S06918 Summary:

BILL NO    S06918 

SAME AS    SAME AS A09206

SPONSOR    KLEIN

COSPNSR    GOLDEN

MLTSPNSR   

Amd SS401, 1809, 1809-e & 1180-b, add S1180-c, V & T L; amd S87, Pub Off L; amd
S371, Gen Muni L

Relates to establishing in the counties of Nassau and Suffolk a demonstration
program implementing speed violation monitoring systems in school speed zones
by means of photo devices; relates to photo speed violation monitoring systems
in school speed zones in the city of NY; provides for the repeal of such
provisions upon expiration thereof.
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S06918 Actions:

BILL NO    S06918 

03/31/2014 REFERRED TO RULES
04/30/2014 ORDERED TO THIRD READING CAL.488
04/30/2014 SUBSTITUTED BY A9206
           A09206  AMEND=  Silver (MS)
           03/30/2014 referred to transportation
           03/31/2014 reported referred to codes
           03/31/2014 reported referred to ways and means
           04/28/2014 reported referred to rules
           04/28/2014 reported 
           04/28/2014 rules report cal.38
           04/28/2014 ordered to third reading rules cal.38
           04/28/2014 home rule request
           04/28/2014 home rule request
           04/28/2014 home rule request
           04/28/2014 passed assembly
           04/28/2014 delivered to senate
           04/28/2014 REFERRED TO RULES
           04/30/2014 SUBSTITUTED FOR S6918
           04/30/2014 3RD READING CAL.488
           04/30/2014 HOME RULE REQUEST
           04/30/2014 PASSED SENATE
           04/30/2014 RETURNED TO ASSEMBLY
           06/24/2014 delivered to governor
           06/25/2014 signed chap.43
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S06918 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6918
 
                    IN SENATE
 
                                     March 31, 2014
                                       ___________
 
        Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the vehicle and traffic law, the public officers law and
          the general municipal law, in relation to establishing in the counties
          of Nassau and  Suffolk  a  demonstration  program  implementing  speed
          violation  monitoring  systems in school speed zones by means of photo

          devices, and in relation to photo speed violation  monitoring  systems
          in  school  speed zones in the city of New York; 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.  Subparagraph  (i)  of  paragraph  a of subdivision 5-a of
     2  section 401 of the vehicle and traffic law, as amended by section  9  of
     3  chapter 189 of the laws of 2013, is amended to read as follows:
     4    (i) If at the time of application for a registration or renewal there-
     5  of  there  is  a  certification from a court, parking violations bureau,
     6  traffic and parking violations  agency  or  administrative  tribunal  of
     7  appropriate  jurisdiction  [or  administrative  tribunal  of appropriate

     8  jurisdiction] that the registrant or his or her representative failed to
     9  appear on the return date or any subsequent adjourned date or failed  to
    10  comply  with  the  rules  and  regulations of an administrative tribunal
    11  following entry of a final decision in response to a total of  three  or
    12  more summonses or other process in the aggregate, issued within an eigh-
    13  teen  month  period,  charging  either  that: (i) such motor vehicle was
    14  parked, stopped or standing, or that such motor vehicle was operated for
    15  hire by the registrant or his or her agent without being licensed  as  a
    16  motor  vehicle for hire by the appropriate local authority, in violation
    17  of any of the provisions of this chapter or of any law, ordinance,  rule
    18  or  regulation  made  by  a  local authority; or (ii) the registrant was
    19  liable in accordance with section eleven hundred eleven-a of this  chap-

    20  ter  or  section eleven hundred eleven-b of this chapter for a violation
    21  of subdivision (d) of section eleven hundred eleven of this chapter;  or
    22  (iii)  the  registrant  was  liable  in  accordance  with section eleven
    23  hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14587-01-4

        S. 6918                             2
 
     1  restriction  as  defined  in  such  section,  or (iv) the registrant was
     2  liable in accordance with section eleven hundred eighty-b of this  chap-
     3  ter  for a violation of subdivision (c) or (d) of section eleven hundred

     4  eighty  of  this chapter, or (v) the registrant was liable in accordance
     5  with section eleven hundred eighty-c of this chapter for a violation  of
     6  subdivision (c) or (d) of section eleven hundred eighty of this chapter,
     7  the  commissioner  or  his  or  her agent shall deny the registration or
     8  renewal application until the applicant provides proof from  the  court,
     9  traffic and parking violations agency or administrative tribunal wherein
    10  the charges are pending that an appearance or answer has been made or in
    11  the  case of an administrative tribunal that he or she has complied with
    12  the rules and regulations of said tribunal following entry  of  a  final
    13  decision.  Where  an application is denied pursuant to this section, the
    14  commissioner may, in his or  her  discretion,  deny  a  registration  or

    15  renewal  application  to  any  other person for the same vehicle and may
    16  deny a registration or renewal application for any other  motor  vehicle
    17  registered  in  the  name  of  the  applicant where the commissioner has
    18  determined that such registrant's intent has been to evade the  purposes
    19  of this subdivision and where the commissioner has reasonable grounds to
    20  believe  that  such  registration  or  renewal  will  have the effect of
    21  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    22  remain  in  effect as long as the summonses remain unanswered, or in the
    23  case of an administrative tribunal, the registrant fails to comply  with
    24  the rules and regulations following entry of a final decision.
    25    §  1-a.   Paragraph a of subdivision 5-a of section 401 of the vehicle
    26  and traffic law, as amended by section 9-a of chapter 189 of the laws of

    27  2013, is amended to read as follows:
    28    a. If at the time of application for a registration or renewal thereof
    29  there is a certification from a  court  or  administrative  tribunal  of
    30  appropriate  jurisdiction  that  the  registrant or his or her represen-
    31  tative failed to appear on the return date or any  subsequent  adjourned
    32  date  or  failed to comply with the rules and regulations of an adminis-
    33  trative tribunal following entry of a final decision in  response  to  a
    34  total  of  three  or  more  summonses or other process in the aggregate,
    35  issued within an eighteen month period, charging either that:  (i)  such
    36  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    37  cle was operated for hire by the registrant or his or her agent  without
    38  being  licensed  as  a  motor  vehicle for hire by the appropriate local

    39  authority, in violation of any of the provisions of this chapter  or  of
    40  any  law,  ordinance,  rule  or regulation made by a local authority; or
    41  (ii) the registrant was liable in accordance with section eleven hundred
    42  eleven-b of this chapter for a violation of subdivision (d)  of  section
    43  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    44  liable in accordance with section eleven hundred eleven-c of this  chap-
    45  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    46  section; or (iv) the registrant was liable in  accordance  with  section
    47  eleven  hundred  eighty-b of this chapter for a violation of subdivision
    48  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    49  ter; or (v) the registrant was liable in accordance with section  eleven
    50  hundred  eighty-c  of  this  chapter for a violation of subdivision (b),

    51  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
    52  the  commissioner  or  his  or  her agent shall deny the registration or
    53  renewal application until the applicant provides proof from the court or
    54  administrative tribunal wherein the charges are pending that an  appear-
    55  ance  or answer has been made or in the case of an administrative tribu-
    56  nal that he or she has complied with the rules and regulations  of  said

        S. 6918                             3
 
     1  tribunal  following  entry  of a final decision. Where an application is
     2  denied pursuant to this section, the commissioner may,  in  his  or  her
     3  discretion,  deny  a  registration  or  renewal application to any other
     4  person  for  the  same  vehicle  and  may deny a registration or renewal
     5  application for any other motor vehicle registered in the  name  of  the

     6  applicant  where  the commissioner has determined that such registrant's
     7  intent has been to evade the purposes of this subdivision and where  the
     8  commissioner has reasonable grounds to believe that such registration or
     9  renewal  will have the effect of defeating the purposes of this subdivi-
    10  sion. Such denial shall only remain in effect as long as  the  summonses
    11  remain  unanswered,  or  in  the case of an administrative tribunal, the
    12  registrant fails to comply with  the  rules  and  regulations  following
    13  entry of a final decision.
    14    §  1-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    15  and traffic law, as amended by section 9-b of chapter 189 of the laws of
    16  2013, is amended to read as follows:
    17    a. If at the time of application for a registration or renewal thereof
    18  there is a certification from a  court  or  administrative  tribunal  of

    19  appropriate  jurisdiction  that  the  registrant or his or her represen-
    20  tative failed to appear on the return date or any  subsequent  adjourned
    21  date  or  failed to comply with the rules and regulations of an adminis-
    22  trative tribunal following entry of a  final  decision  in  response  to
    23  three  or  more  summonses  or  other process, issued within an eighteen
    24  month period, charging that such motor vehicle was  parked,  stopped  or
    25  standing, or that such motor vehicle was operated for hire by the regis-
    26  trant  or his or her agent without being licensed as a motor vehicle for
    27  hire by the appropriate local authority, in  violation  of  any  of  the
    28  provisions  of this chapter or of any law, ordinance, rule or regulation
    29  made by a local authority or the registrant  was  liable  in  accordance
    30  with  section eleven hundred eleven-c of this chapter for a violation of

    31  a bus lane restriction as defined in such section, or the registrant was
    32  liable in accordance with section eleven hundred eighty-b of this  chap-
    33  ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
    34  eleven hundred eighty of this chapter, or the registrant was  liable  in
    35  accordance  with  section  eleven hundred eighty-c of this chapter for a
    36  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    37  hundred  eighty  of  this  chapter, the commissioner or his or her agent
    38  shall deny the registration or renewal application until  the  applicant
    39  provides  proof  from  the  court or administrative tribunal wherein the
    40  charges are pending that an appearance or answer has been made or in the
    41  case of an administrative tribunal that he or she has complied with  the

    42  rules  and regulations of said tribunal following entry of a final deci-
    43  sion. Where an application is  denied  pursuant  to  this  section,  the
    44  commissioner  may,  in  his  or  her  discretion, deny a registration or
    45  renewal application to any other person for the  same  vehicle  and  may
    46  deny  a  registration or renewal application for any other motor vehicle
    47  registered in the name of  the  applicant  where  the  commissioner  has
    48  determined  that such registrant's intent has been to evade the purposes
    49  of this subdivision and where the commissioner has reasonable grounds to
    50  believe that such registration  or  renewal  will  have  the  effect  of
    51  defeating  the  purposes  of  this  subdivision.  Such denial shall only
    52  remain in effect as long as the summonses remain unanswered, or  in  the
    53  case  of an administrative tribunal, the registrant fails to comply with

    54  the rules and regulations following entry of a final decision.

        S. 6918                             4
 
     1    § 1-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
     2  and traffic law, as amended by section 9-c of chapter 189 of the laws of
     3  2013, is amended to read as follows:
     4    a. If at the time of application for a registration or renewal thereof
     5  there  is  a  certification  from  a court or administrative tribunal of
     6  appropriate jurisdiction  that  the  registrant  or  his  representative
     7  failed  to appear on the return date or any subsequent adjourned date or
     8  failed to comply with the rules and  regulations  of  an  administrative
     9  tribunal  following  entry  of  a final decision in response to three or
    10  more summonses or other process, issued within an eighteen month period,

    11  charging that such motor vehicle was parked,  stopped  or  standing,  or
    12  that  such  motor vehicle was operated for hire by the registrant or his
    13  agent without being licensed as a motor vehicle for hire by  the  appro-
    14  priate  local  authority,  in violation of any of the provisions of this
    15  chapter or of any law, ordinance, rule or regulation  made  by  a  local
    16  authority, or the registrant was liable in accordance with section elev-
    17  en  hundred  eighty-b of this chapter for violations of subdivision (b),
    18  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
    19  or  the  registrant was liable in accordance with section eleven hundred
    20  eighty-c of this chapter for violations of subdivision  (b),  (c),  (d),
    21  (f) or (g) of section eleven hundred eighty of this chapter, the commis-

    22  sioner  or  his agent shall deny the registration or renewal application
    23  until the applicant provides proof  from  the  court  or  administrative
    24  tribunal  wherein  the  charges are pending that an appearance or answer
    25  has been made or in the case of an administrative tribunal that  he  has
    26  complied with the rules and regulations of said tribunal following entry
    27  of  a  final  decision.  Where an application is denied pursuant to this
    28  section, the commissioner may, in his discretion, deny a registration or
    29  renewal application to any other person for the  same  vehicle  and  may
    30  deny  a  registration or renewal application for any other motor vehicle
    31  registered in the name of  the  applicant  where  the  commissioner  has
    32  determined  that such registrant's intent has been to evade the purposes
    33  of this subdivision and where the commissioner has reasonable grounds to

    34  believe that such registration  or  renewal  will  have  the  effect  of
    35  defeating  the  purposes  of  this  subdivision.  Such denial shall only
    36  remain in effect as long as the summonses remain unanswered, or  in  the
    37  case  of an administrative tribunal, the registrant fails to comply with
    38  the rules and regulations following entry of a final decision.
    39    § 1-d. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    40  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    41  laws of 1987, is amended to read as follows:
    42    a. If at the time of application for a registration or renewal thereof
    43  there is a certification from a  court  or  administrative  tribunal  of
    44  appropriate  jurisdiction  that  the  registrant  or  his representative
    45  failed to appear on the return date or any subsequent adjourned date  or

    46  failed  to  comply  with  the rules and regulations of an administrative
    47  tribunal following entry of a final decision in  response  to  three  or
    48  more summonses or other process, issued within an eighteen month period,
    49  charging  that  such  motor  vehicle was parked, stopped or standing, or
    50  that such motor vehicle was operated for hire by the registrant  or  his
    51  agent  without  being licensed as a motor vehicle for hire by the appro-
    52  priate local authority, in violation of any of the  provisions  of  this
    53  chapter  or  of  any  law, ordinance, rule or regulation made by a local
    54  authority, or the registrant was liable in accordance with section elev-
    55  en hundred eighty-c of this chapter for violations of  subdivision  (b),
    56  (c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,


        S. 6918                             5
 
     1  the commissioner or his agent shall deny  the  registration  or  renewal
     2  application  until the applicant provides proof from the court or admin-
     3  istrative tribunal wherein the charges are pending that an appearance or
     4  answer  has  been made or in the case of an administrative tribunal that
     5  he has complied with the rules and regulations of said tribunal  follow-
     6  ing  entry  of a final decision. Where an application is denied pursuant
     7  to this section, the commissioner may, in his discretion, deny a  regis-
     8  tration  or renewal application to any other person for the same vehicle
     9  and may deny a registration or renewal application for any  other  motor
    10  vehicle  registered  in the name of the applicant where the commissioner
    11  has determined that such registrant's  intent  has  been  to  evade  the

    12  purposes  of  this subdivision and where the commissioner has reasonable
    13  grounds to believe that such  registration  or  renewal  will  have  the
    14  effect  of defeating the purposes of this subdivision. Such denial shall
    15  only remain in effect as long as the summonses remain unanswered, or  in
    16  the  case  of an administrative tribunal, the registrant fails to comply
    17  with the rules and regulations following entry of a final decision.
    18    § 2. The vehicle and traffic law is amended by adding  a  new  section
    19  1180-c to read as follows:
    20    §  1180-c.  Owner  liability  for  failure  of operator to comply with
    21  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
    22  provision  of law, the counties of Nassau and Suffolk are hereby author-
    23  ized to establish a demonstration program imposing monetary liability on

    24  the owner of a vehicle for failure of an operator thereof to comply with
    25  posted maximum speed limits in a school speed zone within  the  counties
    26  (i) when a school speed limit is in effect as provided in paragraphs one
    27  and  two  of  subdivision  (c)  of section eleven hundred eighty of this
    28  article or (ii) when other speed limits are in  effect  as  provided  in
    29  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    30  this article during the following  times:  (A)  on  school  days  during
    31  school  hours and one hour before and one hour after the school day, and
    32  (B) a period during student activities at the school and  up  to  thirty
    33  minutes  immediately  before  and up to thirty minutes immediately after

    34  such student activities. Such demonstration program  shall  empower  the
    35  counties  to  install photo speed violation monitoring systems within no
    36  more than one school speed zone per school district within  each  county
    37  at any one time and to operate such systems within such zones (iii) when
    38  a  school speed limit is in effect as provided in paragraphs one and two
    39  of subdivision (c) of section eleven hundred eighty of this  article  or
    40  (iv)  when  other  speed limits are in effect as provided in subdivision
    41  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    42  during  the  following times: (A) on school days during school hours and
    43  one hour before and one hour after the school  day,  and  (B)  a  period

    44  during  student  activities at the school and up to thirty minutes imme-
    45  diately before and up to thirty minutes immediately after  such  student
    46  activities.  In  selecting  a  school speed zone in which to install and
    47  operate a photo speed violation monitoring system,  the  counties  shall
    48  consider  criteria  including,  but not limited to the speed data, crash
    49  history, and the roadway geometry applicable to such school speed zone.
    50    2. No photo speed violation monitoring  system  shall  be  used  in  a
    51  school speed zone unless (i) on the day it is to be used it has success-
    52  fully  passed a self-test of its functions; and (ii) it has undergone an
    53  annual calibration check performed pursuant to paragraph  four  of  this

    54  subdivision.  The  counties may install signs giving notice that a photo
    55  speed violation monitoring system is in use to  be  mounted  on  advance
    56  warning  signs notifying motor vehicle operators of such upcoming school

        S. 6918                             6
 
     1  speed zone and/or on speed limit signs  applicable  within  such  school
     2  speed zone, in conformance with standards established in the MUTCD.
     3    3.  Operators  of  photo speed violation monitoring systems shall have
     4  completed training in the procedures for setting up, testing, and  oper-
     5  ating  such  systems. Each such operator shall complete and sign a daily
     6  set-up log for each such system that he or she operates that (i)  states

     7  the  date  and  time when, and the location where, the system was set up
     8  that day, and (ii) states that such operator successfully performed, and
     9  the system passed, the self-tests of  such  system  before  producing  a
    10  recorded  image  that day. The counties shall retain each such daily log
    11  until the later of the date on which the photo speed violation  monitor-
    12  ing  system to which it applies has been permanently removed from use or
    13  the final resolution of all cases involving notices of liability  issued
    14  based  on  photographs, microphotographs, video or other recorded images
    15  produced by such system.
    16    4. Each photo speed violation monitoring system shall undergo an annu-
    17  al calibration check performed by an independent calibration  laboratory

    18  which  shall  issue  a  signed  certificate of calibration. The counties
    19  shall keep each such annual certificate of calibration on file until the
    20  final resolution of all cases involving a  notice  of  liability  issued
    21  during  such  year  which  were  based on photographs, microphotographs,
    22  videotape  or  other  recorded  images  produced  by  such  photo  speed
    23  violation monitoring system.
    24    5. (i) Such demonstration program shall utilize necessary technologies
    25  to  ensure,  to  the  extent  practicable, that photographs, microphoto-
    26  graphs, videotape or other recorded images produced by such photo  speed
    27  violation  monitoring systems shall not include images that identify the

    28  driver, the passengers, or the contents of the vehicle. Provided, howev-
    29  er, that no notice of liability issued pursuant to this section shall be
    30  dismissed solely because such a photograph,  microphotograph,  videotape
    31  or other recorded image allows for the identification of the driver, the
    32  passengers, or the contents of vehicles where either county, as applica-
    33  ble, shows that it made reasonable efforts to comply with the provisions
    34  of this paragraph in such case.
    35    (ii)  Photographs,  microphotographs,  videotape or any other recorded
    36  image from a photo speed violation monitoring system shall  be  for  the
    37  exclusive use of each such county for the purpose of the adjudication of

    38  liability  imposed pursuant to this section and of the owner receiving a
    39  notice of liability pursuant to this section, and shall be destroyed  by
    40  each such county upon the final resolution of the notice of liability to
    41  which  such  photographs,  microphotographs, videotape or other recorded
    42  images relate, or one year following the date of issuance of such notice
    43  of liability, whichever is later. Notwithstanding the provisions of  any
    44  other  law, rule or regulation to the contrary, photographs, microphoto-
    45  graphs, videotape or  any  other  recorded  image  from  a  photo  speed
    46  violation monitoring system shall not be open to the public, nor subject
    47  to  civil  or  criminal  process  or discovery, nor used by any court or

    48  administrative or adjudicatory body in any action or proceeding  therein
    49  except  that  which  is  necessary  for  the adjudication of a notice of
    50  liability issued pursuant to this  section,  and  no  public  entity  or
    51  employee,  officer  or  agent  thereof  shall disclose such information,
    52  except that such photographs, microphotographs, videotape or  any  other
    53  recorded images from such systems:
    54    (A) shall be available for inspection and copying and use by the motor
    55  vehicle  owner and operator for so long as such photographs, microphoto-

        S. 6918                             7
 
     1  graphs, videotape or other recorded images are required to be maintained
     2  or are maintained by such public entity, employee, officer or agent; and

     3    (B)  (1)  shall be furnished when described in a search warrant issued
     4  by a court authorized to issue such a search warrant pursuant to article
     5  six hundred ninety of the criminal procedure  law  or  a  federal  court
     6  authorized  to issue such a search warrant under federal law, where such
     7  search warrant states that there is reasonable  cause  to  believe  such
     8  information  constitutes  evidence  of,  or tends to demonstrate that, a
     9  misdemeanor or felony offense was committed in  this  state  or  another
    10  state,  or  that a particular person participated in the commission of a
    11  misdemeanor or felony offense in this state or another state,  provided,
    12  however, that if such offense was against the laws of another state, the

    13  court  shall only issue a warrant if the conduct comprising such offense
    14  would, if occurring in this state, constitute a  misdemeanor  or  felony
    15  against the laws of this state; and
    16    (2) shall be furnished in response to a subpoena duces tecum signed by
    17  a  judge  of  competent  jurisdiction and issued pursuant to article six
    18  hundred ten of the criminal procedure law or a judge or magistrate of  a
    19  federal  court  authorized  to  issue  such a subpoena duces tecum under
    20  federal law, where the judge finds and the subpoena states that there is
    21  reasonable cause to believe such information is relevant and material to
    22  the prosecution, or the defense, or the investigation by  an  authorized

    23  law  enforcement official, of the alleged commission of a misdemeanor or
    24  felony in this state or another state, provided, however, that  if  such
    25  offense  was against the laws of another state, such judge or magistrate
    26  shall only issue such subpoena if the conduct  comprising  such  offense
    27  would, if occurring in this state, constitute a misdemeanor or felony in
    28  this state; and
    29    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    30  of this subparagraph and otherwise admissible, be used in such  criminal
    31  action or proceeding.
    32    (b)  If  the  counties of Nassau and Suffolk establish a demonstration
    33  program pursuant to subdivision (a) of this  section,  the  owner  of  a

    34  vehicle  shall  be liable for a penalty imposed pursuant to this section
    35  if such vehicle was used or operated with the permission of  the  owner,
    36  express  or implied, within a school speed zone in violation of subdivi-
    37  sion (c) of section eleven hundred eighty of this article or during  the
    38  times  authorized  pursuant  to  subdivision  (a)  of  this  section  in
    39  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
    40  eighty  of  this  article, such vehicle was traveling at a speed of more
    41  than ten miles per hour above the posted speed limit  in  effect  within
    42  such  school  speed zone, and such violation is evidenced by information
    43  obtained from a photo speed violation monitoring system; provided howev-

    44  er that no owner of a vehicle shall be  liable  for  a  penalty  imposed
    45  pursuant  to  this  section  where the operator of such vehicle has been
    46  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
    47  or (g) of section eleven hundred eighty of this article.
    48    (c)  For  purposes of this section, the following terms shall have the
    49  following meanings:
    50    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    51  the  manual  and  specifications for a uniform system of traffic control
    52  devices maintained by the commissioner  of  transportation  pursuant  to
    53  section sixteen hundred eighty of this chapter;
    54    2.  "owner"  shall  have the meaning provided in article two-B of this
    55  chapter.

        S. 6918                             8
 
     1    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
     2  sensor  installed  to  work in conjunction with a speed measuring device
     3  which automatically produces two or more photographs, two or more micro-
     4  photographs, a videotape or other recorded images of each vehicle at the
     5  time  it  is  used  or  operated  in a school speed zone in violation of
     6  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
     7  of this article in accordance with the provisions of this section; and
     8    4.  "school  speed zone" shall mean a distance not to exceed one thou-
     9  sand three hundred twenty feet on a highway passing a  school  building,

    10  entrance or exit of a school abutting on the highway.
    11    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    12  the counties of Nassau or Suffolk as applicable, or a facsimile thereof,
    13  based upon inspection of  photographs,  microphotographs,  videotape  or
    14  other  recorded  images  produced  by a photo speed violation monitoring
    15  system, shall be prima facie evidence of the  facts  contained  therein.
    16  Any  photographs,  microphotographs,  videotape or other recorded images
    17  evidencing such a violation shall include at least  two  date  and  time
    18  stamped  images  of  the rear of the motor vehicle that include the same
    19  stationary object near the motor vehicle  and  shall  be  available  for

    20  inspection  reasonably in advance of and at any proceeding to adjudicate
    21  the liability for such violation pursuant to this section.
    22    (e) An owner liable for a violation of subdivision (b), (c), (d),  (f)
    23  or  (g)  of  section eleven hundred eighty of this article pursuant to a
    24  demonstration program established pursuant  to  this  section  shall  be
    25  liable for monetary penalties in accordance with a schedule of fines and
    26  penalties  to be promulgated by the traffic and parking violations agen-
    27  cies of the counties of Nassau and Suffolk. The liability of  the  owner
    28  pursuant  to  this  section  shall  not  exceed  fifty  dollars for each
    29  violation;  provided,  however,  that  each  such  traffic  and  parking

    30  violations agency may provide for an additional penalty not in excess of
    31  twenty-five  dollars  for each violation for the failure to respond to a
    32  notice of liability within the prescribed time period.
    33    (f) An imposition of liability under the demonstration program  estab-
    34  lished  pursuant  to this section shall not be deemed a conviction as an
    35  operator and shall not be made part  of  the  operating  record  of  the
    36  person  upon  whom  such  liability  is imposed nor shall it be used for
    37  insurance purposes in the provision of motor vehicle insurance coverage.
    38    (g) 1. A notice of liability shall be sent by first class mail to each
    39  person alleged to be liable as an owner for a violation  of  subdivision

    40  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    41  cle  pursuant  to  this  section,  within fourteen business days if such
    42  owner is a resident of this state and within forty-five business days if
    43  such owner is a non-resident. Personal delivery on the owner  shall  not
    44  be  required.  A  manual  or automatic record of mailing prepared in the
    45  ordinary course of business shall be prima facie evidence of  the  facts
    46  contained therein.
    47    2.  A  notice  of  liability shall contain the name and address of the
    48  person alleged to be liable as an owner for a violation  of  subdivision
    49  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    50  cle  pursuant  to  this  section, the registration number of the vehicle

    51  involved in such violation,  the  location  where  such  violation  took
    52  place, the date and time of such violation, the identification number of
    53  the  camera  which  recorded  the  violation  or  other document locator
    54  number, at least two date and time stamped images of  the  rear  of  the
    55  motor  vehicle  that  include  the same stationary object near the motor
    56  vehicle, and the certificate charging the liability.

        S. 6918                             9
 
     1    3. The notice of liability  shall  contain  information  advising  the
     2  person charged of the manner and the time in which he or she may contest
     3  the  liability  alleged  in the notice.   Such notice of liability shall

     4  also contain a prominent warning to advise the person charged that fail-
     5  ure to contest in the manner and time provided shall be deemed an admis-
     6  sion of liability and that a default judgment may be entered thereon.
     7    4.  The notice of liability shall be prepared and mailed by the county
     8  of Nassau or Suffolk, as applicable, or by any other  entity  authorized
     9  by such counties to prepare and mail such notice of liability.
    10    (h)  Adjudication of the liability imposed upon owners of this section
    11  shall be by the court having jurisdiction over traffic infractions.
    12    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    13  section for any time period during which the vehicle or the number plate

    14  or  plates  of  such  vehicle  was  reported to the police department as
    15  having been stolen, it shall be a valid  defense  to  an  allegation  of
    16  liability  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    17  section eleven hundred eighty of this article pursuant to  this  section
    18  that  the vehicle or the number plate or plates of such vehicle had been
    19  reported to the police  as  stolen  prior  to  the  time  the  violation
    20  occurred  and  had  not  been  recovered  by  such time. For purposes of
    21  asserting the defense provided by this subdivision, it shall  be  suffi-
    22  cient  that  a certified copy of the police report on the stolen vehicle
    23  or number plate or plates of such vehicle be sent by first class mail to

    24  the court having jurisdiction in such counties.
    25    (j) An owner who is a lessor of a vehicle to which a notice of liabil-
    26  ity was issued pursuant to subdivision (g) of this section shall not  be
    27  liable  for  the  violation  of subdivision (b), (c), (d), (f) or (g) of
    28  section eleven hundred eighty of this article, provided that he  or  she
    29  sends  to  the  court having jurisdiction a copy of the rental, lease or
    30  other such contract document covering such vehicle on the  date  of  the
    31  violation,  with  the  name  and  address of the lessee clearly legible,
    32  within thirty-seven days after receiving notice from the  court  of  the
    33  date  and  time  of  such violation, together with the other information

    34  contained in the original notice of  liability.  Failure  to  send  such
    35  information  within  such  thirty-seven day time period shall render the
    36  owner liable for the penalty  prescribed  by  this  section.  Where  the
    37  lessor  complies  with  the  provisions of this paragraph, the lessee of
    38  such vehicle on the date of such violation shall be  deemed  to  be  the
    39  owner  of such vehicle for purposes of this section, shall be subject to
    40  liability for the violation of subdivision (b), (c), (d), (f) or (g)  of
    41  section  eleven  hundred eighty of this article pursuant to this section
    42  and shall be sent a notice of liability pursuant to subdivision  (g)  of
    43  this section.
    44    (k)  1.  If the owner liable for a violation of subdivision (c) or (d)

    45  of section eleven hundred  eighty  of  this  article  pursuant  to  this
    46  section  was  not  the  operator  of  the  vehicle  at  the  time of the
    47  violation, the owner may maintain an action for indemnification  against
    48  the operator.
    49    2.  Notwithstanding any other provision of this section, no owner of a
    50  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    51  section if the operator of such vehicle was operating such vehicle with-
    52  out  the  consent  of  the owner at the time such operator operated such
    53  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    54  eleven hundred eighty of this article. For purposes of this  subdivision
    55  there shall be a presumption that the operator of such vehicle was oper-

    56  ating such vehicle with the consent of the owner at the time such opera-

        S. 6918                            10
 
     1  tor operated such vehicle in violation of subdivision (b), (c), (d), (f)
     2  or (g) of section eleven hundred eighty of this article.
     3    (l)  Nothing in this section shall be construed to limit the liability
     4  of an operator of a vehicle for any violation of subdivision (c) or  (d)
     5  of section eleven hundred eighty of this article.
     6    (m)  Notwithstanding  any law to the contrary, the net proceeds of any
     7  penalty after expenses of administration, resulting from a  photo  speed
     8  violation  monitoring  system used in the course of this program located
     9  on a village maintained street or highway within the  county  of  Nassau

    10  shall inure to said village.
    11    (n)  If  either county adopts a demonstration program pursuant to this
    12  section it shall conduct a study and submit a report on the  results  of
    13  the use of photo devices to the governor, the temporary president of the
    14  senate and the speaker of the assembly. Such report shall include:
    15    1. the locations where and dates when photo speed violation monitoring
    16  systems were used;
    17    2.  the  aggregate  number,  type and severity of crashes, fatalities,
    18  injuries and property damage reported  within  all  school  speed  zones
    19  within  such  county, to the extent the information is maintained by the
    20  department of motor vehicles of this state;

    21    3. the aggregate number, type and  severity  of  crashes,  fatalities,
    22  injuries  and  property  damage reported within school speed zones where
    23  photo speed violation monitoring systems were used, to  the  extent  the
    24  information  is  maintained  by the department of motor vehicles of this
    25  state;
    26    4. the number of violations recorded within  all  school  speed  zones
    27  within  such  county,  in  the  aggregate on a daily, weekly and monthly
    28  basis;
    29    5. the number of violations recorded within  each  school  speed  zone
    30  where  a  photo speed violation monitoring system is used, in the aggre-
    31  gate on a daily, weekly and monthly basis;
    32    6. the number of violations recorded within  all  school  speed  zones

    33  within such county that were:
    34    (i)  more  than  ten  but not more than twenty miles per hour over the
    35  posted speed limit;
    36    (ii) more than twenty but not more than thirty miles per hour over the
    37  posted speed limit;
    38    (iii) more than thirty but not more than forty miles per hour over the
    39  posted speed limit; and
    40    (iv) more than forty miles per hour over the posted speed limit;
    41    7. the number of violations recorded within  each  school  speed  zone
    42  where a photo speed violation monitoring system is used that were:
    43    (i)  more  than  ten  but not more than twenty miles per hour over the
    44  posted speed limit;
    45    (ii) more than twenty but not more than thirty miles per hour over the

    46  posted speed limit;
    47    (iii) more than thirty but not more than forty miles per hour over the
    48  posted speed limit; and
    49    (iv) more than forty miles per hour over the posted speed limit;
    50    8. the total number of notices  of  liability  issued  for  violations
    51  recorded by such systems;
    52    9.  the number of fines and total amount of fines paid after the first
    53  notice of liability issued for violations recorded by such systems;
    54    10. the number of violations adjudicated and the results of such adju-
    55  dications including  breakdowns  of  dispositions  made  for  violations
    56  recorded by such systems;

        S. 6918                            11
 

     1    11.  the total amount of revenue realized by such county in connection
     2  with the program;
     3    12.  the  expenses  incurred  by  such  county  in connection with the
     4  program; and
     5    13. the quality of the adjudication process and its results.
     6    (o) It shall be a defense to any prosecution for a violation of subdi-
     7  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
     8  this  article  pursuant  to this section that such photo speed violation
     9  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    10  violation.
    11    §  3.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    12  section 1809 of the vehicle and traffic law, as amended by section 11 of

    13  chapter 189 of the laws of 2013, are amended to read as follows:
    14    Whenever proceedings in an administrative tribunal or a court of  this
    15  state  result  in  a  conviction  for an offense under this chapter or a
    16  traffic infraction under this chapter, or a local law,  ordinance,  rule
    17  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    18  infraction involving standing, stopping, or  parking  or  violations  by
    19  pedestrians or bicyclists, or other than an adjudication of liability of
    20  an  owner  for  a violation of subdivision (d) of section eleven hundred
    21  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    22  eleven-a  of this chapter, or other than an adjudication of liability of
    23  an owner for a violation of subdivision (d) of  section  eleven  hundred
    24  eleven  of  this  chapter  in  accordance  with  section  eleven hundred

    25  eleven-b of this chapter, or other than an  adjudication  in  accordance
    26  with  section eleven hundred eleven-c of this chapter for a violation of
    27  a bus lane restriction as defined in such  section,  or  other  than  an
    28  adjudication  of  liability  of  an owner for a violation of subdivision
    29  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    30  ter in accordance with section eleven hundred eighty-b of this  chapter,
    31  or  other  than an adjudication of liability of an owner for a violation
    32  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    33  eighty  of this chapter in accordance with section eleven hundred eight-
    34  y-c of this chapter, there shall be levied a crime victim assistance fee
    35  and a mandatory surcharge, in  addition  to  any  sentence  required  or

    36  permitted by law, in accordance with the following schedule:
    37    (c)  Whenever  proceedings in an administrative tribunal or a court of
    38  this state result in a conviction for  an  offense  under  this  chapter
    39  other than a crime pursuant to section eleven hundred ninety-two of this
    40  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    41  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    42  than  a  traffic  infraction involving standing, stopping, or parking or
    43  violations by pedestrians or bicyclists, or other than  an  adjudication
    44  of  liability  of an owner for a violation of subdivision (d) of section
    45  eleven hundred eleven of this chapter in accordance with section  eleven
    46  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
    47  liability of an owner for a violation  of  subdivision  (d)  of  section

    48  eleven  hundred eleven of this chapter in accordance with section eleven
    49  hundred eleven-b of this chapter, or other than an  infraction  pursuant
    50  to article nine of this chapter or other than an adjudication of liabil-
    51  ity  of an owner for a violation of toll collection regulations pursuant
    52  to section two thousand nine hundred eighty-five of the public  authori-
    53  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    54  hundred seventy-four of the laws of nineteen hundred fifty or other than
    55  an  adjudication  in  accordance with section eleven hundred eleven-c of
    56  this chapter for a violation of a bus lane  restriction  as  defined  in

        S. 6918                            12
 
     1  such section, or other than an adjudication of liability of an owner for
     2  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven

     3  hundred eighty of this chapter in accordance with section eleven hundred
     4  eighty-b  of this chapter, or other than an adjudication of liability of
     5  an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
     6  section eleven hundred eighty of this chapter in accordance with section
     7  eleven  hundred  eighty-c of this chapter, there shall be levied a crime
     8  victim assistance fee in the amount of  five  dollars  and  a  mandatory
     9  surcharge,  in addition to any sentence required or permitted by law, in
    10  the amount of fifty-five dollars.
    11    § 3-a. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    12  as  amended  by  section  11-a  of  chapter  189 of the laws of 2013, is
    13  amended to read as follows:
    14    1. Whenever proceedings in an administrative tribunal or  a  court  of

    15  this  state  result  in a conviction for a crime under this chapter or a
    16  traffic infraction under this chapter, or a local law,  ordinance,  rule
    17  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    18  infraction involving standing, stopping, parking or motor vehicle equip-
    19  ment or violations by pedestrians or bicyclists, or other than an  adju-
    20  dication  of liability of an owner for a violation of subdivision (d) of
    21  section eleven hundred eleven of this chapter in accordance with section
    22  eleven hundred eleven-a of this chapter, or other than  an  adjudication
    23  of  liability  of an owner for a violation of subdivision (d) of section
    24  eleven hundred eleven of this chapter in accordance with section  eleven
    25  hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
    26  accordance with section eleven hundred eleven-c of this  chapter  for  a

    27  violation of a bus lane restriction as defined in such section, or other
    28  than  an adjudication of liability of an owner for a violation of subdi-
    29  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    30  this  chapter in accordance with section eleven hundred eighty-b of this
    31  chapter, or other than an adjudication of liability of an  owner  for  a
    32  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    33  hundred eighty of this chapter in accordance with section eleven hundred
    34  eighty-c of this chapter, there shall be levied a  mandatory  surcharge,
    35  in  addition to any sentence required or permitted by law, in the amount
    36  of twenty-five dollars.
    37    § 3-b. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    38  as  amended  by  section  11-b  of  chapter  189 of the laws of 2013, is

    39  amended to read as follows:
    40    1. Whenever proceedings in an administrative tribunal or  a  court  of
    41  this  state  result  in a conviction for a crime under this chapter or a
    42  traffic infraction under this chapter other than  a  traffic  infraction
    43  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    44  violations by pedestrians or bicyclists, or other than  an  adjudication
    45  in accordance with section eleven hundred eleven-c of this chapter for a
    46  violation of a bus lane restriction as defined in such section, or other
    47  than  an adjudication of liability of an owner for a violation of subdi-
    48  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    49  this  chapter in accordance with section eleven hundred eighty-b of this
    50  chapter, or other than an adjudication of liability of an  owner  for  a

    51  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    52  hundred eighty of this chapter in accordance with section eleven hundred
    53  eighty-c of this chapter, there shall be levied a  mandatory  surcharge,
    54  in  addition to any sentence required or permitted by law, in the amount
    55  of seventeen dollars.

        S. 6918                            13
 
     1    § 3-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
     2  as  amended  by  section  11-c  of  chapter  189 of the laws of 2013, is
     3  amended to read as follows:
     4    1.  Whenever  proceedings  in an administrative tribunal or a court of
     5  this state result in a conviction for a crime under this  chapter  or  a
     6  traffic  infraction  under  this chapter other than a traffic infraction

     7  involving standing, stopping, parking  or  motor  vehicle  equipment  or
     8  violations  by  pedestrians or bicyclists, or other than an adjudication
     9  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    10  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    11  ance with section eleven hundred eighty-b of this chapter, or other than
    12  an adjudication of liability of an owner for a violation of  subdivision
    13  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    14  ter  in accordance with section eleven hundred eighty-c of this chapter,
    15  there shall be levied a mandatory surcharge, in addition to any sentence
    16  required or permitted by law, in the amount of seventeen dollars.
    17    § 3-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,

    18  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    19  of the laws of 1989, is amended to read as follows:
    20    1. Whenever proceedings in an administrative tribunal or  a  court  of
    21  this  state  result  in a conviction for a crime under this chapter or a
    22  traffic infraction under this chapter other than  a  traffic  infraction
    23  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    24  violations by pedestrians or bicyclists, or other than  an  adjudication
    25  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    26  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    27  ance  with  section eleven hundred eighty-c of this chapter, there shall
    28  be levied a mandatory surcharge, in addition to any sentence required or
    29  permitted by law, in the amount of seventeen dollars.

    30    § 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
    31  traffic law, as amended by section 12-a of chapter 189 of  the  laws  of
    32  2013, is amended to read as follows:
    33    a. Notwithstanding any other provision of law, whenever proceedings in
    34  a  court  or  an  administrative  tribunal  of  this  state  result in a
    35  conviction for an offense under this chapter, except a conviction pursu-
    36  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    37  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    38  regulation adopted pursuant to this chapter, except a traffic infraction
    39  involving standing, stopping, or parking or violations by pedestrians or
    40  bicyclists,  and  except  an adjudication of liability of an owner for a
    41  violation of subdivision (d) of section eleven hundred  eleven  of  this

    42  chapter in accordance with section eleven hundred eleven-a of this chap-
    43  ter, and except an adjudication of liability of an owner for a violation
    44  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    45  accordance with section eleven hundred eleven-b  of  this  chapter,  and
    46  except  an  adjudication  in  accordance  with  section  eleven  hundred
    47  eleven-c of this chapter of a violation of a  bus  lane  restriction  as
    48  defined  in such section, and [expect] except an adjudication of liabil-
    49  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
    50  of section eleven hundred eighty of  this  chapter  in  accordance  with
    51  section  eleven  hundred eighty-b of this chapter, and except an adjudi-
    52  cation of liability of an owner for a violation of subdivision (b), (c),

    53  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
    54  accordance  with  section  eleven  hundred eighty-c of this chapter, and
    55  except an adjudication of liability of an owner for a violation of  toll
    56  collection  regulations  pursuant  to  section two thousand nine hundred

        S. 6918                            14
 
     1  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
     2  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
     3  laws of nineteen hundred fifty, there shall be levied in addition to any
     4  sentence,  penalty  or  other surcharge required or permitted by law, an
     5  additional surcharge of twenty-eight dollars.
     6    § 4-a. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
     7  and  traffic  law, as amended by section 12-b of chapter 189 of the laws

     8  of 2013, is amended to read as follows:
     9    a. Notwithstanding any other provision of law, whenever proceedings in
    10  a court or  an  administrative  tribunal  of  this  state  result  in  a
    11  conviction for an offense under this chapter, except a conviction pursu-
    12  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    13  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    14  regulation adopted pursuant to this chapter, except a traffic infraction
    15  involving standing, stopping, or parking or violations by pedestrians or
    16  bicyclists, and except an adjudication of liability of an  owner  for  a
    17  violation  of  subdivision  (d) of section eleven hundred eleven of this
    18  chapter in accordance with section eleven hundred eleven-a of this chap-
    19  ter, and except  an  adjudication  in  accordance  with  section  eleven

    20  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    21  restriction as defined in such section, and except  an  adjudication  of
    22  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
    23  or (g) of section eleven hundred eighty of this  chapter  in  accordance
    24  with  section  eleven  hundred  eighty-b  of this chapter, and except an
    25  adjudication of liability of an owner for  a  violation  of  subdivision
    26  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    27  ter  in accordance with section eleven hundred eighty-c of this chapter,
    28  and except an adjudication of liability of an owner for a  violation  of
    29  toll  collection  regulations  pursuant  to  section  two  thousand nine
    30  hundred eighty-five of the public authorities law or sections sixteen-a,

    31  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    32  laws of nineteen hundred fifty, there shall be levied in addition to any
    33  sentence,  penalty  or  other surcharge required or permitted by law, an
    34  additional surcharge of twenty-eight dollars.
    35    § 4-b. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
    36  and  traffic  law, as amended by section 12-c of chapter 189 of the laws
    37  of 2013, is amended to read as follows:
    38    a. Notwithstanding any other provision of law, whenever proceedings in
    39  a court or  an  administrative  tribunal  of  this  state  result  in  a
    40  conviction for an offense under this chapter, except a conviction pursu-
    41  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    42  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    43  regulation adopted pursuant to this chapter, except a traffic infraction

    44  involving standing, stopping, or parking or violations by pedestrians or
    45  bicyclists, and except an adjudication of liability of an  owner  for  a
    46  violation  of  subdivision  (d) of section eleven hundred eleven of this
    47  chapter in accordance with section eleven hundred eleven-a of this chap-
    48  ter, and except an adjudication of liability of an owner for a violation
    49  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    50  eighty  of this chapter in accordance with section eleven hundred eight-
    51  y-b of this chapter, and except an adjudication of liability of an owner
    52  for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of  section
    53  eleven  hundred eighty of this chapter in accordance with section eleven
    54  hundred eighty-c of this chapter, and except an adjudication of  liabil-

    55  ity  of an owner for a violation of toll collection regulations pursuant
    56  to section two thousand nine hundred eighty-five of the public  authori-

        S. 6918                            15
 
     1  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
     2  hundred  seventy-four of the laws of nineteen hundred fifty, there shall
     3  be levied in addition  to  any  sentence,  penalty  or  other  surcharge
     4  required  or  permitted  by law, an additional surcharge of twenty-eight
     5  dollars.
     6    § 4-c. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
     7  and  traffic  law,  as added by section 5 of part C of chapter 55 of the
     8  laws of 2013, is amended to read as follows:
     9    a. Notwithstanding any other provision of law, whenever proceedings in
    10  a court or  an  administrative  tribunal  of  this  state  result  in  a

    11  conviction for an offense under this chapter, except a conviction pursu-
    12  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    13  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    14  regulation adopted pursuant to this chapter, except a traffic infraction
    15  involving standing, stopping, or parking or violations by pedestrians or
    16  bicyclists, and except an adjudication of liability of an  owner  for  a
    17  violation  of  subdivision  (d) of section eleven hundred eleven of this
    18  chapter in accordance with section eleven hundred eleven-a of this chap-
    19  ter, and except an adjudication of liability of an owner for a violation
    20  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    21  eighty  of this chapter in accordance with section eleven hundred eight-

    22  y-c of this chapter, and except an adjudication of liability of an owner
    23  for a violation of toll collection regulations pursuant to  section  two
    24  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    25  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    26  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    27  levied in addition to any sentence, penalty or other surcharge  required
    28  or permitted by law, an additional surcharge of twenty-eight dollars.
    29    § 5. Subdivision 2 of section 87 of the public officers law is amended
    30  by adding a new paragraph (n) to read as follows:
    31    (n)  are  photographs,  microphotographs,  videotape or other recorded
    32  images prepared under the authority of section eleven  hundred  eighty-c
    33  of the vehicle and traffic law.

    34    §  6.  Subdivision  2  of section 371 of the general municipal law, as
    35  amended by section 21 of part G of chapter 58 of the laws  of  2012,  is
    36  amended to read as follows:
    37    2.  The Nassau county traffic and parking violations agency, as estab-
    38  lished, may be authorized to assist the Nassau county district court  in
    39  the disposition and administration of infractions of traffic and parking
    40  laws,  ordinances, rules and regulations and the liability of owners for
    41  violations of subdivision (d) of section eleven hundred  eleven  of  the
    42  vehicle  and  traffic  law  in  accordance  with  section eleven hundred
    43  eleven-b of such law[,] and the liability of owners  for  violations  of
    44  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    45  of the vehicle and traffic law in accordance with section eleven hundred

    46  eighty-c of such law, except that such agency shall not  have  jurisdic-
    47  tion  over  (a)  the traffic infraction defined under subdivision one of
    48  section eleven hundred ninety-two of the vehicle and  traffic  law;  (b)
    49  the  traffic infraction defined under subdivision five of section eleven
    50  hundred ninety-two of the vehicle and traffic  law;  (c)  the  violation
    51  defined under paragraph (b) of subdivision four of section fourteen-f of
    52  the  transportation  law  and  the violation defined under clause (b) of
    53  subparagraph (iii) of paragraph c of  subdivision  two  of  section  one
    54  hundred  forty  of  the  transportation  law; (d) the traffic infraction
    55  defined under section three hundred ninety-seven-a of  the  vehicle  and
    56  traffic  law and the traffic infraction defined under subdivision (g) of

        S. 6918                            16
 

     1  section eleven hundred eighty of the vehicle and traffic  law;  (e)  any
     2  misdemeanor or felony; or (f) any offense that is part of the same crim-
     3  inal  transaction, as that term is defined in subdivision two of section
     4  40.10  of  the criminal procedure law, as a violation of subdivision one
     5  of section eleven hundred ninety-two of the vehicle and traffic  law,  a
     6  violation  of  subdivision  five of section eleven hundred ninety-two of
     7  the vehicle and traffic law, a violation of paragraph (b) of subdivision
     8  four of section fourteen-f of the transportation  law,  a  violation  of
     9  clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
    10  section one hundred forty of the  transportation  law,  a  violation  of
    11  section  three  hundred ninety-seven-a of the vehicle and traffic law, a
    12  violation of subdivision (g) of section eleven  hundred  eighty  of  the

    13  vehicle and traffic law or any misdemeanor or felony.
    14    §  7.  Subdivision  2  of section 371 of the general municipal law, as
    15  amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
    16  follows:
    17    2.  The Nassau county traffic and parking violations agency, as estab-
    18  lished, may be authorized to assist the Nassau  county  district  court,
    19  and  the Suffolk county traffic and parking violations agency, as estab-
    20  lished, may be authorized to assist the Suffolk county  district  court,
    21  in  the  disposition  and  administration  of infractions of traffic and
    22  parking laws, ordinances, rules and regulations  and  the  liability  of
    23  owners for violations of subdivision (d) of section eleven hundred elev-
    24  en  of  the  vehicle  and  traffic law in accordance with section eleven

    25  hundred eleven-b  of  such  law[,]  and  the  liability  of  owners  for
    26  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    27  hundred eighty of the vehicle and traffic law in accordance with section
    28  eleven hundred eighty-c of such law, except that such agencies shall not
    29  have jurisdiction over (a) the traffic infraction defined under subdivi-
    30  sion one of section eleven hundred ninety-two of the vehicle and traffic
    31  law; (b) the  traffic  infraction  defined  under  subdivision  five  of
    32  section  eleven  hundred  ninety-two of the vehicle and traffic law; (c)
    33  the violation defined under paragraph (b) of subdivision four of section
    34  fourteen-f of the transportation law and  the  violation  defined  under
    35  clause  (b)  of  subparagraph (iii) of paragraph c of subdivision two of

    36  section one hundred forty of the transportation  law;  (d)  the  traffic
    37  infraction  defined  under  section  three hundred ninety-seven-a of the
    38  vehicle and traffic law and the traffic infraction defined under  subdi-
    39  vision  (g)  of section eleven hundred eighty of the vehicle and traffic
    40  law; (e) any misdemeanor or felony; or (f) any offense that is  part  of
    41  the  same  criminal  transaction, as that term is defined in subdivision
    42  two of section 40.10 of the criminal procedure law, as  a  violation  of
    43  subdivision  one of section eleven hundred ninety-two of the vehicle and
    44  traffic law, a violation of subdivision five of section  eleven  hundred
    45  ninety-two  of the vehicle and traffic law, a violation of paragraph (b)
    46  of subdivision four of section fourteen-f of the transportation  law,  a
    47  violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-

    48  sion  two  of  section  one  hundred  forty of the transportation law, a
    49  violation of section three hundred ninety-seven-a  of  the  vehicle  and
    50  traffic  law,  a  violation of subdivision (g) of section eleven hundred
    51  eighty of the vehicle and traffic law or any misdemeanor or felony.
    52    § 8. Subdivision 3 of section 371 of the  general  municipal  law,  as
    53  amended  by  chapter  496  of  the  laws  of 1990, is amended to read as
    54  follows:
    55    3. A person charged with an infraction which shall be disposed  of  by
    56  either  a  traffic  violations  bureau  or the Nassau county traffic and

        S. 6918                            17
 
     1  parking violations agency, may be permitted to answer, within  a  speci-
     2  fied time, at the traffic violations bureau, and in Nassau county at the
     3  traffic  and  parking  violations agency, either in person or by written

     4  power  of attorney in such form as may be prescribed in the ordinance or
     5  local law creating the bureau or agency, by  paying  a  prescribed  fine
     6  and,  in  writing,  waiving  a  hearing in court, pleading guilty to the
     7  charge or admitting liability as an owner for the violation of  subdivi-
     8  sion  (d)  of  section  eleven hundred eleven of the vehicle and traffic
     9  law, or admitting liability as an owner for the violation of subdivision
    10  (b), (c), (d), (f) or (g) of section eleven hundred eighty of the  vehi-
    11  cle  and  traffic law, as the case may be, and authorizing the person in
    12  charge of the bureau or agency to enter such a  plea  or  admission  and
    13  accept payment of said fine. Acceptance of the prescribed fine and power
    14  of  attorney  by the bureau or agency shall be deemed complete satisfac-

    15  tion for the violation or of the liability, and the  violator  or  owner
    16  liable  for  a  violation  of  subdivision (d) of section eleven hundred
    17  eleven of the vehicle and traffic law or owner liable for a violation of
    18  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    19  of the vehicle and traffic law shall be given a receipt which so states.
    20  If  a  person  charged  with  a  traffic  violation  does  not answer as
    21  hereinbefore prescribed, within a designated time, the bureau or  agency
    22  may  cause a complaint to be entered against him forthwith and a warrant
    23  to be issued for his  arrest  and  appearance  before  the  court,  such
    24  summons  to be predicated upon the personal service of said summons upon
    25  the person charged with the infraction. Any person who shall have  been,

    26  within  the  preceding  twelve  months,  guilty  of  a number of parking
    27  violations in excess of such maximum number as may be designated by  the
    28  court,  or  of  three  or more violations other than parking violations,
    29  shall not be permitted to appear and answer to a subsequent violation at
    30  the traffic violations bureau or agency, but must appear in court  at  a
    31  time  specified by the bureau or agency. Such bureau or agency shall not
    32  be authorized to deprive a person of his right to counsel or to  prevent
    33  him  from exercising his right to appear in court to answer to, explain,
    34  or defend any charge of a violation of any traffic law, ordinance,  rule
    35  or regulation.
    36    §  9.  Subdivision  3  of section 371 of the general municipal law, as
    37  amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
    38  follows:

    39    3.  A  person charged with an infraction which shall be disposed of by
    40  either a traffic violations bureau, the Nassau county traffic and  park-
    41  ing  violations  agency,  or  the  Suffolk  county  traffic  and parking
    42  violations agency may be permitted to answer, within a  specified  time,
    43  at  the  traffic  violations bureau, in Nassau county at the traffic and
    44  parking violations agency and in Suffolk county at the traffic and park-
    45  ing violations agency, either in person or by written power of  attorney
    46  in such form as may be prescribed in the ordinance or local law creating
    47  the bureau or agency, by paying a prescribed fine and, in writing, waiv-
    48  ing  a  hearing  in  court,  pleading  guilty to the charge or admitting
    49  liability as an owner for the violation of subdivision  (d)  of  section
    50  eleven  hundred  eleven  of  the  vehicle  and traffic law, or admitting

    51  liability as an owner for the violation of subdivision  (b),  (c),  (d),
    52  (f)  or  (g) of section eleven hundred eighty of the vehicle and traffic
    53  law, as the case may be, and authorizing the person  in  charge  of  the
    54  bureau or agency to enter such a plea or admission and accept payment of
    55  said  fine.  Acceptance  of the prescribed fine and power of attorney by
    56  the bureau or agency shall  be  deemed  complete  satisfaction  for  the

        S. 6918                            18
 
     1  violation  or  of  the liability, and the violator or owner liable for a
     2  violation of subdivision (d) of section eleven  hundred  eleven  of  the
     3  vehicle  and  traffic law or owner liable for a violation of subdivision
     4  (b),  (c), (d), (f) or (g) of section eleven hundred eighty of the vehi-

     5  cle and traffic law shall be given a  receipt  which  so  states.  If  a
     6  person  charged with a traffic violation does not answer as hereinbefore
     7  prescribed, within a designated time, the bureau or agency may  cause  a
     8  complaint to be entered against him forthwith and a warrant to be issued
     9  for his arrest and appearance before the court, such summons to be pred-
    10  icated upon the personal service of said summons upon the person charged
    11  with  the infraction. Any person who shall have been, within the preced-
    12  ing twelve months, guilty of a number of parking violations in excess of
    13  such maximum number as may be designated by the court, or  of  three  or
    14  more violations other than parking violations, shall not be permitted to
    15  appear  and  answer  to a subsequent violation at the traffic violations
    16  bureau or agency, but must appear in court at a time  specified  by  the

    17  bureau  or  agency.  Such  bureau  or  agency shall not be authorized to
    18  deprive a person of his right to counsel or to prevent him from exercis-
    19  ing his right to appear in court to answer to, explain,  or  defend  any
    20  charge of a violation of any traffic law, ordinance, rule or regulation.
    21    §  10.  The purchase or lease of equipment for a demonstration program
    22  pursuant to section 1180-c of the  vehicle  and  traffic  law  shall  be
    23  subject to the provisions of section 103 of the general municipal law.
    24    §  11. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
    25  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    26  to read as follows:
    27    1. Notwithstanding any other provision of law, the city of New York is
    28  hereby authorized to establish a demonstration program imposing monetary

    29  liability on the owner of a vehicle for failure of an  operator  thereof
    30  to comply with posted maximum speed limits in a school speed zone within
    31  the city (i) when a school speed limit is in effect as provided in para-
    32  graphs  one  and two of subdivision (c) of section eleven hundred eighty
    33  of this article or (ii)  when  other  speed  limits  are  in  effect  as
    34  provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
    35  eighty of this article during the following times: (A)  on  school  days
    36  during  school  hours  and one hour before and one hour after the school
    37  day, and (B) a period during student activities at the school and up  to
    38  thirty  minutes  immediately before and up to thirty minutes immediately
    39  after such student activities. Such demonstration program shall  empower
    40  the  city  to install photo speed violation monitoring systems within no

    41  more than [twenty] one hundred forty school speed zones within the  city
    42  at any one time and to operate such systems within such zones (iii) when
    43  a  school speed limit is in effect as provided in paragraphs one and two
    44  of subdivision (c) of section eleven hundred eighty of this  article  or
    45  (iv)  when  other  speed limits are in effect as provided in subdivision
    46  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    47  during  the  following times: (A) on school days during school hours and
    48  one hour before and one hour after the school  day,  and  (B)  a  period
    49  during  student  activities at the school and up to thirty minutes imme-
    50  diately before and up to thirty minutes immediately after  such  student
    51  activities.  In  selecting  a  school speed zone in which to install and
    52  operate a photo  speed  violation  monitoring  system,  the  city  shall

    53  consider  criteria  including,  but not limited to the speed data, crash
    54  history, and the roadway geometry applicable to such school speed zone.
    55    § 12. This act shall take effect on the thirtieth day after  it  shall
    56  have  become  a  law  and shall expire 4 years after such effective date

        S. 6918                            19
 
     1  when upon such date the provisions of this act shall be deemed repealed;
     2  and provided further that any rules necessary for the implementation  of
     3  this  act  on  its effective date shall be promulgated on or before such
     4  effective date, provided that:
     5    (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
     6  5-a of section 401 of the vehicle and traffic law made by section one of
     7  this act shall not affect the expiration of such paragraph and shall  be

     8  deemed  to  expire  therewith,  when  upon  such  date the provisions of
     9  section one-a of this act shall take effect;
    10    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
    11  the vehicle and traffic law made by section one-a of this act shall  not
    12  affect  the  expiration  of such paragraph and shall be deemed to expire
    13  therewith, when upon such date the provisions of section one-b  of  this
    14  act shall take effect;
    15    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
    16  the  vehicle and traffic law made by section one-b of this act shall not
    17  affect the expiration of such paragraph and shall be  deemed  to  expire
    18  therewith,  when  upon such date the provisions of section one-c of this
    19  act shall take effect;
    20    (d) the amendments to paragraph a of subdivision 5-a of section 401 of

    21  the vehicle and traffic law made by section one-c of this act shall  not
    22  affect  the  expiration  of such paragraph and shall be deemed to expire
    23  therewith, when upon such date the provisions of section one-d  of  this
    24  act shall take effect;
    25    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    26  traffic law made by section three of this act shall not affect the expi-
    27  ration of such subdivision and shall be deemed to expire therewith, when
    28  upon  such date the provisions of section three-a of this act shall take
    29  effect;
    30    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    31  traffic law made by section three-a of this act  shall  not  affect  the
    32  expiration  of such subdivision and shall be deemed to expire therewith,
    33  when upon such date the provisions of section three-b of this act  shall
    34  take effect;

    35    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    36  traffic  law  made  by  section three-b of this act shall not affect the
    37  expiration of such subdivision and shall be deemed to expire  therewith,
    38  when  upon such date the provisions of section three-c of this act shall
    39  take effect;
    40    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    41  traffic law made by section three-c of this act  shall  not  affect  the
    42  expiration  of such subdivision and shall be deemed to expire therewith,
    43  when upon such date the provisions of section three-d of this act  shall
    44  take effect;
    45    (i)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    46  of the vehicle and traffic law made by section four of  this  act  shall
    47  not  affect  the  expiration  of  such  paragraph and shall be deemed to

    48  expire therewith, when upon such date the provisions of  section  four-a
    49  of this act shall take effect;
    50    (j)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    51  of the vehicle and traffic law made by section four-a of this act  shall
    52  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    53  expire therewith, when upon such date the provisions of  section  four-b
    54  of this act shall take effect;
    55    (k)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    56  of the vehicle and traffic law made by section four-b of this act  shall

        S. 6918                            20
 
     1  not  affect  the  expiration  of  such  paragraph and shall be deemed to
     2  expire therewith, when upon such date the provisions of  section  four-c
     3  of this act shall take effect;

     4    (l)  the  amendments  to  subdivision  2 of section 371 of the general
     5  municipal law made by section seven of this act shall take  effect  only
     6  in  the  event that the county of Suffolk shall have by local law estab-
     7  lished a traffic and parking violations agency;
     8    (m) the amendments to subdivision 3 of  section  371  of  the  general
     9  municipal law made by section nine of this act shall take effect only in
    10  the event that the county of Suffolk shall have by local law established
    11  a traffic and parking violations agency;
    12    (n) the amendments to section 371 of the general municipal law made by
    13  sections  six,  seven,  eight  and nine of this act shall not affect the
    14  expiration of such section and shall be deemed to expire therewith; and
    15    (o) the amendments to subdivision (a) of section 1180-b of the vehicle
    16  and traffic law made by section eleven of this act shall not affect  the

    17  repeal of such section and shall be deemed repealed therewith.
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