S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10223
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to establishing  a  demonstration  program  on  interstate
   route  278  in  Kings  county to enforce vehicle weight restriction on
   such interstate by means of  mobile  or  stationary  weigh  in  motion
   systems;  and providing for the repeal of such provisions upon expira-
   tion thereof
 
   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 385-a to read as follows:
   § 385-A. OWNER LIABILITY FOR VIOLATION OF CERTAIN WEIGHT  RESTRICTIONS
 ON  INTERSTATE  ROUTE  278  IN  KINGS  COUNTY.   1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B  OF  THIS
 CHAPTER.
   (B)  "VEHICLE  WEIGHT  RESTRICTIONS"  SHALL MEAN AXLE WEIGHT AND GROSS
 VEHICLE WEIGHT RESTRICTIONS ESTABLISHED BY SECTION THREE HUNDRED  EIGHT-
 Y-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION
 OF  THE  CITY  OF  NEW  YORK,  OF  A VEHICLE OTHER THAN ONE OPERATING IN
 ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT.
   (C) "WEIGH IN MOTION SYSTEM" SHALL MEAN SENSORS INSTALLED TO  WORK  IN
 CONJUNCTION  WITH  OTHER DEVICES DESIGNED TO CAPTURE AND RECORD THE AXLE
 WEIGHT AND GROSS VEHICLE WEIGHT OF A VEHICLE, WHICH SENSORS ARE  CAPABLE
 OF  OPERATING  INDEPENDENTLY  OF AN ENFORCEMENT OFFICER, AND CAN PRODUCE
 ONE OR MORE IMAGES OF EACH SUCH VEHICLE AT THE TIME IT IS  IN  VIOLATION
 OF VEHICLE WEIGHT RESTRICTIONS.
   (D)  "WEIGH  IN  MOTION  SYSTEM  PROGRAM"  SHALL  MEAN A DEMONSTRATION
 PROGRAM ESTABLISHED BY THIS SECTION THAT OPERATES EXCLUSIVELY ON  INTER-
 STATE ROUTE 278 IN KINGS COUNTY WITHIN THE CITY OF NEW YORK.
   2.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE CITY OF NEW
 YORK IS HEREBY AUTHORIZED AND EMPOWERED  TO  ESTABLISH  A  DEMONSTRATION
 WEIGH  IN  MOTION SYSTEM PROGRAM ON INTERSTATE ROUTE 278 IN KINGS COUNTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16035-01-0

 A. 10223                            2
 
 FOR THE ENFORCEMENT OF VEHICLE WEIGHT RESTRICTIONS. SUCH  PROGRAM  SHALL
 IMPOSE  MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF SUCH
 VEHICLE TO  COMPLY  WITH  VEHICLE  WEIGHT  RESTRICTIONS  ESTABLISHED  BY
 SECTION  THREE  HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE
 DEPARTMENT OF TRANSPORTATION OF SUCH CITY WHEN OPERATED ON  SUCH  INTER-
 STATE.  THE  NEW YORK CITY DEPARTMENT OF TRANSPORTATION, FOR PURPOSES OF
 THE IMPLEMENTATION OF SUCH PROGRAM, SHALL INSTALL AND OPERATE  WEIGH  IN
 MOTION  SYSTEMS ON INTERSTATE ROUTE 278 IN SUCH COUNTY. SUCH SYSTEMS MAY
 BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT  LOCATIONS  DETERMINED
 BY SUCH DEPARTMENT.
   (B) THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION SHALL ENTER INTO A
 MEMORANDUM  OF  UNDERSTANDING TOGETHER WITH THE NEW YORK CITY DEPARTMENT
 OF TRANSPORTATION FOR THE PURPOSES OF COORDINATING THE PLANNING, DESIGN,
 INSTALLATION, CONSTRUCTION AND MAINTENANCE OF THE WEIGH IN MOTION SYSTEM
 PROGRAM. SUCH MEMORANDUM SHALL ADDRESS THE USE OF SYSTEMS,  DEVICES  AND
 OTHER  FACILITIES  OWNED  AND  OPERATED BY THE STATE FOR THE PURPOSES OF
 SUCH PROGRAM.  SUCH MEMORANDUM OF UNDERSTANDING SHALL BE ENTERED INTO NO
 LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION.
   (C) ANY IMAGE PRODUCED BY THE WEIGH IN MOTION SYSTEM SHALL NOT BE USED
 FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION IN  THE  ABSENCE
 OF A COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED.
   (D)  THE  CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
 THE PRIVACY OF DRIVERS, PASSENGERS, OR THE CONTENTS OF THE VEHICLE WHOSE
 IDENTITY AND IDENTIFYING INFORMATION MAY  BE  CAPTURED  BY  A  WEIGH  IN
 MOTION  SYSTEM,  PROVIDED,  HOWEVER,  THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE  DISMISSED  SOLELY  BECAUSE  AN  IMAGE
 PRODUCED  BY  A  WEIGH IN MOTION SYSTEM ALLOWS FOR THE IDENTIFICATION OF
 THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE.  SUCH  PROTEC-
 TIVE MEASURES SHALL INCLUDE:
   (I)  A  PROHIBITION  ON  THE USE OR DISSEMINATION OF VEHICLES' LICENSE
 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY WEIGH  IN
 MOTION SYSTEMS EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS
 SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
 (C)  AS  REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH
 THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR (D) AS  OTHERWISE  REQUIRED
 BY LAW;
   (II)  THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIG-
 NATED AREAS STATING THAT WEIGH IN MOTION SYSTEMS  ARE  USED  TO  ENFORCE
 VEHICLE WEIGHT RESTRICTIONS; AND
   (III)  OVERSIGHT  PROCEDURES  TO  ENSURE COMPLIANCE WITH THE AFOREMEN-
 TIONED PRIVACY PROTECTION MEASURES.
   (E) THE WEIGH IN MOTION SYSTEM SHALL UNDERGO A CALIBRATION CHECK EVERY
 SIX MONTHS IN  ACCORDANCE  WITH  THE  SPECIFICATIONS  OF  ASTM  E1318-09
 (2017).    IF  SUCH STANDARD IS REVISED, THE NEW YORK CITY DEPARTMENT OF
 TRANSPORTATION MAY ADOPT A RULE TO PROVIDE  FOR  THE  USE  OF  THE  MOST
 CURRENT  VERSION OF SUCH SPECIFICATIONS. SUCH CALIBRATION CHECK SHALL BE
 PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL  ISSUE  A
 CERTIFICATE  OF  CALIBRATION  ON THE LETTERHEAD OF THE INDEPENDENT CALI-
 BRATION LABORATORY THAT PERFORMED SUCH CALIBRATION CHECK. THE CITY SHALL
 KEEP EACH SUCH CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOL-
 UTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY  ISSUED  DURING  SUCH
 SIX-MONTH TIME PERIOD WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS,
 VIDEOTAPE  OR  OTHER  RECORDED  IMAGES OR DATA PRODUCED BY SUCH WEIGH IN
 MOTION SYSTEM.

 A. 10223                            3
 
   (F) THE WEIGH IN MOTION SYSTEMS USED IN ACCORDANCE WITH THE  WEIGH  IN
 MOTION  SYSTEM  PROGRAM  SHALL  ONLY BE OPERATED ON INTERSTATE ROUTE 278
 WITHIN KINGS COUNTY.
   3.  IF  THE  CITY OF NEW YORK HAS ESTABLISHED A WEIGH IN MOTION SYSTEM
 PROGRAM PURSUANT TO SUBDIVISION TWO 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 VEHICLE WEIGHT RESTRICTIONS THAT
 APPLY  TO  SUCH  VEHICLE,  WHERE  SUCH VEHICLE WAS TRAVELING TEN PERCENT
 ABOVE THE GROSS VEHICLE WEIGHT AND/OR  TWENTY  PERCENT  ABOVE  THE  AXLE
 WEIGHT AT THE TIME OF SUCH VIOLATION, AND SUCH VIOLATION IS EVIDENCED BY
 INFORMATION  OBTAINED  FROM A WEIGH IN MOTION SYSTEM; PROVIDED, HOWEVER,
 THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED  PURSU-
 ANT  TO  THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE HAS BEEN
 CONVICTED  OF  THE  UNDERLYING   VIOLATION   OF   ANY   VEHICLE   WEIGHT
 RESTRICTIONS.
   4.  A  CERTIFICATE,  SWORN  TO OR AFFIRMED BY A TECHNICIAN EMPLOYED OR
 CONTRACTED BY THE CITY OF NEW YORK, OR A FACSIMILE THEREOF,  BASED  UPON
 INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
 IMAGES  OR  DATA  PRODUCED  BY  A WEIGH IN MOTION SYSTEM, SHALL BE PRIMA
 FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.  SUBJECT TO PARAGRAPH (C)
 OF SUBDIVISION SEVEN OF THIS SECTION, ANY PHOTOGRAPHS, MICROPHOTOGRAPHS,
 VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA EVIDENCING SUCH  A  VIOLATION
 SHALL  BE  AVAILABLE  FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE
 LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
   5. AN OWNER LIABLE FOR A VIOLATION IN  ACCORDANCE  WITH  THIS  SECTION
 SHALL  BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF
 FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF  THE
 CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY SHALL NOT
 EXCEED  ONE  THOUSAND DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE
 LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE  DOLLARS  FOR
 EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
 IN THE PRESCRIBED TIME PERIOD.
   6.  AN  IMPOSITION  OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
 DEEMED A CONVICTION OF 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.
   7. (A) 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 THIS SECTION.
 PERSONAL  DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTO-
 MATIC RECORD OF MAILING PREPARED IN  THE  ORDINARY  COURSE  OF  BUSINESS
 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   (B)  A  NOTICE  OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER, THE UNITED STATES DEPARTMENT OF
 TRANSPORTATION REGISTRATION NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
 VIOLATION,  THE  LICENSE  PLATE  NUMBER  OF THE VEHICLE INVOLVED IN SUCH
 VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR  AXLE  WEIGHT,  THE  LOCATION
 WHERE  SUCH  VIOLATION  TOOK  PLACE,  ONE OR MORE IMAGES IDENTIFYING THE
 VIOLATION, THE DATE AND TIME OF SUCH VIOLATION  AND  THE  IDENTIFICATION
 NUMBER  OF  THE  WEIGH  IN MOTION SYSTEM WHICH RECORDED THE VIOLATION OR
 OTHER DOCUMENT LOCATOR NUMBER.
   (C) 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

 A. 10223                            4

 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
 OR  AGENCIES  DESIGNATED  BY  THE  CITY OF NEW YORK, OR ANY OTHER ENTITY
 AUTHORIZED BY SUCH  CITY  TO  PREPARE  AND  MAIL  SUCH  NOTIFICATION  OF
 VIOLATION.
   (E)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS  BUREAU.  SUCH  PARKING
 VIOLATIONS  BUREAU  SHALL HAVE JURISDICTION OVER THE PROGRAM ESTABLISHED
 BY THIS SECTION.  ADJUDICATION OF NOTICES OF LIABILITY  ISSUED  PURSUANT
 TO THIS SECTION SHALL BE SUBJECT TO THE SAME PROVISIONS OF ARTICLE TWO-B
 OF  THIS  CHAPTER  RELATING TO ADJUDICATION OF PARKING VIOLATIONS AND TO
 RULES PROMULGATED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU  RELAT-
 ING  TO  THE  ADJUDICATION OF SUCH NOTICES OF LIABILITY, EXCEPT THAT THE
 TERM "NOTICE OF VIOLATION" AS DEFINED IN PARAGRAPH F OF SUBDIVISION  ONE
 OF  SECTION  TWO HUNDRED THIRTY-NINE OF THIS CHAPTER SHALL NOT INCLUDE A
 NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION.
   8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO
 THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH 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 OF  THE  WEIGH  IN
 MOTION  SYSTEM  PROGRAM 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
 PARKING VIOLATIONS BUREAU OF SUCH CITY.
   9. IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION IT SHALL CONDUCT A STUDY AND POST ON THE
 NEW  YORK  CITY  DEPARTMENT  OF  TRANSPORTATION  WEBSITE A REPORT ON THE
 RESULTS OF THE USE  OF  WEIGH  IN  MOTION  SYSTEMS.  SUCH  REPORT  SHALL
 INCLUDE:
   (A)  THE  LOCATIONS  WHERE AND DATES WHEN WEIGH IN MOTION SYSTEMS WERE
 USED;
   (B) THE NUMBER OF VIOLATIONS RECORDED IN ACCORDANCE WITH THE WEIGH  IN
 MOTION  SYSTEM  PROGRAM, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY
 BASIS;
   (C) THE NUMBER OF VIOLATIONS  RECORDED  WITHIN  THE  WEIGH  IN  MOTION
 SYSTEM  PROGRAM  THAT  WERE  EITHER  TEN PERCENT ABOVE THE GROSS VEHICLE
 WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT;
   (D) THE TOTAL NUMBER OF NOTICES OF  LIABILITY  ISSUED  FOR  VIOLATIONS
 RECORDED BY WEIGH IN MOTION SYSTEMS;
   (E) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
 NOTICE  LIABILITY  ISSUED  FOR  VIOLATIONS  RECORDED  BY WEIGH IN MOTION
 SYSTEMS;
   (F) THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
 RECORDED BY WEIGH IN MOTION SYSTEMS;
   (G)  THE  TOTAL  AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK IN
 CONNECTION WITH THE PROGRAM;
   (H) THE EXPENSES INCURRED BY THE CITY OF NEW YORK IN  CONNECTION  WITH
 THE PROGRAM; AND
   (I) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   § 2. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 17 to read as follows:

 A. 10223                            5
 
   17.  TO  ADJUDICATE  THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION
 THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND APPLICABLE  RULES  OF  THE
 DEPARTMENT  OF TRANSPORTATION OF THE CITY OF NEW YORK IN ACCORDANCE WITH
 SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER, AND TO HAVE  JURIS-
 DICTION OVER THE PROGRAM ESTABLISHED PURSUANT TO SUCH SECTION.
   § 3. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (r) to read as follows:
   (R)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES OR DATA PREPARED UNDER AUTHORITY OF SECTION THREE HUNDRED  EIGHT-
 Y-FIVE-A OF THE VEHICLE AND TRAFFIC LAW.
   §  4. The New York city department of transportation shall:  (i) prior
 to implementing a weigh  in  motion  system  program  as  authorized  by
 section 385-a of the vehicle and traffic law, as added by section one of
 this  act,  communicate  to  the  public  the  plan  for  vehicle weight
 restrictions so as to maximize awareness of such program;  (ii)  for  90
 days  after the effective date of section 385-a of the vehicle and traf-
 fic law, as added by section one of this act, in lieu of issuing notices
 of liability pursuant to such section 385-a, send by first  class  mail,
 to  persons  found  in violation of such section, notice of this law and
 that the vehicle owned by the person  receiving  such  notice  has  been
 found  to  be in violation of such section, together with a warning that
 further violations may result in the issuance of a notice  of  liability
 pursuant  to  such  section  385-a;  and (iii) take such measures as are
 necessary to implement such program prior to its implementation, includ-
 ing promulgating any rules and regulations necessary for the implementa-
 tion of this act. Failure to comply with the provisions of this  section
 shall  not  affect the validity or implementation of the program author-
 ized by section 385-a of the  vehicle  and  traffic  law,  as  added  by
 section one of this act.
   §  5.  (a) This act shall take effect immediately and shall expire and
 be deemed repealed five years after such date.
   (b) Notwithstanding the expiration and repeal of this act, any notices
 of liability issued pursuant to section three hundred  eighty-five-a  of
 the  vehicle and traffic law, as added by section one of this act, prior
 to the expiration date of this act may be adjudicated after such expira-
 tion date.