STATE OF NEW YORK
________________________________________________________________________
2699
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. BLUMENCRANZ -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a school speed zone camera demonstration program in the village of Old
Westbury
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1180-f to read as follows:
3 § 1180-f. Owner liability for failure of operator to comply with
4 certain posted maximum speed limits; village of Old Westbury. (a) Defi-
5 nitions. For purposes of this section, the following terms shall have
6 the following meanings:
7 1. "Hearing examiner" shall mean the adjudicator of an administrative
8 tribunal established to adjudicate the liability of owners of vehicles
9 captured by a speed camera system violating the speed limit in a school
10 speed zone during a student activity period or a town or village court
11 judge adjudicating such liability.
12 2. "Image" shall mean photographs, microphotographs, videotape, or
13 other recorded image produced by a speed camera system.
14 3. "Manual on uniform traffic control devices" or "MUTCD" shall mean
15 the manual and specifications for a uniform system of traffic control
16 devices maintained by the commissioner of transportation pursuant to
17 section sixteen hundred eighty of this chapter.
18 4. "Owner" shall have the meaning provided in article two-B of this
19 chapter.
20 5. "Speed camera system" shall mean a vehicle sensor installed to work
21 in conjunction with a speed measuring device which automatically produc-
22 es two or more photographs, two or more microphotographs, a videotape or
23 other recorded images of each vehicle at the time it is used or operated
24 in a school speed zone in violation of subdivision (b), (c), (d), (f) or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06917-01-3
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1 (g) of section eleven hundred eighty of this article in accordance with
2 the provisions of this section.
3 6. "School speed zone" shall mean a distance not to exceed one thou-
4 sand three hundred twenty feet on a highway passing a school building,
5 entrance or exit of a school abutting on the highway.
6 7. "Student activity period" shall mean (i) on school days during
7 school hours and one hour before and one hour after the school day; and
8 (ii) during periods of student activities at the school and up to thirty
9 minutes immediately before and up to thirty minutes immediately after
10 such student activities.
11 8. "The village" shall mean the village of Old Westbury.
12 (b) Speed camera demonstration program. 1. Notwithstanding any other
13 provision of law, the village is hereby authorized to establish a demon-
14 stration program imposing monetary liability on the owner of a vehicle
15 for failure of an operator thereof to comply with posted speed limits in
16 a school zone within the village during student activity periods. Such
17 demonstration program shall empower the village to install and operate
18 speed camera systems within no more than nine school speed zones at any
19 one time. In selecting a school speed zone in which to install and oper-
20 ate a speed camera system, the village shall consider criteria includ-
21 ing, but not limited to the speed data, crash history, and the roadway
22 geometry applicable to such school speed zone.
23 (c) Program requirements. 1. No speed camera system shall be used in a
24 school speed zone unless: (i) on the day it is to be used it has
25 successfully passed a self-test of its functions; and (ii) it has under-
26 gone an annual calibration check performed pursuant to paragraph four of
27 this subdivision.
28 2. Prior to operating the speed camera system, the village shall
29 install warning signs of the camera use in such school speed zone. Such
30 signs shall comply with manual on uniform traffic control devices.
31 3. Operators of speed camera systems shall have completed training in
32 the procedures for setting up, testing, and operating such systems. Each
33 such operator shall complete and sign a daily set-up log for each such
34 system that: (i) states the date and time when, and the location where,
35 the system was set up that day; and (ii) states that such operator
36 successfully performed, and the system passed, the self-tests of such
37 system. The village shall retain each such daily log until the later of
38 the date on which such system has been permanently removed or the final
39 resolution of all cases involving such system.
40 4. Each speed camera system shall undergo an annual calibration check
41 performed by an independent calibration laboratory which shall issue a
42 signed certificate of calibration. The village shall keep each such
43 annual certificate of calibration on file until the final resolution of
44 all cases involving such system.
45 5. (i) Images from a speed camera system shall be for the exclusive
46 purpose of the adjudication of liability imposed pursuant to this
47 section and shall be destroyed by the village upon the final resolution
48 of liability to which such images relate, or one year following the date
49 of issuance of a notice of liability, whichever is later.
50 (ii) Notwithstanding the provisions of any other law, rule or regu-
51 lation to the contrary, images from a speed camera system shall not be
52 available to the public, subject to civil or criminal process or discov-
53 ery, used in any judicial or administrative action or proceeding other
54 than in accordance with this section, subject to freedom of information
55 laws, provided that the village shall disclose such images:
56 (A) to the defendant in any speed zone violation proceeding;
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1 (B) in response to a search warrant issued pursuant to the criminal
2 procedure law or federal law that states that there is reasonable cause
3 to believe such images constitute evidence of a misdemeanor or felony
4 offense; and
5 (C) in response to a subpoena duces tecum signed by a judge pursuant
6 to the criminal procedure law or federal law where there is reasonable
7 cause to believe such information is relevant and material to the prose-
8 cution, or the defense, or the investigation by an authorized law
9 enforcement official, of the alleged commission of a misdemeanor.
10 (d) Fines for violations. (i) An owner or operator who violates the
11 speed limit in a school speed zone during a student activity period and
12 such violation is captured by a speed camera system shall be liable for
13 a fine pursuant to a schedule promulgated by the village, not to exceed
14 fifty dollars for each violation and an additional penalty not to exceed
15 twenty-five dollars for each failure to respond timely to a notice of
16 liability.
17 (ii) No owner shall be liable for such fine where:
18 (A) the operator of such vehicle has been convicted of the underlying
19 violation;
20 (B) the vehicle or the license plate of such vehicle was stolen at the
21 time of the violation;
22 (C) the owner of such vehicle establishes by a preponderance of the
23 evidence that such owner was not driving the vehicle at the time of the
24 violation;
25 (D) the owner of such vehicle leases such vehicle to a third party,
26 provided that such owner notifies the village, within thirty-seven days
27 after receiving notice of liability, of the name and address of the
28 lessee of such vehicle. Thereafter, the lessee of such vehicle shall be
29 deemed to be the owner of such vehicle for the purposes of this section;
30 or
31 (E) the owner establishes that such camera system was malfunctioning
32 at the time of the alleged violation. The village shall upon request
33 make such camera available to the owner for a calibration analysis
34 performed by an independent entity. The reasonable cost of complying
35 with such a request, not to exceed the actual cost thereof, shall be
36 paid by the owner.
37 (iii) A fine imposed based on the speed camera system shall not be
38 deemed a speeding conviction, made part of the operating record of such
39 person, or considered in determining motor vehicle insurance premiums.
40 (iv) Notwithstanding section eighteen hundred nine of this chapter,
41 there shall be no surcharge levied for an adjudication of liability
42 under this section.
43 (e) Procedure for enforcement; tribunal. 1. The village, or an entity
44 authorized by the village, shall prepare and send by first class mail a
45 notice of liability to each owner of a vehicle captured by a speed
46 camera system violating the speed limit in a school speed zone during a
47 student activity period, within fourteen business days if such owner is
48 a resident of this state and within forty-five business days if such
49 owner is a non-resident. Personal delivery on the owner shall not be
50 required. A manual or automatic record of mailing prepared in the ordi-
51 nary course of business shall be prima facie evidence of such mailing.
52 The notice of liability shall:
53 (i) contain the name and address of the owner, the registration number
54 of the vehicle, the location of the violation, the date and time of such
55 violation, the identification number of the camera or other document
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1 locator number, at least two date and time stamped images of the vehicle
2 that include the same stationary object;
3 (ii) include a certificate sworn to or affirmed by a technician
4 employed by the village, based upon inspection of images produced by the
5 speed camera system, documenting the alleged violation. Such certificate
6 shall be prima facie evidence of the facts contained therein;
7 (iii) advise the owner of the manner and the time in which he or she
8 may contest liability; and
9 (iv) contain a prominent warning that failure to contest liability
10 shall be deemed an admission of liability and that a default judgment
11 may be entered thereon.
12 2. (i) Notwithstanding any inconsistent provision of law, the village
13 is authorized either:
14 (A) to establish an administrative tribunal to adjudicate the liabil-
15 ity of owners of vehicles captured by a speed camera system violating
16 the speed limit in a school speed zone during a student activity period;
17 or
18 (B) to designate such process to a local village or town court subject
19 to the rules established by this paragraph.
20 (ii) The village shall not issue any notice of fine or penalty prior
21 to the date of the hearing where liability is being contested by a
22 person.
23 (iii) Every hearing shall be held before a hearing examiner in accord-
24 ance with rules and regulations promulgated by the village.
25 (iv) The hearing examiner shall not be bound by the rules of evidence,
26 except rules relating to privileged communications.
27 (v) No liability may be established except upon proof by substantial
28 evidence.
29 (vi) The hearing examiner shall, upon a showing of good cause by the
30 defendant, issue a subpoena compelling the attendance of the speed
31 camera systems operator who signed the daily set-up log for such system,
32 and a subpoena duces tecum for any document or record relevant to the
33 charges.
34 (vii) The hearing examiner shall not consider any record of any prior
35 violations.
36 (viii) A record shall be made of each hearing; recording devices may
37 be used for the making of the record.
38 (ix) The hearing examiner shall make a determination on the charges.
39 Final determinations shall be entered on a roll maintained by the
40 village together with records showing payment and nonpayment of penal-
41 ties.
42 (x) A judgment entered pursuant to the provisions of this section
43 shall remain in full force and effect for eight years.
44 3. Where an owner fails to contest liability or fails to appear on a
45 designated hearing date or subsequent adjourned date, such failure to
46 contest or appear shall be deemed, for all purposes, an admission of
47 liability and shall be grounds for rendering and entering a default
48 judgment in an amount provided by the rules and regulations of the
49 village.
50 (f) Study and report. If the village adopts a demonstration program
51 pursuant to subdivision (a) of this section, it shall conduct a study
52 and submit a report to the governor, the temporary president of the
53 senate, the minority leader of the senate, the speaker of the assembly,
54 and the minority leader of the assembly on January first of each year.
55 Such report shall include:
56 1. the locations where and dates when speed camera systems were used;
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1 2. a comparison of the aggregate number, type and severity of crashes,
2 fatalities, injuries and property damage reported within all school
3 speed zones and within the village and within school speed zones where
4 speed camera systems were used within the village, to the extent the
5 information is maintained by the department of motor vehicles of this
6 state;
7 3. a comparison of the number of violations recorded within all school
8 speed zones within the village and school speed zone where a speed
9 camera system was used within the village, in the aggregate on a daily,
10 weekly and monthly basis where the vehicle exceeded the posted speed
11 limit by:
12 (i) less than ten miles per hour;
13 (ii) more than ten but not more than twenty miles per hour;
14 (iii) more than twenty but not more than thirty miles per hour; and
15 (iv) more than thirty miles per hour;
16 4. the total number of notices of liability issued for violations
17 recorded by such systems;
18 5. the number of fines and total amount of fines paid for violations
19 recorded by such systems; and
20 6. the total amount of revenue realized by the village in connection
21 with the program.
22 § 2. This act shall take effect immediately; provided, however, that
23 the authorization for the demonstration program shall be suspended imme-
24 diately in the event that the report required under subdivision (f) of
25 section 1180-f of the vehicle and traffic law is not submitted on or
26 before January 1 of each year, pending the submission of such report;
27 and provided, further, that the village of Old Westbury shall notify the
28 legislative bill drafting commission upon the occurrence of the
29 submission of such report, in order that the commission may maintain an
30 accurate and timely effective data base of the official text of the laws
31 of the state of New York in furtherance of effectuating the provisions
32 of section 44 of the legislative law and section 70-b of the public
33 officers law.
