A05911 Summary:

BILL NOA05911
 
SAME ASNo same as
 
SPONSORTowns (MS)
 
COSPNSR
 
MLTSPNSRBenjamin, Jordan, McDonough
 
Amd S510, add S1174-a, V & T L
 
Relates to reporting of drivers who pass stopped school buses; provides for a procedure and form for school bus drivers and individuals to report to local law enforcement any driver of a motor vehicle that has passed a stopped school bus; such report may be filed by the driver of a school bus or any individual who observes such violation; makes provisions for false reporting and provides for sanctions, including suspension of driver's license, for failure to respond to a summons issued pursuant to a report.
Go to top    

A05911 Actions:

BILL NOA05911
 
02/23/2009referred to transportation
01/06/2010referred to transportation
Go to top

A05911 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05911 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5911
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2009
                                       ___________
 
        Introduced by M. of A. TOWNS, WALKER, GREENE -- Multi-Sponsored by -- M.
          of A. BENJAMIN -- read once and referred to the Committee on Transpor-
          tation
 
        AN ACT to amend the vehicle and traffic law, in relation to reporting of
          drivers who pass a stopped school bus and the sanctions therefor
 

          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 1174-a to read as follows:
     3    § 1174-a. Passing of stopped school bus; reporting by school bus oper-
     4  ators  and individuals. (a) The operator of a school bus or any individ-
     5  ual who observes a violation of section eleven hundred  seventy-four  of
     6  this  article  may  submit  a  signed  report, on a form prepared by the
     7  commissioner, which indicates that a violation occurred.    Such  report
     8  shall include but not be limited to the following information:
     9    1. The date and approximate time of the violation;

    10    2.  A  description  of  the  alleged  violator, or the identity of the
    11  violator, if known to the school bus operator or individual; and
    12    3. The license number and the type, model, or other identifying  char-
    13  acteristics of the vehicle.
    14    Such  report  shall  be  delivered  to a local law enforcement officer
    15  within forty-eight hours, and such officer shall forward a copy  to  the
    16  commissioner.
    17    (b)  A driver of a school bus who knowingly files false information in
    18  the report required by this section shall be subject  to  the  disquali-
    19  fication specified in paragraphs (b) and (c) of subdivisions one and two
    20  of section five hundred nine-c of this chapter, in addition to any other

    21  penalty provided by law. Any individual who knowingly files false infor-
    22  mation  in  the  report  required  by this section shall be subject to a
    23  violation, punishable by a fine of not less than fifty dollars nor  more
    24  than one hundred dollars.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08631-01-9

        A. 5911                             2
 
     1    (c) Upon the report of the information specified in subdivision (a) of
     2  this  section, such law enforcement officer shall issue a summons to the
     3  violator or shall initiate an investigation based on the information  so

     4  provided. A notice of violation shall be sent to the person or entity in
     5  whose  name the vehicle is registered. The owner or lessee of such vehi-
     6  cle shall, upon receipt of a notice of violation issued by the  enforce-
     7  ment bureau of the municipality having jurisdiction, identify the opera-
     8  tor  of the vehicle at the time of the alleged violation, to the best of
     9  the owner's or lessee's ability to do so. Failure to do so shall consti-
    10  tute a violation of section eleven hundred seventy-four of this  article
    11  and  such  lessee  or  owner  shall be subject to the monetary penalties
    12  specified in such section.
    13    (d) 1. A notice of violation shall be sent by first class mail to each
    14  person alleged to be liable as an owner for a violation of this section.

    15  A manual or automatic record of mailing prepared in the ordinary  course
    16  of  business shall be prima facie evidence of the facts contained there-
    17  in.
    18    2. A notice of violation shall contain the name  and  address  of  the
    19  person alleged to be liable as an owner for a violation of this section,
    20  the  registration  number of the vehicle involved in such violation, the
    21  location where such violation took place, the  date  and  time  of  such
    22  violation.
    23    3.  A  notice  of the violation shall contain information advising the
    24  person charged of the manner and the time in which he or she may contest
    25  the violation alleged in the notice, and shall also contain a warning to

    26  advise the persons charged that failure to contest  in  the  manner  and
    27  time  provided  shall  be  deemed  an  admission of liability and that a
    28  default judgement may be entered thereon.
    29    (e) Adjudication of the violation prescribed by this section shall  be
    30  by  a  traffic  violations  bureau established pursuant to section three
    31  hundred seventy of the general municipal law or, if there  be  none,  by
    32  the court having jurisdiction over traffic infractions.
    33    (f)  Any  registered owner or registrant which is an automobile rental
    34  or leasing company and which receives a notification under this  section
    35  shall deliver or mail a copy of the rental or leasing agreement covering
    36  the vehicle on that date, with the name and address of the lessee clear-

    37  ly  legible,  within  fifteen  days  to the appropriate municipal agency
    38  which issued such notice of violation. Failure to send such  information
    39  within  the prescribed time period shall render such registered owner or
    40  registrant responsible for  the  monetary  penalty  prescribed  in  this
    41  section.
    42    (g)  If  a  registrant,  lessee,  or  operator  receives  a  notice of
    43  violation as prescribed by this section for any time period during which
    44  the vehicle was stolen, such person shall not  be  responsible  for  the
    45  violation providing that a copy of the police report on the stolen vehi-
    46  cle  is  forwarded  within fifteen days to the enforcement bureau of the
    47  municipality having jurisdiction. Failure to send such information with-

    48  in such fifteen day time period shall render such person responsible for
    49  the monetary penalty prescribed by section eleven  hundred  seventy-four
    50  of this article.
    51    (h) If the registrant or lessee was not the operator of the vehicle at
    52  the time of the violation, the registrant may maintain a cause of action
    53  to  recover  from the operator any penalty imposed under this section in
    54  addition to any other damages  suffered  by  the  registrant  or  lessee
    55  resulting from the violation.

        A. 5911                             3
 
     1    §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
     2  traffic law is amended by adding a new subparagraph  (xvi)  to  read  as
     3  follows:

     4    (xvi)  Until  the  holder  responds  to  a  summons issued pursuant to
     5  section eleven hundred seventy-four-a of this chapter or  complies  with
     6  the  final decision of a court or administrative tribunal of appropriate
     7  jurisdiction with regard to such summons.
     8    § 3. This act shall take effect on the first of January next  succeed-
     9  ing the date on which it shall have become a law.
Go to top