Amd §§135-a & 1803, add §§1170-a & 1633, V & T L; amd §87, Pub Off L
 
Authorizes political subdivisions and certain public authorities to establish demonstration programs implementing railroad grade crossing monitoring systems by means of photo devices.
STATE OF NEW YORK
________________________________________________________________________
6012--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 26, 2019
___________
Introduced by M. of A. ABINANTI, BUCHWALD -- read once and referred to
the Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to authorizing political subdivisions and certain public
authorities to establish demonstration programs implementing railroad
grade crossing monitoring systems by means of photo devices; 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. Section 135-a of the vehicle and traffic law, as added by
2 chapter 501 of the laws of 2016, is amended to read as follows:
3 § 135-a. Railroad grade crossing. A location where [a public highway
4 or private road, including associated sidewalks, crosses one or more]
5 railroad tracks [at grade] intersect a public or private highway, road-
6 way or sidewalk.
7 § 2. The vehicle and traffic law is amended by adding a new section
8 1170-a to read as follows:
9 § 1170-a. Owner liability for failure of operator to obey signal
10 indicating approach of train. (a) 1. Notwithstanding any other
11 provision of law, any political subdivision is hereby authorized and
12 empowered to adopt and amend a local law, ordinance or resolution estab-
13 lishing a demonstration program imposing monetary liability on the owner
14 of a vehicle for failure of an operator thereof to comply with section
15 eleven hundred seventy of this article. Such demonstration program shall
16 empower a political subdivision to install and operate railroad grade
17 crossing photo violation-monitoring devices at any railroad grade cross-
18 ing within its jurisdiction. If installation, operation or maintenance
19 of equipment pursuant to this section requires entry upon the property
20 of the commuter railroad, the political subdivision or its agent shall
21 first secure permission from such railroad to enter upon the property.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10015-05-9
A. 6012--A 2
1 All such work shall be performed in accordance with applicable federal
2 and state requirements and industry safety standards. The cost of such
3 photo violation-monitoring devices may be borne by the political subdi-
4 vision, a commuter railroad operating within the political subdivision,
5 or a combination of both such political subdivision and commuter rail-
6 road pursuant to a memorandum of understanding.
7 2. Such demonstration program shall utilize necessary technologies to
8 ensure, to the extent practicable, that photographs produced by such
9 railroad grade crossing photo violation-monitoring systems shall not
10 include images that identify the driver, the passengers or the contents
11 of the vehicle. Provided, however, that no notice of liability issued
12 pursuant to this section shall be dismissed solely because a photograph
13 or photographs allow for the identification of the contents of a vehi-
14 cle, provided that such political subdivision has made a reasonable
15 effort to comply with the provisions of this paragraph.
16 (b) Within the jurisdiction of any such political subdivision which
17 has adopted a local law, ordinance or resolution pursuant to subdivision
18 (a) of this section, the owner of a vehicle shall be liable for a penal-
19 ty imposed pursuant to this section if such vehicle was used or operated
20 with the permission of the owner, express or implied, in violation of
21 section eleven hundred seventy of this article, and such violation is
22 evidenced by information obtained from a railroad grade crossing photo
23 violation-monitoring system; provided, however, that no owner of a vehi-
24 cle shall be liable for a penalty imposed pursuant to this section where
25 the operator of such vehicle has been convicted of the underlying
26 violation of section eleven hundred seventy of this article.
27 (c) For purposes of this section, the following terms shall have the
28 following meanings:
29 1. "Owner" shall have the meaning provided in article two-B of this
30 chapter.
31 2. "Railroad grade crossing photo violation-monitoring system" shall
32 mean a vehicle sensor installed to work in conjunction with a railroad
33 sign or signal which automatically produces two or more photographs, two
34 or more microphotographs, a videotape or other recorded images of each
35 vehicle at the time it is used or operated in violation of section elev-
36 en hundred seventy of this article.
37 3. "Political subdivision" shall mean a county, city, town or village
38 located within the metropolitan commuter transportation district, as
39 defined in section twelve hundred sixty-two of the public authorities
40 law.
41 4. "Commuter railroad" shall mean a railroad owned and operated by the
42 metropolitan transportation authority and located within the metropol-
43 itan commuter transportation district, as defined in section twelve
44 hundred sixty-two of the public authorities law.
45 5. "Operator" shall have the same meaning as provided in section two
46 hundred thirty-nine of this chapter.
47 (d) A certificate, sworn to or affirmed by a technician employed by
48 the political subdivision in which the charged violation occurred, or a
49 facsimile thereof, based upon inspection of photographs, microphoto-
50 graphs, videotape or other recorded images produced by a railroad grade
51 crossing photo violation-monitoring system, shall be prima facie
52 evidence of the facts contained therein. Any photographs, microphoto-
53 graphs, videotape or other recorded images evidencing such a violation
54 shall be available for inspection in any proceeding to adjudicate the
55 liability for such violation pursuant to a local law, ordinance or
56 resolution adopted pursuant to this section.
A. 6012--A 3
1 (e) An owner liable for a violation of section eleven hundred seventy
2 of this article pursuant to a local law, ordinance or resolution adopted
3 pursuant to this section shall be liable for monetary penalties in
4 accordance with a schedule of fines and penalties to be established in
5 such local law, ordinance or resolution. The liability of the owner
6 pursuant to this section shall not exceed one hundred dollars for each
7 violation; provided, however, that an adjudicating authority may provide
8 for an additional penalty of not in excess of twenty-five dollars for
9 each violation for the failure to respond to a notice of liability with-
10 in the prescribed period of time.
11 (f) An imposition of liability under a local law, ordinance or resol-
12 ution adopted pursuant to this section shall not be deemed a conviction
13 as an operator and shall not be made part of the operating record of the
14 person upon whom such liability is imposed nor shall it be used for
15 insurance purposes in the provision of motor vehicle insurance coverage.
16 (g) 1. A notice of liability shall be sent by first class mail to each
17 person alleged to be liable as an owner for a violation of section elev-
18 en hundred seventy of this article pursuant to this section. Personal
19 delivery on the owner shall not be required. A manual or automatic
20 record of mailing prepared in the ordinary course of business shall be
21 prima facie evidence of the facts contained therein.
22 2. A notice of liability shall contain the name and address of the
23 person alleged to be liable as an owner for a violation of section elev-
24 en hundred seventy of this article pursuant to this section, the regis-
25 tration number of the vehicle involved in such violation, the location
26 where such violation took place, the date and time of such violation and
27 the identification number of the camera which recorded the violation or
28 other document locator number.
29 3. The notice of liability shall contain information advising the
30 person charged of the manner and the time in which he or she may contest
31 the liability alleged in the notice. Such notice of liability shall also
32 contain a warning to advise the person charged that failure to contest
33 in the manner and time provided shall be deemed an admission of liabil-
34 ity and that a default judgment may be entered thereon.
35 4. The notice of liability shall be prepared and mailed by the poli-
36 tical subdivision, or by any other entity authorized by such political
37 subdivision to prepare and mail such notification of violation.
38 (h) Adjudication of the liability imposed upon owners by this section
39 shall be by the court having jurisdiction over traffic infractions,
40 except that if such political subdivision has established an administra-
41 tive tribunal to hear and determine complaints of traffic infractions
42 constituting parking, standing or stopping violations such political
43 subdivision may, by local law, authorize such adjudication by such
44 tribunal.
45 (i) If an owner receives a notice of liability pursuant to this
46 section for any time period during which the vehicle was reported to a
47 law enforcement agency as having been stolen, it shall be a valid
48 defense to an allegation of liability for a violation of section eleven
49 hundred seventy of this article pursuant to this section that the vehi-
50 cle had been reported to the police as stolen after the owner found out
51 it was stolen and had not been recovered by the time the violation
52 occurred. For purposes of asserting the defense provided by this subdi-
53 vision it shall be sufficient that a certified copy of a police report
54 on the stolen vehicle be sent by first class mail to the court or admin-
55 istrative tribunal having jurisdiction.
A. 6012--A 4
1 (j) 1. In such political subdivision where the adjudication of liabil-
2 ity imposed upon owners pursuant to this section is by a court having
3 jurisdiction, an owner who is a lessor of a vehicle to which a notice of
4 liability was issued pursuant to subdivision (g) of this section shall
5 not be liable for the violation of section eleven hundred seventy of
6 this article, provided that he or she sends to the court having juris-
7 diction a copy of the rental, lease or other such contract document
8 covering such vehicle on the date of the violation, with the name and
9 address of the lessee clearly legible, within thirty-seven days after
10 receiving notice from the court of the date and time of such violation,
11 together with the other information contained in the original notice of
12 liability. Failure to send such information within such thirty-seven
13 day time period shall render the owner liable for the penalty prescribed
14 by this section. Where the lessor complies with the provisions of this
15 paragraph, the lessee of such vehicle on the date of such violation
16 shall be deemed to be the owner of such vehicle for purposes of this
17 section, shall be subject to liability for the violation of section
18 eleven hundred seventy of this article pursuant to this section and
19 shall be sent a notice of liability pursuant to subdivision (g) of this
20 section.
21 2. (I) In such political subdivision which has authorized the adjudi-
22 cation of liability imposed upon owners by this section by an adminis-
23 trative tribunal, an owner who is a lessor of a vehicle to which a
24 notice of liability was issued pursuant to subdivision (g) of this
25 section shall not be liable for the violation of section eleven hundred
26 seventy of this article, provided that:
27 (A) prior to the violation, the lessor has filed with the tribunal the
28 vehicle identification information in accordance with the provisions of
29 section two hundred thirty-nine of this chapter; and
30 (B) within thirty-seven days after receiving notice from the tribunal
31 of the date and time of a liability, together with the other information
32 contained in the original notice of liability, the lessor submits to the
33 tribunal the correct name and address of the lessee of the vehicle iden-
34 tified in the notice of liability at the time of such violation, togeth-
35 er with such other additional information contained in the rental, lease
36 or other contract document, as may be reasonably required by the tribu-
37 nal pursuant to regulations that may be promulgated for such purpose.
38 (II) Failure to comply with clause (B) of subparagraph (I) of this
39 paragraph shall render the owner liable for the penalty prescribed in
40 this section.
41 (III) Where the lessor complies with the provisions of this paragraph,
42 the lessee of such vehicle on the date of such violation shall be deemed
43 to be the owner of such vehicle for purposes of this section, shall be
44 subject to liability for such violation pursuant to this section and
45 shall be sent a notice of liability pursuant to subdivision (g) of this
46 section.
47 (k) 1. If the owner liable for a violation of section eleven hundred
48 seventy of this article pursuant to this section was not the operator of
49 the vehicle at the time of the violation, the owner may maintain an
50 action for indemnification against the operator.
51 2. Notwithstanding any other provision of this section, no owner of a
52 vehicle shall be subject to a monetary fine imposed pursuant to this
53 section if the operator of such vehicle was using or operating such
54 vehicle without the permission of the owner at the time such operator
55 failed to obey a railroad sign or signal indicating the approach of a
56 train. For purposes of this subdivision there shall be a presumption
A. 6012--A 5
1 that the operator of such vehicle was using or operating such vehicle
2 with the permission of the owner at the time such operator failed to
3 obey a railroad sign or signal indicating the approach of a train.
4 (l) Nothing in this section shall be construed to limit the liability
5 of an operator of a vehicle for any violation of section eleven hundred
6 seventy of this article.
7 (m) In any such political subdivision which adopts a demonstration
8 program pursuant to subdivision (a) of this section, such political
9 subdivision shall submit an annual report on the results of the use of a
10 railroad grade crossing photo violation-monitoring system to the gover-
11 nor, the temporary president of the senate and the speaker of the assem-
12 bly on or before June first, two thousand twenty and on the same date in
13 each succeeding year in which the demonstration program is operable.
14 Such report shall include, but not be limited to:
15 1. a description of the locations where railroad grade crossing photo
16 violation-monitoring systems were used;
17 2. the aggregate number, type and severity of accidents reported at
18 intersections where a railroad grade crossing photo violation-monitoring
19 system is used for the year preceding the installation of such system,
20 to the extent the information is maintained by the department;
21 3. the aggregate number, type and severity of accidents reported at
22 intersections where a railroad grade crossing photo violation-monitoring
23 system is used, to the extent the information is maintained by the
24 department;
25 4. the number of violations recorded at each intersection where a
26 railroad grade crossing photo violation-monitoring system is used and in
27 the aggregate on a daily, weekly and monthly basis;
28 5. the total number of notices of liability issued for violations
29 recorded by such systems;
30 6. the number of fines and total amount of fines paid after first
31 notice of liability issued for violations recorded by such systems;
32 7. the number of violations adjudicated and results of such adjudi-
33 cations including breakdowns of dispositions made for violations
34 recorded by such systems;
35 8. the total amount of revenue realized by such political subdivision
36 from such adjudications;
37 9. expenses incurred by such political subdivision in connection with
38 the program; and
39 10. quality of the adjudication process and its results.
40 (n) It shall be a defense to any prosecution for a violation of
41 section eleven hundred seventy of this article pursuant to a local law
42 or ordinance adopted pursuant to this section that the railroad signal
43 indications were malfunctioning at the time of the alleged violation.
44 § 3. The vehicle and traffic law is amended by adding a new section
45 1633 to read as follows:
46 § 1633. Railroad grade crossing enforcement; demonstration program.
47 (a) 1. Notwithstanding any other provision of law, the Long Island Rail
48 Road and the Metro-North Commuter Railroad (hereinafter referred to as
49 "the commuter railroads") are hereby authorized and empowered to imple-
50 ment a demonstration program imposing monetary liability on the owner of
51 a vehicle for failure of an operator thereof to comply with section
52 eleven hundred seventy of this chapter. Such demonstration program
53 shall empower each of the commuter railroads to install, operate and
54 maintain railroad grade crossing photo violation-monitoring devices at
55 any railroad grade crossing with a sign or signal that indicates the
56 approach of one of its trains. If installation, operation or maintenance
A. 6012--A 6
1 of equipment pursuant to this section requires entry upon the property
2 of the political subdivision, the commuter railroad or its agent shall
3 first secure permission from such political subdivision to enter upon
4 the property. All such work shall be performed in accordance with appli-
5 cable federal and state requirements and industry safety standards. The
6 costs associated with the installation, operation and maintenance of the
7 railroad grade crossing photo violation-monitoring equipment located on
8 the railroad right of way shall be borne by the commuter railroad,
9 provided, however, in any case where the equipment is to be located on
10 both railroad property and the property of the political subdivision,
11 the terms and conditions for installation, operation and maintenance of
12 such equipment, including cost apportionment, if applicable, shall be
13 determined pursuant to a memorandum of understanding between the commu-
14 ter railroad and the political subdivision.
15 2. Such demonstration program shall utilize necessary technologies to
16 ensure, to the extent practicable, that photographs produced by such
17 railroad grade crossing photo violation-monitoring systems shall not
18 include images that identify the driver, the passengers or the contents
19 of the vehicle. Provided, however that no notice of liability issued
20 pursuant to this section shall be dismissed solely because a photograph
21 or photographs allow for the identification of the driver, the passen-
22 gers or the contents of a vehicle, provided that the commuter railroad
23 has made a reasonable effort to comply with the provisions of this para-
24 graph.
25 (b) Subject to the provisions of subdivision (a) of this section and
26 subject to the adjudicatory process of the appropriate political subdi-
27 vision, the owner of a vehicle shall be liable for a penalty imposed
28 pursuant to this section if such vehicle was used or operated with the
29 permission of the owner, express or implied, in violation of section
30 eleven hundred seventy of this chapter, and such violation is evidenced
31 by information obtained from a railroad grade crossing photo violation-
32 monitoring system; provided, however, that no owner of a vehicle shall
33 be liable for a penalty imposed pursuant to this section where the oper-
34 ator of such vehicle has been convicted of the underlying violation of
35 section eleven hundred seventy of this chapter.
36 (c) For purposes of this section, the following terms shall have the
37 following meanings:
38 1. "Owner" shall have the meaning as provided in article two-B of this
39 chapter;
40 2. "Railroad grade crossing photo violation-monitoring system" shall
41 mean a vehicle sensor installed to work in conjunction with a railroad
42 sign or signal which automatically produces two or more photographs, two
43 or more microphotographs, a videotape or other recorded images of each
44 vehicle at the time it is used or operated in violation of section elev-
45 en hundred seventy of this chapter;
46 3. "Political subdivision" shall mean a county, city, town or village
47 located within the metropolitan commuter transportation district, as
48 such district is defined in section twelve hundred sixty-two of the
49 public authorities law.
50 4. "Operator" shall have the same meaning as provided in section two
51 hundred thirty-nine of this chapter.
52 (d) A certificate, sworn to or affirmed by a technician employed by
53 the commuter railroad where the charged violation occurred, or a facsim-
54 ile thereof, based upon inspection or photographs, microphotographs,
55 videotape or other recorded images produced by a railroad grade crossing
56 photo violation-monitoring system, shall be prima facie evidence of the
A. 6012--A 7
1 facts contained therein. Any photographs, microphotographs, videotape or
2 other recorded images evidencing such a violation shall be available for
3 inspection in any proceeding to adjudicate the liability for such
4 violation pursuant to law.
5 (e) An owner liable for a violation of section eleven hundred seventy
6 of this chapter pursuant to a railroad grade crossing demonstration
7 program adopted pursuant to this section shall be liable for monetary
8 penalties not to exceed one hundred dollars for each violation provided,
9 however, that an adjudicating authority may provide for an additional
10 penalty of not in excess of twenty-five dollars for each violation for
11 the failure to respond to a notice of liability within the prescribed
12 period of time.
13 (f) An imposition of liability pursuant to this section shall not be
14 deemed a conviction as an operator and shall not be made part of the
15 operating record of the person upon whom such liability is imposed nor
16 shall it be used for insurance purposes in the provision of motor vehi-
17 cle insurance coverage.
18 (g) 1. A notice of liability shall be sent by first class mail to each
19 person alleged to be liable as an owner for a violation of section elev-
20 en hundred seventy of this chapter pursuant to this section and a copy
21 of such notice shall be sent by first class mail to the political subdi-
22 vision. Personal delivery on the owner shall not be required. A manual
23 or automatic record of mailing prepared in the ordinary course of busi-
24 ness shall be prima facie evidence of the facts contained therein.
25 2. A notice of liability shall contain the name and address of the
26 person alleged to be liable as an owner for a violation of section elev-
27 en hundred seventy of this chapter pursuant to this section, the regis-
28 tration number of the vehicle involved in such violation, the location
29 where such violation took place, the date and time of such violation and
30 the identification number of the camera which recorded the violation or
31 other document locator number.
32 3. The notice of liability shall contain information advising the
33 person charged of the manner and the time in which he or she may contest
34 the liability alleged in the notice. Such notice of liability shall also
35 contain a warning to advise the person charged that failure to contest
36 the manner and time provided shall be deemed an admission of liability
37 and that a default judgment may be entered thereon.
38 4. The notice of liability shall be prepared and mailed by the commu-
39 ter railroad, or by any other entity authorized by such commuter rail-
40 road to prepare and mail such notification of violation.
41 (h) Adjudication of the liability imposed upon owners by this section
42 shall be by the court having jurisdiction over traffic infractions,
43 except that if a political subdivision has established an administrative
44 tribunal to hear and determine complaints of traffic infractions consti-
45 tuting parking, standing or stopping violations, such political subdivi-
46 sion may, by local law, authorize such adjudication by such tribunal.
47 (i) If an owner receives a notice of liability pursuant to this
48 section for any time period during which the vehicle was reported to a
49 law enforcement agency as having been stolen, it shall be a valid
50 defense to an allegation of liability for a violation of section eleven
51 hundred seventy of this chapter pursuant to this section that the vehi-
52 cle had been reported to the police as stolen after the owner found out
53 it was stolen and had not been recovered by the time the violation
54 occurred. For purposes of asserting the defense provided by this subdi-
55 vision it shall be sufficient that a certified copy of a police report
A. 6012--A 8
1 on the stolen vehicle be sent by first class mail to the court or admin-
2 istrative tribunal having jurisdiction or parking violations bureau.
3 (j) 1. In any political subdivision where the adjudication of liabil-
4 ity imposed upon owners pursuant to this section is by a court having
5 jurisdiction, an owner who is a lessor of a vehicle to which a notice of
6 liability was issued pursuant to subdivision (g) of this section shall
7 not be liable for the violation of section eleven hundred seventy of
8 this chapter, provided that he or she sends to the court having juris-
9 diction a copy of the rental, lease or other such contract document
10 covering such vehicle on the date of the violation, with the name and
11 address of the lessee clearly legible, within thirty-seven days after
12 receiving notice from the court of the date and time of such violation,
13 together with the other information contained in the original notice of
14 liability. Failure to send such information within such thirty-seven day
15 time period shall render the owner liable for the penalty prescribed by
16 this section. Where the lessor complies with the provisions of this
17 paragraph, the lessee of such vehicle on the date of such violation
18 shall be deemed to be the owner of such vehicle for purposes of this
19 section, shall be subject to liability for the violation of section
20 eleven hundred seventy of this chapter pursuant to this section and
21 shall be sent a notice of liability pursuant to subdivision (g) of this
22 section.
23 2. (i) In any political subdivision which has authorized the adjudi-
24 cation of liability imposed upon owners by this section by an adminis-
25 trative tribunal, an owner who is a lessor of a vehicle to which a
26 notice of liability was issued pursuant to subdivision (g) of this
27 section shall not be liable for the violation of section eleven hundred
28 seventy of this chapter, provided that:
29 (A) Prior to the violation, the lessor has filed with the tribunal the
30 vehicle identification information in accordance with the provisions of
31 section two hundred thirty-nine of this chapter; and
32 (B) Within thirty-seven days after receiving notice from the tribunal
33 of the date and time of a liability, together with the other information
34 contained in the original notice of liability, the lessor submits to the
35 tribunal the correct name and address of the lessee of the vehicle iden-
36 tified in the notice of liability at the time of such violation, togeth-
37 er with such other additional information contained in the rental, lease
38 or other contract document, as may be reasonably required by the tribu-
39 nal pursuant to regulations that may be promulgated for such purpose.
40 (ii) Failure to comply with clause (B) of subparagraph (i) of this
41 paragraph shall render the owner liable for the penalty prescribed in
42 this section.
43 (iii) Where the lessor complies with the provisions of this paragraph,
44 the lessee of such vehicle on the date of such violation shall be deemed
45 to be the owner of such vehicle for purposes of this section, shall be
46 subject to liability for such violation pursuant to this section and
47 shall be sent a notice of liability pursuant to subdivision (g) of this
48 section.
49 (k) 1. If the owner liable for a violation of section eleven hundred
50 seventy of this chapter pursuant to this section was not the operator of
51 the vehicle at the time of the violation, the owner may maintain an
52 action for indemnification against the operator.
53 2. Notwithstanding any other provision of this section, no owner of a
54 vehicle shall be subject to a monetary fine imposed pursuant to this
55 section if the operator of such vehicle was using or operating such
56 vehicle without the permission of the owner at the time such operator
A. 6012--A 9
1 failed to obey a railroad sign or signal indicating the approach of a
2 train. For purposes of this subdivision there shall be a presumption
3 that the operator of such vehicle was using or operating such vehicle
4 with the permission of the owner at the time such operator failed to
5 obey a railroad sign or signal indicating the approach of a train.
6 (l) Nothing in this section shall be construed to limit the liability
7 of an operator of a vehicle for any violation of section eleven hundred
8 seventy of this chapter.
9 (m) Where a commuter railroad adopts a demonstration program pursuant
10 to subdivision (a) of this section, such railroad shall submit an annual
11 report on the results of the use of a railroad grade crossing photo
12 violation-monitoring system to the governor, the temporary president of
13 the senate and speaker of the assembly on or before June first, two
14 thousand twenty and on the same date in each succeeding year in which
15 the demonstration program is operable. Such report shall include, but
16 not be limited to:
17 1. a description of the locations where railroad grade crossing photo
18 violation-monitoring systems were used;
19 2. the aggregate number, type and severity of accidents reported at
20 intersections where a railroad grade crossing photo violation-monitoring
21 system is used for the year preceding the installation of such system,
22 to the extent the information is maintained by the department;
23 3. the aggregate number, type and severity of accidents reported at
24 intersections where a railroad grade crossing photo violation-monitoring
25 system is used, to the extent the information is maintained by the
26 department;
27 4. the number of violations recorded at each intersection where a
28 railroad grade crossing photo violation-monitoring system is used and in
29 the aggregate on a daily, weekly and monthly basis;
30 5. the total number of notices of liability issued for violations
31 recorded by such systems;
32 6. the number of fines and total amount of fines paid after first
33 notice of liability issued for violations recorded by such systems;
34 7. the number of violations adjudicated and results of such adjudi-
35 cations including breakdowns of dispositions made for violations
36 recorded by such systems;
37 8. the total amount of revenue realized by all applicable political
38 subdivisions from such adjudications;
39 9. expenses incurred by such commuter railroad and political subdivi-
40 sion in connection with the program; and
41 10. quality of the adjudication process and its results.
42 (n) It shall be a defense to any prosecution for a violation of
43 section eleven hundred seventy of this chapter pursuant to a local law
44 or ordinance adopted pursuant to this section that there is verified
45 evidence that the railroad signal indications were malfunctioning at the
46 time of the alleged violation.
47 § 4. The opening paragraph of subdivision 1 of section 1803 of the
48 vehicle and traffic law, as amended by chapter 385 of the laws of 1999,
49 is amended to read as follows:
50 Except as otherwise provided in subdivision five of section two
51 hundred twenty-seven of this chapter, section eleven hundred seventy-a
52 of this chapter, section sixteen hundred thirty-three of this chapter
53 and as provided in section eleven hundred ninety-seven of this chapter,
54 section ninety of the state finance law and sections fourteen-f and one
55 hundred forty of the transportation law, all fines and penalties
56 collected under a sentence or judgment of conviction of a violation of
A. 6012--A 10
1 this chapter or of any act relating to the use of highways by motor
2 vehicles or trailers, now in force or hereafter enacted, shall be
3 distributed in the following manner:
4 § 5. Section 1803 of the vehicle and traffic law is amended by adding
5 a new subdivision 10 to read as follows:
6 10. Where a commuter railroad establishes a railroad grade crossing
7 demonstration program pursuant to section sixteen hundred thirty-three
8 of this chapter, all fines, penalties and forfeitures collected pursuant
9 to such section shall be paid to the county, city, town or village with-
10 in whose jurisdiction the subject railroad grade crossing is located.
11 § 6. Subdivision 2 of section 87 of the public officers law is amended
12 by adding a new paragraph (q) to read as follows:
13 (q) are photographs, microphotographs, videotape or other recorded
14 images prepared under the authority of section eleven hundred seventy-a
15 of the vehicle and traffic law.
16 § 7. This act shall take effect on the thirtieth day after it shall
17 have become a law, and shall expire and be deemed repealed 5 years after
18 such effective date.