    16    8. the total amount of revenue realized by such city from such adjudi-
    17  cations  including a breakdown of revenue realized by such city for each
    18  year since deployment of its traffic-control signal photo violation-mon-
    19  itoring system;
    20    9. expenses incurred by such city in connection with the program; and
    21    10. quality of the adjudication process and its results.
    22    (n) It shall be a defense to any prosecution for a violation of subdi-
    23  vision (d) of section eleven hundred eleven of this article pursuant  to
    24  a  local  law  or  ordinance  adopted pursuant to this section that such
    25  traffic-control indications were  malfunctioning  at  the  time  of  the
    26  alleged violation.
    27    § 2. Subdivision 2 of section 87 of the public officers law is amended
    28  by adding a new paragraph (s) to read as follows:
    29    (s)  are  photographs,  microphotographs,  videotape or other recorded
    30  images prepared under authority of section eleven  hundred  eleven-g  of
    31  the vehicle and traffic law.
    32    §  3.  The  purchase or lease of equipment for a demonstration program
    33  established pursuant to section 1111-g of the vehicle  and  traffic  law
    34  shall be subject to the provisions of section 103 of the general munici-
    35  pal law.
    36    §  4.  This  act shall take effect on the thirtieth day after it shall
    37  have become a law and shall expire 5 years  after  such  effective  date
    38  when upon such date the provisions of this act shall be deemed repealed.
    39  Effective immediately, the addition, amendment and/or repeal of any rule
    40  or regulation necessary for the implementation of this act on its effec-
    41  tive  date  are  authorized  to  be made and completed on or before such
    42  effective date.
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