Requires a resolution by the board of trustees of a school district to authorize the installation, administration, operation, notice processing and maintenance of and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus; provides for owner liability of a motor vehicle detected by a camera to have illegally passed or overtaken a school bus; provides that liability shall be a monetary penalty in the amount of two hundred fifty dollars.
STATE OF NEW YORK
________________________________________________________________________
4658
2019-2020 Regular Sessions
IN SENATE
March 19, 2019
___________
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the education law and the vehicle and traffic law, in
relation to authorizing the installation and use of safety cameras on
school buses for the purpose of monitoring overtaking and passing of
school bus violations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1604 of the education law is amended by adding a
2 new subdivision 43 to read as follows:
3 43. To pass, in the discretion of the trustees, a resolution authoriz-
4 ing the use of school bus cameras pursuant to section eleven hundred
5 eighteen of the vehicle and traffic law, provided that the trustees may
6 also enter into contracts with a third party for the installation,
7 administration, operation, notice processing, and maintenance of such
8 cameras, and for the sharing of revenue derived from such cameras pursu-
9 ant to section eleven hundred eighteen of the vehicle and traffic law,
10 provided that the purchase, lease, installation, operation and mainte-
11 nance, or any other costs associated with such cameras shall not be
12 considered an aidable expense pursuant to section thirty-six hundred
13 twenty-three-a of this chapter.
14 § 2. Section 1709 of the education law is amended by adding a new
15 subdivision 43 to read as follows:
16 43. To pass a resolution, in the discretion of the board, authorizing
17 the use of school bus cameras pursuant to section eleven hundred eigh-
18 teen of the vehicle and traffic law, provided that the board may also
19 enter into contracts with a third party for the installation, adminis-
20 tration, operation, notice processing, and maintenance of such cameras,
21 and for the sharing of revenue derived from such cameras pursuant to
22 section eleven hundred eighteen of the vehicle and traffic law, provided
23 that the purchase, lease, installation, operation and maintenance, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00638-02-9
S. 4658 2
1 any other costs associated with such cameras shall not be considered an
2 aidable expense pursuant to section thirty-six hundred twenty-three-a of
3 this chapter.
4 § 3. The vehicle and traffic law is amended by adding a new section
5 1118 to read as follows:
6 § 1118. Owner liability for operator illegally overtaking or passing a
7 school bus. (a) 1. Notwithstanding any other provision of law, each
8 board of education or trustees of a school district is hereby authorized
9 and empowered to adopt and amend a resolution establishing a school bus
10 safety camera program imposing monetary liability on the owner of a
11 vehicle for failure of an operator thereof to comply with section eleven
12 hundred seventy-four of this title. Such program shall empower a board
13 of education or school district or school bus transportation contractor
14 that has contracted with such school district to install school bus
15 safety cameras upon school buses operated by or contracted with such
16 district.
17 2. Such program shall utilize necessary technologies to ensure, to the
18 extent practicable, that photographs produced by such school bus safety
19 cameras shall not include images that identify the driver, the passen-
20 gers, or the contents of the vehicle. Provided, however, that no notice
21 of liability issued pursuant to this section shall be dismissed solely
22 because a photograph or photographs allow for the identification of the
23 contents of a vehicle, provided that such school district has made a
24 reasonable effort to comply with the provisions of this paragraph.
25 (b) In any school district which has adopted a resolution pursuant to
26 subdivision (a) of this section, the owner of a vehicle shall be liable
27 for a penalty imposed pursuant to this section if such vehicle was used
28 or operated with the permission of the owner, express or implied, in
29 violation of subdivision (a) of section eleven hundred seventy-four of
30 this title, and such violation is evidenced by information obtained from
31 a school bus safety camera; provided however that no owner of a vehicle
32 shall be liable for a penalty imposed pursuant to this section where the
33 operator of such vehicle has been convicted of the underlying violation
34 of subdivision (a) of section eleven hundred seventy-four of this title.
35 (c) For purposes of this section, "owner" shall have the meaning
36 provided in article two-B of this chapter. For purposes of this section,
37 "school bus safety camera" shall mean an automated photo monitoring
38 device affixed to the outside of a school bus and designated to detect
39 and store one or more images of motor vehicles that overtake or pass
40 school buses in violation of subdivision (a) of section eleven hundred
41 seventy-four of this title.
42 (d) No school district or school bus transportation contractor that
43 has installed cameras pursuant to this section shall access the images
44 from such cameras but shall provide, pursuant to an agreement with the
45 appropriate law enforcement agency or agencies, for the proper handling
46 and custody of such images for the forwarding of such images from such
47 cameras to a law enforcement agency having jurisdiction in the area in
48 which the violation occurred for the purpose of imposing monetary
49 liability on the owner of a motor vehicle for illegally overtaking or
50 passing a school bus in violation of subdivision (a) of section eleven
51 hundred seventy-four of this title. After receipt of such images a
52 police officer shall inspect such images to determine whether a
53 violation of subdivision (a) of section eleven hundred seventy-four of
54 this title was committed. Upon such a finding a certificate, sworn to or
55 affirmed by an officer of such agency, or a facsimile thereof, based
56 upon inspection of photographs, microphotographs or other recorded
S. 4658 3
1 images produced by a school bus safety camera, shall be prima facie
2 evidence of the facts contained therein. Any photographs, microphoto-
3 graphs or other recorded images evidencing such a violation shall be
4 available for inspection in any proceeding to adjudicate the liability
5 for such violation.
6 (e) An owner found liable pursuant to this section for a violation of
7 subdivision (a) of section eleven hundred seventy-four of this title
8 shall be liable for a monetary penalty of two hundred fifty dollars.
9 (e-1) Payment of the monetary penalty imposed by subdivision (e) of
10 this section shall be payable to the municipality where the violation
11 occurred, provided however, the school district shall be entitled to a
12 portion of the monetary penalty that equals the cost to the school
13 district of purchasing and maintaining the cameras. Nothing herein shall
14 prevent the municipality from entering into a memorandum of understand-
15 ing with the school district to return an additional portion of such
16 penalty received to the school district.
17 (f) An imposition of liability under this section shall not be deemed
18 a conviction as an operator and shall not be made part of the operating
19 record of the person upon whom such liability is imposed nor shall it be
20 used for insurance purposes in the provision of motor vehicle insurance
21 coverage.
22 (g) 1. A notice of liability shall be sent by the respective law
23 enforcement agency by first class mail to each person alleged to be
24 liable as an owner for a violation of subdivision (a) of section eleven
25 hundred seventy-four of this title pursuant to this section. Personal
26 delivery on the owner shall not be required. A manual or automatic
27 record of mailing prepared in the ordinary course of business shall be
28 prima facie evidence of the facts contained therein.
29 2. A notice of liability shall contain the name and address of the
30 person alleged to be liable as an owner for a violation of subdivision
31 (a) of section eleven hundred seventy-four of this title pursuant to
32 this section, the registration number of the vehicle involved in such
33 violation, the location where such violation took place, the date and
34 time of such violation and the identification number of the camera which
35 recorded the violation or other document locator number.
36 3. The notice of liability shall contain information advising the
37 person charged of the manner and the time in which he may contest the
38 liability alleged in the notice. Such notice of liability shall also
39 contain a warning to advise the persons charged that failure to contest
40 in the manner and time provided shall be deemed an admission of liabil-
41 ity and that a default judgement may be entered thereon.
42 4. The notice of liability shall be prepared and mailed by the respec-
43 tive law enforcement agency having jurisdiction over the location where
44 the violation occurred.
45 (h) Adjudication of the liability imposed upon owners by this section
46 shall be by a traffic violations bureau established pursuant to section
47 three hundred seventy of the general municipal law or, if there be none,
48 by the court having jurisdiction over traffic infractions, except that
49 any city which has established or designated an administrative tribunal
50 to hear and determine owner liability established by this article for
51 failure to comply with traffic-control indications shall use such tribu-
52 nal to adjudicate the liability imposed by this section.
53 (i) If an owner receives a notice of liability pursuant to this
54 section for any time period during which the vehicle was reported to a
55 police department as having been stolen, it shall be a valid defense to
56 an allegation of liability for a violation of subdivision (a) of section
S. 4658 4
1 eleven hundred seventy-four of this title pursuant to this section that
2 the vehicle had been reported to the police as stolen prior to the time
3 the violation occurred and had not been recovered by such time. For
4 purposes of asserting the defense provided by this subdivision it shall
5 be sufficient that a certified copy of the police report on the stolen
6 vehicle be sent by first class mail to the traffic violations bureau,
7 court having jurisdiction or parking violations bureau.
8 (j) Where the adjudication of liability imposed upon owners pursuant
9 to this section is by an administrative tribunal, traffic violations
10 bureau, or a court having jurisdiction, an owner who is a lessor of a
11 vehicle to which a notice of liability was issued pursuant to subdivi-
12 sion (g) of this section shall not be liable for the violation of subdi-
13 vision (a) of section eleven hundred seventy-four of this title,
14 provided that he or she sends to the administrative tribunal, traffic
15 violations bureau, or court having jurisdiction a copy of the rental,
16 lease or other such contract document covering such vehicle on the date
17 of the violation, with the name and address of the lessee clearly legi-
18 ble, within thirty-seven days after receiving notice from the bureau or
19 court of the date and time of such violation, together with the other
20 information contained in the original notice of liability. Failure to
21 send such information within such thirty-seven day time period shall
22 render the owner liable for the penalty prescribed by this section.
23 Where the lessor complies with the provisions of this paragraph, the
24 lessee of such vehicle on the date of such violation shall be deemed to
25 be the owner of such vehicle for purposes of this section, shall be
26 subject to liability for the violation of subdivision (a) of section
27 eleven hundred seventy-four of this title pursuant to this section and
28 shall be sent a notice of liability pursuant to subdivision (g) of this
29 section.
30 (k) 1. If the owner liable for a violation of subdivision (a) of
31 section eleven hundred seventy-four of this title pursuant to this
32 section was not the operator of the vehicle at the time of the
33 violation, the owner may maintain an action for indemnification against
34 the operator.
35 2. Notwithstanding any other provision of this section, no owner of a
36 vehicle shall be subject to a monetary fine imposed pursuant to this
37 section if the operator of such vehicle was operating such vehicle with-
38 out the consent of the owner at the time such operator was found to have
39 been overtaking or passing a school bus. For purposes of this subdivi-
40 sion there shall be a presumption that the operator of such vehicle was
41 operating such vehicle with the consent of the owner at the time such
42 operator was found to have been overtaking or passing a school bus.
43 (l) Nothing in this section shall be construed to limit the liability
44 of an operator of a vehicle for any violation of subdivision (a) of
45 section eleven hundred seventy-four of this title.
46 (m) In any school district which adopts a school bus safety camera
47 program pursuant to subdivision (a) of this section, such school
48 district shall submit an annual report on the results of the use of its
49 school bus safety cameras to the governor, the temporary president of
50 the senate and the speaker of the assembly on or before June first, two
51 thousand twenty and on the same date in each succeeding year in which
52 the demonstration program is operable. Such report shall include, but
53 not be limited to:
54 1. a description of the number of buses and routes where school bus
55 safety cameras were used;
S. 4658 5
1 2. the aggregate number of annual incidents of violations of subdivi-
2 sion (a) of section eleven hundred seventy-four of this title within the
3 districts;
4 3. the number of violations recorded by school bus safety cameras in
5 the aggregate and on a daily, weekly and monthly basis;
6 4. the total number of notices of liability issued for violations
7 recorded by such systems;
8 5. the number of fines and total amount of fines paid after first
9 notice of liability issued for violations recorded by such systems;
10 6. the number of violations adjudicated and results of such adjudi-
11 cations including breakdowns of dispositions made for violations
12 recorded by such systems;
13 7. the total amount of revenue realized by such school district from
14 such adjudications;
15 8. expenses incurred by such school district in connection with the
16 program; and
17 9. quality of the adjudication process and its results.
18 (n) It shall be a defense to any prosecution for a violation of subdi-
19 vision (a) of section eleven hundred seventy-four of this title that
20 such school bus safety cameras were malfunctioning at the time of the
21 alleged violation.
22 § 4. This act shall take effect immediately.