S T A T E O F N E W Y O R K
________________________________________________________________________
518--A
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sens. YOUNG, ADDABBO, AKSHAR, AVELLA, BONACIC, BOYLE,
FUNKE, MARCHIONE, MURPHY, O'MARA, PERALTA, RITCHIE, SAVINO, TEDISCO,
VALESKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Transportation -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the education 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; to amend the vehicle and traffic law and the
public officers law, in relation to owner liability for an operator
illegally overtaking or passing a school bus; and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "school bus camera safety act".
§ 2. Legislative intent. In the state of New York, 2.5 million chil-
dren ride school buses and public transportation to and from school each
day. The legislature recognizes that the safe transportation of children
to and from school is a shared responsibility of each school district
and the driving public. It is the intent of this legislature to author-
ize school districts to utilize school bus safety camera technology,
which will identify drivers who violate the law by passing a stopped
school bus with its red flashing signal lamps illuminated and stop arm
engaged.
§ 3. Section 375 of the vehicle and traffic law is amended by adding a
new subdivision 21-j to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00638-02-8
S. 518--A 2
21-J. SCHOOL BUSES OWNED OR CONTRACTED FOR BY A SCHOOL DISTRICT WHICH
HAS ADOPTED A RESOLUTION PROVIDING FOR THE INSTALLATION OF SCHOOL BUS
SAFETY CAMERAS, AS DEFINED IN SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF
THIS CHAPTER, MAY BE EQUIPPED WITH AND OPERATE SUCH CAMERAS. SCHOOL
DISTRICTS THAT, AT THE TIME OF ADOPTION OF SUCH A RESOLUTION, HAVE
ENTERED INTO A CONTRACT FOR TRANSPORTATION SERVICES, MAY, NOTWITHSTAND-
ING ANY OTHER PROVISION OF STATE LAW, RULE OR REGULATION, RENEGOTIATE
THE TERMS OF THEIR CURRENT TRANSPORTATION CONTRACT FOR THE PURPOSES OF
ALLOWING THE INSTALLATION OF SCHOOL BUS SAFETY CAMERAS. SCHOOL
DISTRICTS SHALL NOT BE REQUIRED TO TAKE SCHOOL BUSES OUT OF SERVICE IF
SUCH BUSES ARE NOT EQUIPPED WITH AUTOMATED SCHOOL BUS SAFETY CAMERAS OR
FUNCTIONAL AUTOMATED SAFETY CAMERAS.
SCHOOL DISTRICTS AND SCHOOL BUS TRANSPORTATION CONTRACTORS SHALL BE
HELD HARMLESS FROM AND NOT LIABLE FOR ANY CRIMINAL OR CIVIL LIABILITY
ARISING FROM THE OPERATION OF SCHOOL BUS SAFETY CAMERAS. THE COMMIS-
SIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE INSTALLATION OF
SCHOOL BUS SAFETY CAMERAS. A DESIGNATED VENDOR OR EMPLOYEE OF SUCH
VENDOR, POLICE OFFICER, OR DESIGNATED GOVERNING BODY EMPLOYEE SHALL NOT
BE LIABLE FOR ANY LOSS THAT OCCURS WHILE ACTING WITHIN THE SCOPE OF
THEIR EMPLOYMENT OR CONTRACTUAL ENGAGEMENT TO IMPLEMENT OR ENFORCE A
VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER.
§ 4. The vehicle and traffic law is amended by adding a new section
1174-a to read as follows:
§ 1174-A. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING
A SCHOOL BUS. (A) FOR THE PURPOSES OF THIS SECTION:
1. "SCHOOL BUS SAFETY CAMERA" MEANS AN AUTOMATED PHOTO MONITORING
DEVICE AFFIXED TO THE OUTSIDE OF A SCHOOL BUS AND DESIGNED TO DETECT AND
STORE VIDEOTAPE AND ONE OR MORE IMAGES OF MOTOR VEHICLES WHICH OVERTAKE
OR PASS SCHOOL BUSES IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
2. "OWNER" SHALL HAVE THE SAME MEANING PROVIDED IN ARTICLE TWO-B OF
THIS CHAPTER.
(B) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BOARD OF EDUCA-
TION OR OF TRUSTEES OF A SCHOOL DISTRICT IS HEREBY AUTHORIZED AND
EMPOWERED TO ADOPT A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPER-
ATION OF SCHOOL BUS SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR
CONTRACTED WITH SUCH DISTRICT. SCHOOL DISTRICTS SHALL NOT ACCESS THE
IMAGES FROM SUCH CAMERAS BUT SHALL PROVIDE, PURSUANT TO AN AGREEMENT
WITH THE APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES FOR THE PROPER
HANDLING AND CUSTODY OF SUCH IMAGES, FOR THE FORWARDING OF IMAGES FROM
SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE AREA
IN WHICH THE VIOLATION OCCURRED, FOR THE PURPOSE OF IMPOSING MONETARY
LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGALLY OVERTAKING OR
PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
2. IN SUCH SCHOOL DISTRICTS THAT HAVE ADOPTED A RESOLUTION AUTHORIZING
THE INSTALLATION OF SUCH SCHOOL BUS SAFETY CAMERAS, THE BOARD OF EDUCA-
TION OR OF TRUSTEES OF THE SCHOOL DISTRICT OR A SCHOOL BUS TRANSPORTA-
TION CONTRACTOR MAY, FURTHERMORE, ENTER INTO AN AGREEMENT WITH A PRIVATE
VENDOR FOR THE INSTALLATION, OPERATION, NOTICE PROCESSING AND ADMINIS-
TRATION, AND MAINTENANCE OF SCHOOL BUS SAFETY CAMERAS ON BUSES WITHIN
SUCH DISTRICT'S FLEET. SCHOOL BUS TRANSPORTATION CONTRACTORS ARE
EMPOWERED TO PURCHASE OR LEASE, THROUGH A PRIVATE VENDOR, SCHOOL BUS
SAFETY CAMERAS; PROVIDED, THAT ANY AGREEMENT BETWEEN A SCHOOL BUS TRANS-
PORTATION CONTRACTOR AND A PRIVATE CAMERA VENDOR SHALL STIPULATE THAT A
SCHOOL BUS TRANSPORTATION CONTRACTOR SHALL ONLY BE ALLOWED TO RECOUP
S. 518--A 3
EXPENSES INCURRED THROUGH THE INSTALLATION AND OPERATION OF A SCHOOL BUS
ARM CAMERA AND SHALL NOT ALLOW THE SCHOOL BUS TRANSPORTATION CONTRACTOR
TO CHARGE THE CAMERA VENDOR A FEE FOR THE INSTALLATION, OPERATION OR
MAINTENANCE OF SUCH CAMERAS, NOR RECEIVE ANY PORTION OF THE FINE FOR A
VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE. A
PRIVATE CAMERA VENDOR SHALL HAVE THE RIGHT TO RETAIN ANY SCHOOL BUS
SAFETY CAMERAS INSTALLED ON A SCHOOL BUS AFTER THE EXPIRATION OF THE
AGREEMENT WITH THE SCHOOL BUS TRANSPORTATION CONTRACTOR, UNLESS THE
EQUIPMENT WAS PURCHASED FROM THE VENDOR. PROVIDED, FURTHER, THAT ANY
AGREEMENT BETWEEN A SCHOOL BUS TRANSPORTATION CONTRACTOR AND A PRIVATE
CAMERA VENDOR SHALL STIPULATE THE NUMBER OF CAMERAS TO BE INSTALLED
SHALL NOT EXCEED THE TOTAL AMOUNT REQUESTED BY THE SCHOOL DISTRICT.
3. SUCH SCHOOL BUS SAFETY CAMERAS SHALL ONLY TAKE PHOTOGRAPHS AND
VIDEOTAPE OF MOTOR VEHICLES AND THEIR LICENSE PLATES THEREON, WHILE SUCH
VEHICLE IS OPERATED IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THIS ARTICLE. NO SUCH PHOTOGRAPH OR VIDEO SHALL
REVEAL ANY OCCUPANT OF A MOTOR VEHICLE. PROVIDED, HOWEVER, THAT NO
SIMPLIFIED TRAFFIC INFORMATION ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
TIFICATION OF THE OCCUPANTS AND/OR CONTENTS OF A MOTOR VEHICLE.
4. UPON ADOPTION OF A RESOLUTION BY A SCHOOL DISTRICT AS REQUIRED IN
SUBDIVISION TWENTY-ONE-J OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
CHAPTER, SUCH SCHOOL DISTRICT MAY ENTER INTO A MEMORANDUM OF UNDERSTAND-
ING WITH A LOCAL GOVERNING AUTHORITY TO ENABLE THE IMPLEMENTATION OF THE
PROVISIONS OF THIS SECTION. SUCH TRAFFIC VIOLATIONS BUREAU OR COURT
SHALL MAKE AVAILABLE TO SUCH SCHOOL DISTRICT THE ADJUDICATION DATA
REQUIRED BY PARAGRAPH SEVEN OF SUBDIVISION (L) OF THIS SECTION AS TO
ALLOW SUCH SCHOOL DISTRICT TO COMPLETE THE REPORT REQUIRED BY SUBDIVI-
SION (L) OF THIS SECTION IN A TIMELY MANNER. ANY INTERGOVERNMENTAL
AGREEMENT PURSUANT TO THIS PARAGRAPH SHALL INFORM SUCH TRAFFIC
VIOLATIONS BUREAU OR COURT OF THE REQUIREMENTS OF THIS SUBDIVISION AND
SHALL MAKE PROVISIONS REGARDING THE TRANSMITTAL OF SUCH REQUIRED INFOR-
MATION. SCHOOL DISTRICTS THAT ELECT TO PURCHASE SUCH CAMERAS SHALL BE
REIMBURSED FOR THE COST OF SUCH CAMERAS OUT OF THE NET PROCEEDS, AFTER
THE EXPENSES OF ADMINISTRATION. REIMBURSEMENT FOR THE COST OF SUCH
CAMERAS SHALL NOT BE CONSIDERED GENERATING INCOME.
(C) IN ANY SCHOOL DISTRICT IN WHICH SCHOOL BUS SAFETY CAMERAS ARE
INSTALLED AND OPERATED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, THE
OWNER OF A MOTOR VEHICLE, UPON ISSUANCE OF A SIMPLIFIED TRAFFIC INFORMA-
TION BY A POLICE OFFICER, SHALL BE LIABLE FOR A CIVIL PENALTY OF TWO
HUNDRED FIFTY DOLLARS IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDIVISION
(A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A SCHOOL BUS SAFETY
CAMERA; 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 SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
PROVIDED, FURTHER, THAT THE NET PROCEEDS OF ANY PENALTY, AFTER THE
EXPENSES OF ADMINISTRATION AND OPERATING COSTS OF THE CAMERAS, COLLECTED
BY A TRAFFIC VIOLATIONS BUREAU OR COURT PURSUANT TO THIS SECTION SHALL
BE EXPENDED FOR PROGRAMS RELATED TO IMPROVING TRAFFIC SAFETY AND/OR
SCHOOL DISTRICT SAFETY IN THE MUNICIPALITY IN WHICH THE VIOLATION
OCCURRED. SCHOOL DISTRICTS ARE AUTHORIZED TO ACCEPT GRANTS FROM MUNICI-
PALITIES FOR THE IMPLEMENTATION OF THIS SECTION. SCHOOL DISTRICTS MAY
ALLOW FOR A WARNING PERIOD OF UP TO TWENTY-ONE DAYS FROM THE TIME THE
S. 518--A 4
FIRST SCHOOL BUS SAFETY CAMERAS ARE INSTALLED IN THE DISTRICT BEFORE
MONETARY PENALTIES ARE IMPOSED ON VIOLATIONS OCCURRING FROM SUCH
CAMERAS.
(D) A SCHOOL DISTRICT OR SCHOOL BUS CAMERA VENDOR SHALL FORWARD OR
CAUSE TO BE FORWARDED, THE IMAGES AND VIDEOTAPE FROM ITS SCHOOL BUS
SAFETY CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE
AREA WHERE THE VIOLATION OCCURRED. A SCHOOL BUS CONTRACTOR MAY NOT PROC-
ESS A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
AFTER RECEIPT OF SUCH IMAGES, A POLICE OFFICER SHALL INSPECT SUCH VIDE-
OTAPE AND IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE WAS COMMITTED,
PROVIDED THAT SUCH VIDEOTAPE AND ONE OR MORE IMAGES MUST DISPLAY A RED
VISUAL SIGNAL AS SPECIFIED IN SUBDIVISION TWENTY OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THIS CHAPTER. IF SUCH POLICE OFFICER FINDS THAT
SUCH A VIOLATION OCCURRED, HE OR SHE SHALL ISSUE A SIMPLIFIED TRAFFIC
INFORMATION ALLEGING THE VIOLATION, AND SUCH INFORMATION WITH A COPY OF
THE PHOTOGRAPHIC IMAGE OF THE VIOLATION SHALL BE MAILED TO THE OWNER OF
THE MOTOR VEHICLE BY FIRST CLASS MAIL WITHIN THIRTY DAYS OF THE ALLEGED
VIOLATION. THE VIDEOTAPE AND IMAGES PRODUCED BY A SCHOOL BUS SAFETY
CAMERA SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ALL
PHOTOGRAPHIC IMAGES OF MOTOR VEHICLES WHICH DO NOT DEPICT OR RESULT IN
LIABILITY FOR VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS ARTICLE SHALL BE DESTROYED BY THE APPROPRIATE
SCHOOL DISTRICT AND LAW ENFORCEMENT AGENCY WITHIN TWO DAYS.
(E) AN IMPOSITION OF LIABILITY 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 VEHI-
CLE INSURANCE COVERAGE.
(F) 1. A SIMPLIFIED TRAFFIC INFORMATION AND THE PHOTOGRAPHIC IMAGE OF
THE ALLEGED VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON
ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS
SECTION WITHIN THIRTY DAYS IF SUCH OWNER IS A RESIDENT OF THIS STATE AND
WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH OWNER IS A NON-RESIDENT,
PROVIDED THAT A WARNING NOTICE AND NOT A SIMPLIFIED TRAFFIC INFORMATION
SHALL BE SENT IF SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED
FROM A SCHOOL BUS SAFETY CAMERA THAT HAS BEEN OPERATIONAL BUT INACTIVE
FOR A PERIOD DETERMINED BY THE SCHOOL DISTRICT. 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 SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN THE NAME AND ADDRESS
OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSU-
ANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN
SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING
GLOBAL POSITIONING SYSTEM COORDINATES, THE DATE AND TIME OF SUCH
VIOLATION AND THE IDENTIFICATION NUMBER OF THE SCHOOL BUS SAFETY CAMERA
WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN INFORMATION ADVIS-
ING THE PERSON CHARGED OF THE MANNER, THE TIME, THE PLACE AND THE COURT
OR ADMINISTRATIVE BODY IN WHICH HE OR SHE MAY CONTEST THE LIABILITY
ALLEGED IN THE SIMPLIFIED TRAFFIC INFORMATION. SUCH SIMPLIFIED TRAFFIC
INFORMATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO ANSWER IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
S. 518--A 5
AN ADMISSION OF LIABILITY AND THAT HE OR SHE SHALL BE LIABLE FOR FAILURE
TO RESPOND TO A SUMMONS.
(G) 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.
(H) IF AN OWNER RECEIVES A SIMPLIFIED TRAFFIC INFORMATION PURSUANT TO
THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, IT
SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION
OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTI-
CLE PURSUANT TO THIS SECTION 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 SUBDIVISION 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 OR
PARKING VIOLATIONS BUREAU.
(I) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A SIMPLIFIED TRAF-
FIC INFORMATION WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE
FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-
FOUR OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE 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 COURT OF THE DATE AND TIME OF SUCH VIOLATION,
TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL SIMPLIFIED
TRAFFIC INFORMATION. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-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 OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A SIMPLIFIED
TRAFFIC INFORMATION PURSUANT TO THIS SECTION.
(J) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
(K) THE SCHOOL BUS SAFETY CAMERAS INSTALLED AND OPERATED PURSUANT TO
THIS SECTION SHALL BE USED SOLELY FOR THE PURPOSES OF CARRYING OUT
PHOTO-MONITORING AND VIDEOTAPING OF VIOLATIONS OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
(L) IN ANY SUCH SCHOOL DISTRICT WHICH ADOPTS A RESOLUTION PURSUANT TO
SUBDIVISION (B) OF THIS SECTION, SUCH SCHOOL DISTRICT SHALL, TO THE
EXTENT THAT SUCH INFORMATION IS AVAILABLE TO IT, SUBMIT AN ANNUAL REPORT
ON THE RESULTS OF THE USE OF A SCHOOL BUS SAFETY CAMERA PROGRAM TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND NINETEEN AND ON OR
BEFORE SUCH DATE IN EACH SUCCEEDING YEAR IN WHICH THE PROGRAM IS OPERA-
BLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE ROUTES WHERE SCHOOL BUS SAFETY CAMERAS WERE
USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS CAUSED BY
PASSING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR
OF THIS ARTICLE PROVIDED, HOWEVER, THE SCHOOL DISTRICT MAINTAINS SUCH
INFORMATION;
S. 518--A 6
3. THE NUMBER OF VIOLATIONS RECORDED FOR EACH SCHOOL BUS SAFETY CAMERA
AND IN THE AGGREGATE ON A MONTHLY BASIS;
4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS OF
THIS SECTION;
5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY;
6. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR VIOLATIONS RECORDED
BY SUCH SYSTEMS;
7. THE TOTAL AMOUNT OF REVENUE REALIZED FROM ADJUDICATIONS;
8. EXPENSES INCURRED IN CONNECTION WITH THIS PROGRAM BY SUCH SCHOOL
DISTRICT OR PRIVATE BUS CONTRACTOR PROVIDING TRANSPORTATION SERVICES FOR
THE SCHOOL DISTRICT;
9. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
10. A DESCRIPTION OF PUBLIC EDUCATION ACTIVITIES CONDUCTED TO WARN
MOTORISTS OF THE DANGERS OF PASSING A SCHOOL BUS.
(M) NO OWNER OR OPERATOR OF A MOTOR VEHICLE, WHO HAS BEEN CHARGED WITH
A VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
THIS ARTICLE IN A SIMPLIFIED TRAFFIC INFORMATION, SHALL BE DEEMED TO
HAVE ANY LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
§ 5. Section 3621 of the education law is amended by adding a new
subdivision 16 to read as follows:
16. "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITOR-
ING DEVICE AUTHORIZED TO BE INSTALLED AND OPERATED ON THE OUTSIDE OF A
SCHOOL BUS PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THE
VEHICLE AND TRAFFIC LAW.
§ 6. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended to read
as follows:
c. The purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, (IX) THE PURCHASE OF SCHOOL BUS
SAFETY CAMERAS, and [(ix)] (X) the purchase of other equipment as
prescribed in the regulations of the commissioner; and
§ 7. Subdivision 3 and paragraph a of subdivision 4 of section 227 of
the vehicle and traffic law, subdivision 3 as amended by chapter 337 of
the laws of 1970 and renumbered by chapter 288 of the laws of 1989 and
paragraph a of subdivision 4 as amended by section 7 of part J of chap-
ter 62 of the laws of 2003, are amended to read as follows:
3. After due consideration of the evidence and arguments offered in a
contested case, the hearing officer shall determine whether the charges
have been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
TO ARTICLE TWENTY-NINE OF THIS CHAPTER, IT SHALL BE A COMPLETE DEFENSE
TO SUCH CHARGE THAT A VEHICLE ALLEGED TO BE IN VIOLATION WAS OPERATED
WITHOUT THE PERMISSION OF SUCH OWNER OR HIS OR HER AGENT AND THE ESTAB-
LISHMENT OF LACK OF PERMISSION SHALL RESULT IN AN ORDER DISMISSING SUCH
CHARGE AGAINST SUCH OWNER. Where the charges have not been established,
S. 518--A 7
an order dismissing the charges shall be entered. Where a determination
is made that a charge has been established, either in a contested case
or in an uncontested case where there is an appearance before a hearing
officer, or if an answer admitting the charge otherwise has been
received, an appropriate order shall be entered in the department's
records.
a. An order entered upon the failure to answer or appear or after the
receipt of an answer admitting the charge or where a determination is
made that the charge has been established shall be civil in nature, but
shall be treated as a conviction for the purposes of this chapter. The
commissioner or his OR HER designee may include in such order an imposi-
tion of any penalty authorized by any provision of this chapter for a
conviction of such violation, except that no penalty [therefore] THERE-
FOR shall include imprisonment, nor, if monetary, exceed the amount of
the fine which could have been imposed had the charge been heard by a
court. The driver's license or privileges, or, if the charge involves a
violation of section three hundred eighty-five or section four hundred
one of this chapter by a registrant who was not the operator of the
vehicle, the registration of such vehicle or privilege of operation of
any motor vehicle owned by such registrant may be suspended pending the
payment of any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER
CHARGED AS SUCH PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR
PRIVILEGE SHALL NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER
THAN AS SUSPENSION THEREOF FOR FAILURE TO APPEAR OR PAY AS SET FORTH IN
THIS ARTICLE, NOR SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS SUCH
RESULT IN DEPARTMENTAL ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER
DRIVER'S LICENSE OR PRIVILEGE. Any suspension issued pursuant to this
paragraph shall be subject to the provisions of paragraph (j-1) of
subdivision two of section five hundred three of this chapter.
§ 8. 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-
FOUR-A OF THE VEHICLE AND TRAFFIC LAW. ANY SCHOOL DISTRICT THAT ADOPTS
A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPERATION OF SCHOOL BUS
SAFETY CAMERAS UPON SCHOOL BUSES OPERATED BY OR CONTRACTED WITH SUCH
DISTRICT PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THE VEHI-
CLE AND TRAFFIC LAW SHALL NOTIFY ITS RESIDENTS THROUGH ADOPTED PROCE-
DURES ABOUT SUCH INSTALLATION AND OPERATION BEFORE ANY SIMPLIFIED TRAF-
FIC INFORMATION ISSUED BASED ON EVIDENCE OBTAINED BY SUCH SCHOOL BUS
SAFETY CAMERAS.
§ 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; except that sections
four and five of this act shall take effect on the first of April next
succeeding the effective date of this act. The provisions of this act
shall expire and be deemed repealed September 1, 2024.
