S T A T E O F N E W Y O R K
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5238--A
Cal. No. 653
2015-2016 Regular Sessions
I N S E N A T E
May 8, 2015
___________
Introduced by Sens. MURPHY, CARLUCCI, LARKIN -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation -- recommitted to the Committee on Transportation in accord-
ance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to authorizing local authorities to establish demon-
stration programs, implementing railroad grade crossing monitoring
systems by means of photo devices
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 135-a to read as follows:
S 135-A. RAILROAD GRADE CROSSING. A LOCATION WHERE RAILROAD TRACKS
INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROADWAY OR SIDEWALK.
S 2. The vehicle and traffic law is amended by adding a new section
1170-a to read as follows:
S 1170-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO OBEY SIGNAL INDI-
CATING APPROACH OF TRAIN. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY LOCAL AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION ELEVEN HUNDRED SEVENTY
OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER A LOCAL
AUTHORITY TO INSTALL AND OPERATE RAILROAD GRADE CROSSING PHOTO VIOLA-
TION-MONITORING DEVICES AT ANY RAILROAD SIGN OR SIGNAL.
2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10847-05-6
S. 5238--A 2
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 LOCAL AUTHORITY HAS MADE A REASONABLE EFFORT TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) WITHIN THE JURISDICTION OF ANY SUCH LOCAL AUTHORITY WHICH HAS
ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION 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
SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE, AND SUCH VIOLATION IS
EVIDENCED BY INFORMATION OBTAINED FROM A RAILROAD GRADE CROSSING PHOTO
VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
CLE 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 SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A RAILROAD SIGN OR
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY OF THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE LOCAL AUTHORITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD GRADE
CROSSING PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
GRAPHS, 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, ORDINANCE OR
RESOLUTION ADOPTED PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY
OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN
ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE ESTABLISHED IN
SUCH LOCAL LAW, ORDINANCE OR RESOLUTION. THE LIABILITY OF THE OWNER
PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS FOR EACH
VIOLATION; PROVIDED, HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE
FOR AN ADDITIONAL PENALTY OF NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED PERIOD OF TIME.
(F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR RESOL-
UTION ADOPTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION
AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 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 OF SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION. 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.
S. 5238--A 3
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
EN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGIS-
TRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR
OTHER DOCUMENT LOCATOR NUMBER.
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 PERSON CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE LOCAL
AUTHORITY, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH LOCAL AUTHORITY TO
PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,
EXCEPT THAT IF SUCH LOCAL AUTHORITY HAS ESTABLISHED AN ADMINISTRATIVE
TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
TUTING PARKING, STANDING OR STOPPING VIOLATIONS SUCH LOCAL AUTHORITY
MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDICATION BY SUCH TRIBUNAL.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
LAW ENFORCEMENT AGENCY AS HAVING BEEN STOLEN, IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE VEHI-
CLE 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 SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF A POLICE REPORT ON THE STOLEN VEHICLE BE
SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDICTION OR PARKING
VIOLATIONS BUREAU.
(J) 1. IN SUCH LOCAL AUTHORITY WHERE THE ADJUDICATION OF LIABILITY
IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY A COURT HAVING JURIS-
DICTION, 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 SECTION ELEVEN HUNDRED SEVENTY OF
THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING JURIS-
DICTION 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 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
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 SECTION
ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
2. (I) IN SUCH LOCAL AUTHORITY WHICH HAS AUTHORIZED THE ADJUDICATION
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
S. 5238--A 4
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF
THIS ARTICLE, PROVIDED THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(III) 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 SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY OF THIS ARTICLE 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.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
RAILROAD SIGN OR SIGNAL INDICATING THE APPROACH OF A TRAIN. FOR
PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER-
ATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A RAILROAD SIGN OR SIGNAL
INDICATING THE APPROACH OF A TRAIN.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY OF THIS ARTICLE.
(M) IN ANY SUCH LOCAL AUTHORITY WHICH ADOPTS A DEMONSTRATION PROGRAM
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH LOCAL AUTHORITY SHALL
SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF A RAILROAD GRADE
CROSSING PHOTO VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR
BEFORE JUNE FIRST, TWO THOUSAND EIGHTEEN 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 RAILROAD GRADE CROSSING PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING 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;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
S. 5238--A 5
SYSTEM IS USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT;
4. THE NUMBER OF VIOLATIONS RECORDED AT EACH INTERSECTION WHERE A
RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
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 LOCAL AUTHORITY FROM
SUCH ADJUDICATIONS;
9. EXPENSES INCURRED BY SUCH LOCAL AUTHORITY IN CONNECTION WITH THE
PROGRAM; AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF
SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO A LOCAL LAW
OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT THE RAILROAD SIGNAL
INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
S 3. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
(P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-A
OF THE VEHICLE AND TRAFFIC LAW.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.
