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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6918

                                   I N  S E N A T E

                                    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    S  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    S  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    S 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    S 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    S 2. The vehicle and traffic law is amended by adding  a  new  section
   19  1180-c to read as follows:
   20    S  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    S  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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S 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    S  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    S  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    S 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    S  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    S  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    S  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    S 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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