Directs the use of traffic control signal photo-monitoring devices to obtain evidence of obstruction of traffic at intersections in cities authorized to maintain such systems.
STATE OF NEW YORK
________________________________________________________________________
5931
2011-2012 Regular Sessions
IN ASSEMBLY
March 2, 2011
___________
Introduced by M. of A. KAVANAGH, STEVENSON -- Multi-Sponsored by -- M.
of A. MARKEY, PHEFFER, P. RIVERA -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for obstruction of intersections and authorizing the use of
photo monitoring devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1111-a of the vehicle and traffic law, as added by
2 chapter 746 of the laws of 1988, subdivisions (a), (b), (c), (d), (k)
3 and (m) as amended and subdivision (n) as added by chapter 658 of the
4 laws of 2006, paragraph 1 of subdivision (a) as amended by chapter 18 of
5 the laws of 2009, and subdivision (e) as amended by chapter 479 of the
6 laws of 1994, is amended to read as follows:
7 § 1111-a. Owner liability for failure of operator to comply with
8 [traffic-control indications] certain traffic laws. (a) 1. Notwith-
9 standing any other provision of law, each city with a population of one
10 million or more is hereby authorized and empowered to adopt and amend a
11 local law or ordinance establishing a demonstration program imposing
12 monetary liability on the owner of a vehicle for failure of an operator
13 thereof to comply with [traffic-control indications] certain traffic
14 laws in such city in accordance with the provisions of this section.
15 Such demonstration program shall empower a city to install and operate
16 traffic-control signal photo violation-monitoring devices at no more
17 than one hundred fifty intersections within such city at any one time.
18 2. Such demonstration program shall utilize necessary technologies to
19 ensure, to the extent practicable, that photographs produced by such
20 traffic-control signal photo violation-monitoring systems shall not
21 include images that identify the driver, the passengers, or the contents
22 of the vehicle. Provided, however, that no notice of liability issued
23 pursuant to this section shall be dismissed solely because a photograph
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09762-01-1
A. 5931 2
1 or photographs allow for the identification of the contents of a vehi-
2 cle, provided that such city has made a reasonable effort to comply with
3 the provisions of this paragraph.
4 (b) In any city which has adopted a local law or ordinance pursuant to
5 subdivision (a) of this section, the owner of a vehicle shall be liable
6 for a penalty imposed pursuant to this section if such vehicle was used
7 or operated with the permission of the owner, express or implied, in
8 violation of subdivision (d) of section eleven hundred eleven of this
9 article or section eleven hundred seventy-five of this title, and such
10 violation is evidenced by information obtained from a traffic-control
11 signal photo violation-monitoring system; provided however that no owner
12 of a vehicle shall be liable for a penalty imposed pursuant to this
13 section where the operator of such vehicle has been convicted of the
14 underlying violation of subdivision (d) of section eleven hundred eleven
15 of this article or section eleven hundred seventy-five of this title.
16 (c) For purposes of this section, "owner" shall have the meaning
17 provided in article two-B of this chapter. For purposes of this section,
18 "traffic-control signal photo violation-monitoring system" shall mean a
19 vehicle sensor installed to work in conjunction with a traffic-control
20 signal which automatically produces two or more photographs, two or more
21 microphotographs, a videotape or other recorded images of each vehicle
22 at the time it is used or operated in violation of subdivision (d) of
23 section eleven hundred eleven of this article or section eleven hundred
24 seventy-five of this title.
25 (d) A certificate, sworn to or affirmed by a technician employed by
26 the city in which the charged violation occurred, or a facsimile there-
27 of, based upon inspection of photographs, microphotographs, videotape or
28 other recorded images produced by a traffic-control signal photo viola-
29 tion-monitoring system, shall be prima facie evidence of the facts
30 contained therein. Any photographs, microphotographs, videotape or other
31 recorded images evidencing such a violation shall be available for
32 inspection in any proceeding to adjudicate the liability for such
33 violation pursuant to a local law or ordinance adopted pursuant to this
34 section.
35 (e) An owner liable for a violation of subdivision (d) of section
36 eleven hundred eleven of this article or section eleven hundred seven-
37 ty-five of this title pursuant to a local law or ordinance adopted
38 pursuant to this section shall be liable for monetary penalties in
39 accordance with a schedule of fines and penalties to be set forth in
40 such local law or ordinance, except that in a city which, by local law,
41 has authorized the adjudication of such owner liability by a parking
42 violations bureau, such schedule shall be promulgated by such bureau.
43 The liability of the owner pursuant to this section shall not exceed
44 fifty dollars for each violation; provided, however, that such local law
45 or ordinance may provide for an additional penalty not in excess of
46 twenty-five dollars for each violation for the failure to respond to a
47 notice of liability within the prescribed time period.
48 (f) An imposition of liability under a local law or ordinance adopted
49 pursuant to this section shall not be deemed a conviction as an operator
50 and shall not be made part of the operating record of the person upon
51 whom such liability is imposed nor shall it be used for insurance
52 purposes in the provision of motor vehicle insurance coverage.
53 (g) 1. A notice of liability shall be sent by first class mail to each
54 person alleged to be liable as an owner for a violation of subdivision
55 (d) of section eleven hundred eleven of this article or section eleven
56 hundred seventy-five of this title pursuant to this section. Personal
A. 5931 3
1 delivery on the owner shall not be required. A manual or automatic
2 record of mailing prepared in the ordinary course of business shall be
3 prima facie evidence of the facts contained therein.
4 2. A notice of liability shall contain the name and address of the
5 person alleged to be liable as an owner for a violation of subdivision
6 (d) of section eleven hundred eleven of this article or section eleven
7 hundred seventy-five of this title pursuant to this section, the regis-
8 tration number of the vehicle involved in such violation, the location
9 where such violation took place, the date and time of such violation and
10 the identification number of the camera which recorded the violation or
11 other document locator number.
12 3. The notice of liability shall contain information advising the
13 person charged of the manner and the time in which he may contest the
14 liability alleged in the notice. Such notice of liability shall also
15 contain a warning to advise the persons charged that failure to contest
16 in the manner and time provided shall be deemed an admission of liabil-
17 ity and that a default judgment may be entered thereon.
18 4. The notice of liability shall be prepared and mailed by the city
19 having jurisdiction over the intersection where the violation occurred,
20 or by any other entity authorized by the city to prepare and mail such
21 notification of violation.
22 (h) Adjudication of the liability imposed upon owners by this section
23 shall be by a traffic violations bureau established pursuant to section
24 three hundred seventy of the general municipal law or, if there be none,
25 by the court having jurisdiction over traffic infractions, except that
26 any city which has established an administrative tribunal to hear and
27 determine complaints of traffic infractions constituting parking, stand-
28 ing or stopping violations may, by local law, authorize such adjudi-
29 cation by such tribunal.
30 (i) If an owner receives a notice of liability pursuant to this
31 section for any time period during which the vehicle was reported to the
32 police department as having been stolen, it shall be a valid defense to
33 an allegation of liability for a violation of subdivision (d) of section
34 eleven hundred eleven of this article or section eleven hundred seven-
35 ty-five of this title pursuant to this section that the vehicle had been
36 reported to the police as stolen prior to the time the violation
37 occurred and had not been recovered by such time. For purposes of
38 asserting the defense provided by this subdivision it shall be suffi-
39 cient that a certified copy of the police report on the stolen vehicle
40 be sent by first class mail to the traffic violations bureau, court
41 having jurisdiction or parking violations bureau.
42 (j) 1. In a city where the adjudication of liability imposed upon
43 owners pursuant to this section is by a traffic violations bureau or a
44 court having jurisdiction, an owner who is a lessor of a vehicle to
45 which a notice of liability was issued pursuant to subdivision (g) of
46 this section shall not be liable for the violation of subdivision (d) of
47 section eleven hundred eleven of this article or section eleven hundred
48 seventy-five of this title, provided that he or she sends to the traffic
49 violations bureau or court having jurisdiction a copy of the rental,
50 lease or other such contract document covering such vehicle on the date
51 of the violation, with the name and address of the lessee clearly legi-
52 ble, within thirty-seven days after receiving notice from the bureau or
53 court of the date and time of such violation, together with the other
54 information contained in the original notice of liability. Failure to
55 send such information within such thirty-seven day time period shall
56 render the owner liable for the penalty prescribed by this section.
A. 5931 4
1 Where the lessor complies with the provisions of this paragraph, the
2 lessee of such vehicle on the date of such violation shall be deemed to
3 be the owner of such vehicle for purposes of this section, shall be
4 subject to liability for the violation of subdivision (d) of section
5 eleven hundred eleven of this article or section eleven hundred seven-
6 ty-five of this title pursuant to this section and shall be sent a
7 notice of liability pursuant to subdivision (g) of this section.
8 2. (i) In a city which, by local law, has authorized the adjudication
9 of liability imposed upon owners by this section by a parking violations
10 bureau, an owner who is a lessor of a vehicle to which a notice of
11 liability was issued pursuant to subdivision (g) of this section shall
12 not be liable for the violation of subdivision (d) of section eleven
13 hundred eleven of this article or section eleven hundred seventy-five of
14 this title, provided that:
15 (A) prior to the violation, the lessor has filed with the bureau in
16 accordance with the provisions of section two hundred thirty-nine of
17 this chapter; and
18 (B) within thirty-seven days after receiving notice from the bureau of
19 the date and time of a liability, together with the other information
20 contained in the original notice of liability, the lessor submits to the
21 bureau the correct name and address of the lessee of the vehicle identi-
22 fied in the notice of liability at the time of such violation, together
23 with such other additional information contained in the rental, lease or
24 other contract document, as may be reasonably required by the bureau
25 pursuant to regulations that may be promulgated for such purpose.
26 (ii) Failure to comply with clause (B) of subparagraph (i) of this
27 paragraph shall render the owner liable for the penalty prescribed in
28 this section.
29 (iii) Where the lessor complies with the provisions of this paragraph,
30 the lessee of such vehicle on the date of such violation shall be deemed
31 to be the owner of such vehicle for purposes of this section, shall be
32 subject to liability for such violation pursuant to this section and
33 shall be sent a notice of liability pursuant to subdivision (g) of this
34 section.
35 (k) 1. If the owner liable for a violation of subdivision (d) of
36 section eleven hundred eleven of this article or section eleven hundred
37 seventy-five of this title pursuant to this section was not the operator
38 of the vehicle at the time of the violation, the owner may maintain an
39 action for indemnification against the operator.
40 2. Notwithstanding any other provision of this section, no owner of a
41 vehicle shall be subject to a monetary fine imposed pursuant to this
42 section if the operator of such vehicle was operating such vehicle with-
43 out the consent of the owner at the time such operator failed to obey a
44 traffic-control indication. For purposes of this subdivision there shall
45 be a presumption that the operator of such vehicle was operating such
46 vehicle with the consent of the owner at the time such operator failed
47 to obey a traffic-control indication.
48 (l) Nothing in this section shall be construed to limit the liability
49 of an operator of a vehicle for any violation of subdivision (d) of
50 section eleven hundred eleven of this article or section eleven hundred
51 seventy-five of this title.
52 (m) In any city which adopts a demonstration program pursuant to
53 subdivision (a) of this section, such city shall submit an annual report
54 on the results of the use of a traffic-control signal photo violation-
55 monitoring system to the governor, the temporary president of the senate
56 and the speaker of the assembly on or before June first, two thousand
A. 5931 5
1 seven and on the same date in each succeeding year in which the demon-
2 stration program is operable. Such report shall include, but not be
3 limited to:
4 1. a description of the locations where traffic-control signal photo
5 violation-monitoring systems were used;
6 2. within each borough of such city, the aggregate number, type and
7 severity of accidents reported at intersections where a traffic-control
8 signal photo violation-monitoring system is used for the year preceding
9 the installation of such system, to the extent the information is main-
10 tained by the department of motor vehicles of this state;
11 3. within each borough of such city, the aggregate number, type and
12 severity of accidents reported at intersections where a traffic-control
13 signal photo violation-monitoring system is used, to the extent the
14 information is maintained by the department of motor vehicles of this
15 state;
16 4. the number of violations recorded at each intersection where a
17 traffic-control signal photo violation-monitoring system is used and in
18 the aggregate on a daily, weekly and monthly basis;
19 5. the total number of notices of liability issued for violations
20 recorded by such systems;
21 6. the number of fines and total amount of fines paid after first
22 notice of liability issued for violations recorded by such systems;
23 7. the number of violations adjudicated and results of such adjudi-
24 cations including breakdowns of dispositions made for violations
25 recorded by such systems;
26 8. the total amount of revenue realized by such city from such adjudi-
27 cations;
28 9. expenses incurred by such city in connection with the program; and
29 10. quality of the adjudication process and its results.
30 (n) It shall be a defense to any prosecution for a violation of subdi-
31 vision (d) of section eleven hundred eleven of this article or section
32 eleven hundred seventy-five of this title pursuant to a local law or
33 ordinance adopted pursuant to this section that such traffic-control
34 indications were malfunctioning at the time of the alleged violation.
35 § 2. This act shall take effect immediately provided however that the
36 amendments to section 1111-a of the vehicle and traffic law made by
37 section one of this act shall not affect the repeal of such section
38 pursuant to chapter 746 of the laws of 1988, as amended and shall be
39 deemed repealed therewith.
