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

                                   479

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to authorizing
  the imposition of monetary penalties upon  a  registered  owner  of  a
  motor vehicle engaged in excessive hornhonking

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1106 to read as follows:
  S  1106.  OWNER  LIABILITY  FOR FAILURE OF OPERATOR TO COMPLY WITH ANY
PROVISION OF LOCAL LAW REGARDING EXCESSIVE NOISE OCCASIONED BY HORNHONK-
ING.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY  WITH  A
POPULATION  OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY  ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
ANY PROVISION OF LOCAL LAW REGARDING EXCESSIVE NOISE OCCASIONED BY HORN-
HONKING.
  (B) IN ANY CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSUANT TO
SUBDIVISION  (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE
FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS  USED
OR  OPERATED  WITH  THE  PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN
VIOLATION OF ANY  PROVISION  RELATING  THERETO  AND  SUCH  VIOLATION  IS
EVIDENCED  BY  INFORMATION OBTAINED BY A POLICE OFFICER ACTIVELY ENGAGED
IN TRAFFIC CONTROL AND UNDER CIRCUMSTANCES WHERE SUCH OFFICER ELECTS  TO
UTILIZE  THE PROVISIONS OF THIS SECTION IN LIEU OF PERSONAL SERVICE OF A
SUMMONS UPON AN OPERATOR.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER.
  (D)  AN  OWNER LIABLE FOR A VIOLATION PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00427-01-9

A. 479                              2

PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH  IN  SUCH  LOCAL LAW OR ORDINANCE, EXCEPT THAT IN A CITY WHICH, BY
LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY AN
ENVIRONMENTAL  CONTROL BOARD, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH
BOARD.
  (E) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN  OWNER  FOR  A  VIOLATION.    PERSONAL
DELIVERY  ON  THE  OWNER  SHALL NOT BE REQUIRED.   A MANUAL OR AUTOMATIC
RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS  SHALL  BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION,  THE  REGISTRA-
TION  NUMBER  OF  THE  VEHICLE  INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH  VIOLATION  TOOK  PLACE,  AND  THE  DATE  AND  TIME  OF  SUCH
VIOLATION.
  3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE.   SUCH NOTICE  OF  LIABILITY  SHALL
ALSO  CONTAIN  A  WARNING  TO ADVISE THE PERSONS CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION  OF
LIABILITY AND THAT A DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
  4.  THE  NOTICE  OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY
HAVING JURISDICTION WHERE THE VIOLATION OCCURRED, OR BY ANY OTHER ENTITY
AUTHORIZED BY  THE  CITY  TO  PREPARE  AND  MAIL  SUCH  NOTIFICATION  OF
VIOLATION.
  (F)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
AN  ALLEGATION  OF  LIABILITY  FOR A VIOLATION THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE  AS  STOLEN  PRIOR  TO  THE  TIME  THE  VIOLATION
OCCURRED  AND  HAD  NOT  BEEN  RECOVERED  BY  SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SECTION IT  SHALL  BE  SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
BY  FIRST  CLASS  MAIL  TO  THE  TRAFFIC VIOLATIONS BUREAU, COURT HAVING
JURISDICTION, PARKING VIOLATIONS BUREAU OR ENVIRONMENTAL CONTROL BOARD.
  (G) IN A CITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON  OWNERS
PURSUANT  TO  THIS  SECTION  IS BY A TRAFFIC VIOLATIONS BUREAU, ENVIRON-
MENTAL CONTROL BOARD OR A COURT HAVING JURISDICTION, AN OWNER WHO  IS  A
LESSOR  PURSUANT TO SUBDIVISION (E) OF THIS SECTION SHALL NOT BE LIABLE,
PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC VIOLATIONS BUREAU, ENVIRON-
MENTAL CONTROL BOARD OR COURT HAVING JURISDICTION A COPY OF THE  RENTAL,
LEASE  OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY  LEGI-
BLE,  WITHIN  THIRTY-SEVEN  DAYS AFTER RECEIVING NOTICE FROM THE BUREAU,
BOARD OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE
OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE
TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD  SHALL
RENDER  THE  OWNER  LIABLE  FOR  THE PENALTY PRESCRIBED BY THIS SECTION.
WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS  SUBDIVISION,  THE
LESSEE  OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
BE THE OWNER OF SUCH VEHICLE FOR PURPOSES  OF  THIS  SECTION,  SHALL  BE
SUBJECT  TO  LIABILITY  FOR  THE VIOLATION AND SHALL BE SENT A NOTICE OF
LIABILITY PURSUANT TO SUBDIVISION (E) OF THIS SECTION.
  (H) IF THE OWNER LIABLE FOR A VIOLATION PURSUANT TO THIS  SECTION  WAS
NOT  THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.

A. 479                              3

  (I) A CERTIFICATE, SWORN TO OR AFFIRMED BY A POLICE  OFFICER  EMPLOYED
BY  THE  CITY  IN  WHICH  THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE
THEREOF, BASED UPON SUCH OFFICER'S PERSONAL OBSERVATIONS, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  (J)  THE  PROVISIONS  OF  THIS SECTION SHALL BE CONTROLLING INSOFAR AS
THEY ARE INCONSISTENT WITH ANY PROVISION OF LAW RELATING TO  SERVICE  OF
AN  APPEARANCE  TICKET  UPON  A  PERSON  FOR AN ALLEGED VIOLATION OF LAW
RELATING TO THE OPERATION OF A MOTOR VEHICLE.
  S 2. This act shall take effect immediately.