NY State Senate Bill 2009-S2704

Senate Bill S2704

2009-2010 Legislative Session

Authorizes the county of Suffolk to establish a demonstration program to monitor compliance with traffic control indications

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Feb 26, 2009	referred to transportation

2009-S2704 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-a, V & T L

2009-S2704 (ACTIVE) - Summary

Authorizes the county of Suffolk to establish a demonstration program to monitor compliance with traffic control indications; provides such county may impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic control indications.

2009-S2704 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2704

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
establishing a demonstration program imposing monetary liability on
the owner of a vehicle for failure of an operator thereof to comply
with traffic control indications in Suffolk county


 PURPOSE/SUMMARY OF PROVISIONS :

The bill authorizes Suffolk County to adopt a local law to implement a
program to install photo violation-monitoring devices at up to fifty
intersections, and impose monetary liability of up to fifty dollars on
the owners of vehicles failing to comply with traffic-control signals.
The bill sets forth provisions for service of the notices of
liability; requiring certain information to appear on such notice,
including the manner and time for contesting the alleged liability, a
warning that failure to contest is deemed an admission of liability
and notice that a default judgment could be entered for such failure.
Courts with jurisdiction over traffic infractions would adjudicate
violations. No liability could be imposed against owners who did not
give their consent to the operation of their vehicle, but there would
be a statutory presumption that vehicles were operated with the
owners' consent. It also establishes a defense that traffic control

indications were malfunctioning at the time of the alleged violation.

The bill contains provisions under which lessors and rental companies
would not held liable for violations, authorizes vehicle owners to
maintain actions for indemnification against operators, and requires
the submission of an annual program report to the Legislature and
Governor.

 JUSTIFICATION :

Aggressive driving, including running red lights, is a significant
reason for a reported increase in the percentage of fatalities
occurring at intersections as noted by the Insurance Institute for
Highway Safety. Red light running accidents are often the worst type
of accident; they often involve speed and right-angle impacts, which
can lead to the most severe injuries. Many cities in the united States
already have operational photo enforcement for catching red light
runners, including Beverly Hills, Los Angeles, Sacramento, San Diego,
San Francisco, Boulder (Colorado), Baltimore, Charlotte, Alexandria
and Arlington (Virginia), and Washington, D.C. Photo enforcement of
red light violators has been found to be an effective enforcement tool
in reducing red light running, and in making intersections safer.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Minimal cost to the State; equipment and operational costs for Suffolk
County would be covered by fines imposed for violations.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the amendments
to section 1111-a of the Vehicle and Traffic Law shall not affect the
repeal of such section and shall be deemed repealed therewith.

2009-S2704 (ACTIVE) - Bill Text download pdf

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

                                  2704

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  a demonstration program imposing monetary liability on the owner of  a
  vehicle  for  failure  of  an  operator thereof to comply with traffic
  control indications in Suffolk county

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

  Section  1.  Paragraph  2  of subdivision (a) of section 1111-a of the
vehicle and traffic law, as added by chapter 658 of the laws of 2006, is
amended and a new paragraph 3 is added to read as follows:
  2. Such demonstration program shall utilize necessary technologies  to
ensure,  to  the  extent  practicable, that photographs produced by such
traffic-control signal  photo  violation-monitoring  systems  shall  not
include images that identify the driver, the passengers, or the contents
of  the  vehicle.  Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a  photograph
or  photographs  allow for the identification of the contents of a vehi-
cle, provided that such city OR COUNTY has made a reasonable  effort  to
comply with the provisions of this paragraph.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE COUNTY OF SUFFOLK
IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND  A  LOCAL  LAW  OR
ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL-
ITY  ON  THE  OWNER  OF  A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO
COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN  SUCH  COUNTY  IN  ACCORDANCE
WITH  THE  PROVISIONS  OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL
EMPOWER A COUNTY TO INSTALL AND  OPERATE  TRAFFIC-CONTROL  SIGNAL  PHOTO
VIOLATION-MONITORING  DEVICES AT NO MORE THAN FIFTY INTERSECTIONS WITHIN
SUCH COUNTY AT ANY ONE TIME.
  S 2. Subdivisions (b), (d) and (e) of section 1111-a  of  the  vehicle
and  traffic  law, subdivisions (b) and (d) as amended by chapter 658 of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04573-01-9

S. 2704                             2

the laws of 2006 and subdivision (e) as amended by chapter  479  of  the
laws of 1994, are amended to read as follows:
  (b)  In  any city OR COUNTY 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 subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced  by  information
obtained   from  a  traffic-control  signal  photo  violation-monitoring
system; provided however that no owner of a vehicle shall be liable  for
a  penalty  imposed  pursuant to this section where the operator of such
vehicle has been convicted of the underlying  violation  of  subdivision
(d) of section eleven hundred eleven of this article.
  (d)  A  certificate,  sworn to or affirmed by a technician employed by
the city OR COUNTY in which the charged violation occurred, or a facsim-
ile thereof, based upon  inspection  of  photographs,  microphotographs,
videotape  or other recorded images produced by a traffic-control signal
photo violation-monitoring system, shall be prima facie evidence of  the
facts contained therein. Any photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall be available for
inspection  in  any  proceeding  to  adjudicate  the  liability for such
violation pursuant to a local law or ordinance adopted pursuant to  this
section.
  (e)  An  owner  liable  for  a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law  or  ordi-
nance  adopted  pursuant  to  this  section shall be liable for monetary
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  OR  COUNTY
which,  by  local  law,  has  authorized  the adjudication of such owner
liability by a parking violations bureau, such schedule shall be promul-
gated by such bureau.   The liability of  the  owner  pursuant  to  this
section  shall  not  exceed  fifty dollars for each violation; provided,
however, that such local law or ordinance may provide for an  additional
penalty  not in excess of twenty-five dollars for each violation for the
failure to respond to a notice of liability within the  prescribed  time
period.
  S  3.  Paragraph 4 of subdivision (g) of section 1111-a of the vehicle
and traffic law, as added by chapter 746 of the laws of 1988, is amended
to read as follows:
  4. The notice of liability shall be prepared and mailed by the city OR
COUNTY having jurisdiction over the  intersection  where  the  violation
occurred,  or  by  any  other entity authorized by the city OR COUNTY to
prepare and mail such notification of violation.
  S 4. Subdivision (h) of section 1111-a of the vehicle and traffic law,
as added by chapter 746 of the laws of  1988,  is  amended  to  read  as
follows:
  (h)  Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to  section
three hundred seventy of the general municipal law or, if there be none,
by  the  court having jurisdiction over traffic infractions, except that
any city OR COUNTY which has established an administrative  tribunal  to
hear  and determine complaints of traffic infractions constituting park-
ing, standing or stopping violations may, by local law,  authorize  such
adjudication by such tribunal.
  S  5.  Paragraph  1  and  the opening paragraph of subparagraph (i) of
paragraph 2 of subdivision (j) of section  1111-a  of  the  vehicle  and

S. 2704                             3

traffic law, as added by chapter 746 of the laws of 1988, are amended to
read as follows:
  1.  In  a  city  OR COUNTY where the adjudication of liability imposed
upon owners pursuant to this section is by a traffic  violations  bureau
or a court having jurisdiction, an owner who is a lessor of a vehicle to
which  a  notice  of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he  or  she
sends  to  the  traffic violations bureau 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 legible, within thirty-seven days after receiving  notice
from the bureau or court of the date and time of such violation, togeth-
er  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
paragraph, 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 of  subdivision
(d)  of  section  eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to  subdivision
(g) of this section.
  In  a  city  OR COUNTY which, by local law, has authorized the adjudi-
cation of liability imposed upon owners by this  section  by  a  parking
violations  bureau,  an  owner  who  is a lessor of a vehicle to which a
notice of liability was issued  pursuant  to  subdivision  (g)  of  this
section  shall  not  be  liable  for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
  S 6. Subdivision (m) of section 1111-a of the vehicle and traffic law,
as amended by chapter 658 of the laws of 2006, is  amended  to  read  as
follows:
  (m)  In any city OR COUNTY which adopts a demonstration program pursu-
ant to subdivision (a) of this section, such city OR COUNTY shall submit
an annual report on the results of the use of a  traffic-control  signal
photo  violation-monitoring system to the governor, the temporary presi-
dent of the senate and the speaker of the assembly  on  or  before  June
first,  two  thousand seven and on the same date in each succeeding year
in which the  demonstration  program  is  operable.  Such  report  shall
include, but not be limited to:
  1.  a  description of the locations where traffic-control signal photo
violation-monitoring systems were used;
  2. within each borough of such city OR WITHIN EACH COUNTY, the  aggre-
gate  number,  type  and severity of accidents reported at intersections
where a traffic-control signal photo violation-monitoring system is used
for the year preceding the installation of such system,  to  the  extent
the  information  is  maintained  by the department of motor vehicles of
this state;
  3. within each borough of such city OR WITHIN EACH COUNTY, the  aggre-
gate  number,  type  and severity of accidents reported at intersections
where a traffic-control  signal  photo  violation-monitoring  system  is
used,  to  the extent the information is maintained by the department of
motor vehicles of this state;
  4. the number of violations recorded  at  each  intersection  where  a
traffic-control  signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;

S. 2704                             4

  5. the total number of notices  of  liability  issued  for  violations
recorded by such systems;
  6.  the  number  of  fines  and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
  7. the number of violations adjudicated and results  of  such  adjudi-
cations   including  breakdowns  of  dispositions  made  for  violations
recorded by such systems;
  8. the total amount of revenue realized by such city  OR  COUNTY  from
such adjudications;
  9.  expenses  incurred  by  such city OR COUNTY in connection with the
program; and
  10. quality of the adjudication process and its results.
  S 7. This act shall take effect immediately,  provided,  however,  the
amendments to section 1111-a of the vehicle and traffic law made by this
act  shall  not  affect  the  repeal of such section and shall be deemed
repealed therewith.

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