S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         10948

                                 I N  A S S E M B L Y

                                      May 8, 2008
                                      ___________

       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Transportation

       AN ACT to amend the vehicle and traffic law,  in  relation  to  allowing
         counties to establish demonstration programs imposing monetary liabil-
         ity  on  the  owner of a vehicle for failure of an operator thereof to
         comply with traffic-control indications

         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 and subdivision (e) as amended by chapter 479 of  the  laws
    5  of  1994,  is  amended and two new subdivisions (o) and (p) are added to
    6  read as follows:
    7    S 1111-a. Owner liability for  failure  of  operator  to  comply  with
    8  traffic-control  indications. (a) 1. Notwithstanding any other provision
    9  of law, each city with a population of one million or more AND COUNTY AS
   10  PROVIDED IN SUBDIVISION (O) OF THIS SECTION  is  hereby  authorized  and
   11  empowered  to  adopt  and  amend a local law or ordinance establishing a
   12  demonstration program imposing monetary liability  on  the  owner  of  a
   13  vehicle  for  failure of an operator thereof to comply with traffic-con-
   14  trol  indications  in  such  city  OR  COUNTY  in  accordance  with  the
   15  provisions  of  this section. Such demonstration program shall empower a
   16  city OR COUNTY to  install  and  operate  traffic-control  signal  photo
   17  violation-monitoring  devices  at no more than one hundred intersections
   18  within such city at any one time AND AT NO MORE THAN TWENTY-FIVE PERCENT
   19  OF INTERSECTIONS WITHIN SUCH COUNTY AT ANY ONE TIME.
   20    2. Such demonstration program shall utilize necessary technologies  to
   21  ensure,  to  the  extent  practicable, that photographs produced by such
   22  traffic-control signal  photo  violation-monitoring  systems  shall  not
   23  include images that identify the driver, the passengers, or the contents
   24  of  the  vehicle.  Provided, however, that no notice of liability issued
   25  pursuant to this section shall be dismissed solely because a  photograph
   26  or  photographs  allow for the identification of the contents of a vehi-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD16139-01-8

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    1  cle, provided that such city OR COUNTY has made a reasonable  effort  to
    2  comply with the provisions of this paragraph.
    3    (b)  In  any city OR COUNTY which has adopted a local law or ordinance
    4  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
    5  shall  be  liable for a penalty imposed pursuant to this section if such
    6  vehicle was used or operated with the permission of the  owner,  express
    7  or  implied,  in  violation of subdivision (d) of section eleven hundred
    8  eleven of this article, and such violation is evidenced  by  information
    9  obtained   from  a  traffic-control  signal  photo  violation-monitoring
   10  system; provided however that no owner of a vehicle shall be liable  for
   11  a  penalty  imposed  pursuant to this section where the operator of such
   12  vehicle has been convicted of the underlying  violation  of  subdivision
   13  (d) of section eleven hundred eleven of this article.
   14    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
   15  provided in article two-B of this chapter. For purposes of this section,
   16  "traffic-control signal photo violation-monitoring system" shall mean  a
   17  {vehicle  sensor installed to work in conjunction with a traffic-control
   18  signal which automatically produces two or more photographs, two or more
   19  microphotographs, a videotape or other recorded images of  each  vehicle
   20  at  the  time  it is used or operated in violation of subdivision (d) of
   21  section  eleven  hundred  eleven  of  this  article}  SYSTEM   UTILIZING
   22  RADAR-BASED  DOWN-THE-ROAD  SPEED  MEASUREMENT METHODS IN WHICH A PHOTO-
   23  GRAPH IS TAKEN COINCIDENT TO, OR AS NEAR AS POSSIBLE  TO,  THE  LOCATION
   24  OF, RECORDED SPEED MEASUREMENTS; PROVIDED HOWEVER, THAT ONLY PHOTOGRAPHS
   25  OF THE REAR OF THE VEHICLE SHALL BE TAKEN AND SUCH PHOTOGRAPHS AND SPEED
   26  MEASUREMENT  SHALL  NOT BE UTILIZED FOR SPEED ENFORCEMENT PURPOSES. SUCH
   27  DEMONSTRATION PROGRAM  SHALL  USE  SYSTEMS  THAT  PROVIDE  AN  AUTOMATED
   28  CONCURRENT  SECONDARY  MEASUREMENT  OF VEHICLE SPEED AS VERIFICATION. IN
   29  ADDITION, THESE SYSTEMS SHALL BE CAPABLE OF MAKING SEPARATE AND DISTINCT
   30  MEASUREMENTS OF MULTIPLE VEHICLES WITHIN THE RANGE  OF  DETECTION.  SUCH
   31  DEMONSTRATION PROGRAM SHALL NOT UTILIZE VEHICLE SENSORS OF THE FOLLOWING
   32  TYPES:   VIDEO,   VIRTUAL  LOOPS,  LASER-BASED,  ACROSS-THE-ROAD  RADAR,
   33  IN-THE-ROAD EMBEDDED OR SURFACE MOUNT OR ADDITIONAL ROAD MARKINGS.  SUCH
   34  DEMONSTRATION  PROGRAM SHALL UTILIZE CORE TECHNOLOGY DATABASE AND APPLI-
   35  CATION PROTOCOLS FOR TICKET-PROCESSING  SYSTEMS  COMPATIBLE  WITH  STATE
   36  AGENCY SYSTEMS.
   37    (d)  A  certificate,  sworn to or affirmed by a technician employed by
   38  the city OR COUNTY in which the charged violation occurred, or a facsim-
   39  ile thereof, based upon  inspection  of  photographs,  microphotographs,
   40  videotape  or other recorded images produced by a traffic-control signal
   41  photo violation-monitoring system, shall be prima facie evidence of  the
   42  facts contained therein. Any photographs, microphotographs, videotape or
   43  other recorded images evidencing such a violation shall be available for
   44  inspection  in  any  proceeding  to  adjudicate  the  liability for such
   45  violation pursuant to a local law or ordinance adopted pursuant to  this
   46  section.
   47    (e)  An  owner  liable  for  a violation of subdivision (d) of section
   48  eleven hundred eleven of this article pursuant to a local law  or  ordi-
   49  nance  adopted  pursuant  to  this  section shall be liable for monetary
   50  penalties in accordance with a schedule of fines and penalties to be set
   51  forth in such local law or ordinance, except that: (I) in a city  which,
   52  by local law, has authorized the adjudication of such owner liability by
   53  a  parking violations bureau, such schedule shall be promulgated by such
   54  bureau; (II)IN ANY COUNTY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE  ADJU-
   55  DICATION  OF  SUCH  OWNER  LIABILITY BY A TRAFFIC AND PARKING VIOLATIONS
   56  AGENCY, SUCH SCHEDULE MAY BE PROMULGATED BY THE BOARD OF JUDGES  OF  THE

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    1  DISTRICT  COURT  FOR SUCH COUNTY, PURSUANT TO SUBDIVISION ONE OF SECTION
    2  TWENTY-FOUR HUNDRED EIGHT OR  SUBDIVISION  ONE  OF  SECTION  TWENTY-FOUR
    3  HUNDRED ELEVEN OF THE UNIFORM DISTRICT COURT ACT; AND (III) IN ANY COUN-
    4  TY  WHICH,  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY, BY LOCAL LAW, HAS
    5  DEVELOPED AN ADJUDICATION PROCESS APPROVED BY THE DIVISION  OF  CRIMINAL
    6  JUSTICE  SERVICES,  WHICH  RESULTS IN ALL REVENUE BEING RETAINED BY SUCH
    7  COUNTIES AFTER ALL ELIGIBLE SURCHARGES ARE PAID TO THE STATE, SUCH SCHE-
    8  DULE SHALL BE PROMULGATED IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THE
    9  APPROVED  PROCESS.   The liability of the owner pursuant to this section
   10  shall not exceed fifty dollars for each  violation;  provided,  however,
   11  that  such  local law or ordinance may provide for an additional penalty
   12  not in excess of twenty-five dollars for each violation for the  failure
   13  to respond to a notice of liability within the prescribed time period.
   14    (f)  An imposition of liability under a local law or ordinance adopted
   15  pursuant to this section shall not be deemed a conviction as an operator
   16  and shall not be made part of the operating record of  the  person  upon
   17  whom  such  liability  is  imposed  nor  shall  it be used for insurance
   18  purposes in the provision of motor vehicle insurance coverage.
   19    (g) 1. A notice of liability shall be sent by first class mail to each
   20  person alleged to be liable as an owner for a violation  of  subdivision
   21  (d)  of  section  eleven hundred eleven of this article pursuant to this
   22  section. 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 subdivision
   27  (d) of section eleven hundred eleven of this article  pursuant  to  this
   28  section,  the  registration  number  of  the  vehicle  involved  in such
   29  violation, the location where such violation took place,  the  date  and
   30  time of such violation and the identification number of the camera which
   31  recorded the violation or 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 persons charged that failure to  contest
   36  in  the manner and time provided shall be deemed an admission of liabil-
   37  ity and that a default judgment may be entered thereon.
   38    4. The notice of liability shall be prepared and mailed by the city OR
   39  COUNTY having jurisdiction over the  intersection  where  the  violation
   40  occurred,  or  by  any  other entity authorized by the city OR COUNTY to
   41  prepare and mail such notification of violation.
   42    (h) Adjudication of the liability imposed upon owners by this  section
   43  shall  be by a traffic violations bureau established pursuant to section
   44  three hundred seventy of the general municipal law or  BY A TRAFFIC  AND
   45  PARKING  VIOLATIONS  AGENCY,  OR  BY  A PROCESS CREATED BY LOCAL LAW AND
   46  APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES OR,  if  there  be
   47  none,  by the court having jurisdiction over traffic infractions, except
   48  that any city which has established an administrative tribunal  to  hear
   49  and  determine  complaints  of traffic infractions constituting parking,
   50  standing or stopping violations may, by local law, authorize such  adju-
   51  dication by such tribunal.
   52    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
   53  section for any time period during which the vehicle was reported to the
   54  police department as having been stolen, it shall be a valid defense  to
   55  an allegation of liability for a violation of subdivision (d) of section
   56  eleven  hundred eleven of this article pursuant to this section that the

       A. 10948                            4

    1  vehicle had been reported to the police as stolen prior to the time  the
    2  violation occurred and had not been recovered by such time. For purposes
    3  of asserting the defense provided by this subdivision it shall be suffi-
    4  cient  that  a certified copy of the police report on the stolen vehicle
    5  be sent by first class mail to  the  traffic  violations  bureau,  court
    6  having jurisdiction or parking violations bureau.
    7    (j) 1. In a city OR COUNTY where the adjudication of liability imposed
    8  upon  owners  pursuant to this section is by a traffic violations bureau
    9  or BY A TRAFFIC AND PARKING VIOLATIONS AGENCY, OR BY A  PROCESS  CREATED
   10  BY  LOCAL  LAW AND APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
   11  OR a court having jurisdiction, an owner who is a lessor of a vehicle to
   12  which a notice of liability was issued pursuant to  subdivision  (g)  of
   13  this section shall not be liable for the violation of subdivision (d) of
   14  section  eleven  hundred eleven of this article, provided that he or she
   15  sends to the traffic violations bureau, A TRAFFIC AND PARKING VIOLATIONS
   16  AGENCY, OR THROUGH OTHER PROCESS AS CREATED BY LOCAL LAW AND APPROVED BY
   17  THE DIVISION OF CRIMINAL JUSTICE SERVICES or A court having jurisdiction
   18  a copy of the rental, lease or other  such  contract  document  covering
   19  such  vehicle on the date of the violation, with the name and address of
   20  the lessee clearly legible, within  thirty-seven  days  after  receiving
   21  notice from the bureau, TRAFFIC AND PARKING VIOLATIONS AGENCY OR THROUGH
   22  OTHER  PROCESS  AS  CREATED BY LOCAL LAW AND APPROVED BY THE DIVISION OF
   23  CRIMINAL JUSTICE SERVICES  or  court  of  the  date  and  time  of  such
   24  violation, together with the other information contained in the original
   25  notice  of liability. Failure to send such information within such thir-
   26  ty-seven day time period shall render the owner liable for  the  penalty
   27  prescribed   by  this  section.  Where  the  lessor  complies  with  the
   28  provisions of this paragraph, the lessee of such vehicle on the date  of
   29  such  violation  shall  be  deemed  to  be the owner of such vehicle for
   30  purposes of  this  section,  shall  be  subject  to  liability  for  the
   31  violation  of  subdivision  (d) of section eleven hundred eleven of this
   32  article pursuant to this section and shall be sent a notice of liability
   33  pursuant to subdivision (g) of this section.
   34    2. (i) In a city which, by local law, has authorized the  adjudication
   35  of liability imposed upon owners by this section by a parking violations
   36  bureau,  an  owner  who  is  a  lessor of a vehicle to which a notice of
   37  liability was issued pursuant to subdivision (g) of this  section  shall
   38  not  be  liable  for  the violation of subdivision (d) of section eleven
   39  hundred eleven of this article, provided that:
   40    (A) prior to the violation, the lessor has filed with  the  bureau  in
   41  accordance  with  the  provisions  of section two hundred thirty-nine of
   42  this chapter; and
   43    (B) within thirty-seven days after receiving notice from the bureau of
   44  the date and time of a liability, together with  the  other  information
   45  contained in the original notice of liability, the lessor submits to the
   46  bureau the correct name and address of the lessee of the vehicle identi-
   47  fied  in the notice of liability at the time of such violation, together
   48  with such other additional information contained in the rental, lease or
   49  other contract document, as may be reasonably  required  by  the  bureau
   50  pursuant to regulations that may be promulgated for such purpose.
   51    (ii)  Failure  to  comply  with clause (B) of subparagraph (i) of this
   52  paragraph shall render the owner liable for the  penalty  prescribed  in
   53  this section.
   54    (iii) Where the lessor complies with the provisions of this paragraph,
   55  the lessee of such vehicle on the date of such violation shall be deemed
   56  to  be  the owner of such vehicle for purposes of this section, shall be

       A. 10948                            5

    1  subject to liability for such violation pursuant  to  this  section  and
    2  shall  be sent a notice of liability pursuant to subdivision (g) of this
    3  section.
    4    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
    5  section eleven hundred eleven of this article pursuant to  this  section
    6  was  not  the  operator of the vehicle at the time of the violation, the
    7  owner may maintain an action for indemnification against the operator.
    8    2. Notwithstanding any other provision of this section, no owner of  a
    9  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
   10  section if the operator of such vehicle was operating such vehicle with-
   11  out the consent of the owner at the time such operator failed to obey  a
   12  traffic-control indication. For purposes of this subdivision there shall
   13  be  a  presumption  that the operator of such vehicle was operating such
   14  vehicle with the consent of the owner at the time such  operator  failed
   15  to obey a traffic-control indication.
   16    (l)  Nothing in this section shall be construed to limit the liability
   17  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
   18  section eleven hundred eleven of this article.
   19    (m)  In any city OR COUNTY which adopts a demonstration program pursu-
   20  ant to subdivision (a) of this section, such city OR COUNTY shall submit
   21  an annual report on the results of the use of a  traffic-control  signal
   22  photo  violation-monitoring system to the governor, the temporary presi-
   23  dent of the senate and the speaker of the assembly  on  or  before  June
   24  first,  two  thousand seven and on the same date in each succeeding year
   25  in which the  demonstration  program  is  operable.  Such  report  shall
   26  include, but not be limited to:
   27    1.  a  description of the locations where traffic-control signal photo
   28  violation-monitoring systems were used;
   29    2. within SUCH COUNTY OR SUCH CITY OR each borough of such city WITH A
   30  POPULATION OVER ONE MILLION, the aggregate number, type and severity  of
   31  accidents reported at intersections where a traffic-control signal photo
   32  violation-monitoring system is used for the year preceding the installa-
   33  tion  of such system, to the extent the information is maintained by the
   34  department of motor vehicles of this state;
   35    3. within SUCH COUNTY OR SUCH CITY OR each borough of such city WITH A
   36  POPULATION OVER ONE MILLION, the aggregate number, type and severity  of
   37  accidents reported at intersections where a traffic-control signal photo
   38  violation-monitoring  system  is  used, to the extent the information is
   39  maintained by the department of motor vehicles of this state;
   40    4. the number of violations recorded  at  each  intersection  where  a
   41  traffic-control  signal photo violation-monitoring system is used and in
   42  the aggregate on a daily, weekly and monthly basis;
   43    5. the total number of notices  of  liability  issued  for  violations
   44  recorded by such systems;
   45    6.  the  number  of  fines  and total amount of fines paid after first
   46  notice of liability issued for violations recorded by such systems;
   47    7. the number of violations adjudicated and results  of  such  adjudi-
   48  cations   including  breakdowns  of  dispositions  made  for  violations
   49  recorded by such systems;
   50    8. the total amount of revenue realized by such city  OR  COUNTY  from
   51  such adjudications;
   52    9.  expenses  incurred  by  such city OR COUNTY in connection with the
   53  program; and
   54    10. quality of the adjudication process and its results.
   55    (n) It shall be a defense to any prosecution for a violation of subdi-
   56  vision (d) of section eleven hundred eleven of this article pursuant  to

       A. 10948                            6

    1  a  local  law  or  ordinance  adopted pursuant to this section that such
    2  traffic-control indications were  malfunctioning  at  the  time  of  the
    3  alleged violation.
    4    (O)  ANY  COUNTY WISHING TO ESTABLISH A DEMONSTRATION PROGRAM PURSUANT
    5  TO THE PROVISIONS OF THIS SECTION MAY DO SO BY ADOPTING  OR  AMENDING  A
    6  LOCAL  LAW  OR  ORDINANCE  AUTHORIZING  AND  ESTABLISHING  SUCH PROGRAM,
    7  ACCORDING TO THE FOLLOWING SCHEDULE:
    8    1. EFFECTIVE OCTOBER FIRST, TWO THOUSAND  EIGHT,  ANY  COUNTY  WITH  A
    9  POPULATION OF ONE MILLION OR MORE SHALL BE ELIGIBLE;
   10    2. EFFECTIVE JANUARY FIRST, TWO THOUSAND NINE, ANY COUNTY WITH A POPU-
   11  LATION OF FIVE HUNDRED THOUSAND OR MORE SHALL BE ELIGIBLE; AND
   12    3.  EFFECTIVE  JULY  FIRST, TWO THOUSAND NINE, ANY COUNTY OF ANY POPU-
   13  LATION SHALL BE ELIGIBLE;
   14    NO COUNTY SHALL OPERATE A TRAFFIC CONTROL SIGNAL PHOTO VIOLATION-MONI-
   15  TORING SYSTEM IMPOSING LIABILITY ON THE OWNER OF  A  VEHICLE  EXCEPT  AS
   16  PROVIDED IN THIS SECTION.
   17    (P)  ANY  COUNTY  ESTABLISHING A DEMONSTRATION PROGRAM PURSUANT TO THE
   18  PROVISIONS OF THIS SECTION MAY, UPON PRIOR APPROVAL OF THE  DIVISION  OF
   19  CRIMINAL JUSTICE SERVICES, ESTABLISH ITS OWN PROCESS FOR ADJUDICATION OF
   20  LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION.
   21    S  2.  This  act shall take effect immediately; provided, however, the
   22  amendments to section 1111-a of the vehicle  and  traffic  law  made  by
   23  section  one of this act shall not affect the repeal of such section and
   24  shall be deemed repealed therewith.