S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8859
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 18, 2019
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   in  the town of Southampton a demonstration program to enforce maximum
   speed limits on County Road 39 in the county of Suffolk  by  means  of
   speed  limit  photo  devices;  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.  The  vehicle  and  traffic law is amended by adding a new
 section 1180-e to read as follows:
   § 1180-E. OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO  COMPLY  WITH
 APPLICABLE  MAXIMUM  SPEED  LIMIT  IN THE TOWN OF SOUTHAMPTON, COUNTY OF
 SUFFOLK. 1.  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  TOWN  OF
 SOUTHAMPTON  IN THE COUNTY OF SUFFOLK IS HEREBY AUTHORIZED AND EMPOWERED
 TO ESTABLISH A DEMONSTRATION PROGRAM ON COUNTY ROAD 39 IN THE COUNTY  OF
 SUFFOLK  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE  MAXIMUM  SPEED
 LIMIT  ON  SUCH  ROAD  IN SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SECTION. SUCH TOWN, FOR PURPOSES  OF  THE  IMPLEMENTATION  OF  SUCH
 PROGRAM,  SHALL  OPERATE SPEED LIMIT PHOTO DEVICES WITHIN THE TOWN AT NO
 MORE THAN FIVE LOCATIONS AT  ANY  ONE  TIME  DURING  ANY  YEAR  OF  SUCH
 PROGRAM.  SUCH SPEED LIMIT PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND
 SHALL BE ACTIVATED AT LOCATIONS SELECTED BY SUCH TOWN. SUCH SPEED  LIMIT
 PHOTO  DEVICES SHALL BE PLACED AT LOCATIONS BASED ON CRITERIA, INCLUDING
 BUT NOT LIMITED TO WHETHER THE LOCATION IS WITHIN A QUARTER  MILE  OF  A
 SCHOOL,  SPEEDING  DATA,  ACCIDENT  HISTORY, PROXIMITY TO FACILITIES FOR
 SENIOR CITIZENS OR DISABLED  PERSONS,  ROADWAY  GEOMETRY  AND  EQUITABLE
 GEOGRAPHIC DISTRIBUTION.
   2.  WHERE THE TOWN HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE  LIABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14270-01-9

 A. 8859                             2
 
 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 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED
 FROM A SPEED LIMIT PHOTO DEVICE; 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 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS ARTICLE.
   3. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
 ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
 SPEED LIMIT PHOTO DEVICES SHALL NOT INCLUDE  IMAGES  THAT  IDENTIFY  THE
 DRIVER,  THE PASSENGERS OR THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEV-
 ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
 DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
 TIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE,
 PROVIDED THAT THE TOWN HAS MADE A REASONABLE EFFORT TO COMPLY  WITH  THE
 PROVISIONS OF THIS SUBDIVISION.
   4.  SUCH  DEMONSTRATION PROGRAM SHALL INCLUDE A PROHIBITION ON THE USE
 OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFOR-
 MATION AND IMAGES CAPTURED BY SPEED CAMERAS EXCEPT AS REQUIRED TO ESTAB-
 LISH LIABILITY UNDER THIS  SECTION  OR  COLLECT  PAYMENT  OF  PENALTIES;
 EXCEPT  AS REQUIRED TO RESPOND TO A REQUEST BY LAW ENFORCEMENT OFFICIALS
 PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMI-
 NAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY LAW.
   5. FOR PURPOSES OF  THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
 PROVIDED  IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER. FOR
 PURPOSES OF THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL  MEAN  EQUIP-
 MENT  THAT  TAKES A FILM OR DIGITAL CAMERA-BASED PHOTOGRAPH, MICROPHOTO-
 GRAPH, VIDEO, OR OTHER RECORDED IMAGE WHICH IS LINKED WITH  A  VIOLATION
 DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
 AT  THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF SUBDIVISION
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE.  FOR  THE
 PURPOSES OF THIS SECTION "TOWN" SHALL MEAN THE TOWN OF SOUTHAMPTON.
   6. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
 COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRAC-
 TOR,  OR  A  FACSIMILE  THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS,
 MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
 LIMIT PHOTO DEVICE, 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 THIS SECTION.
   7.  AN  OWNER  LIABLE  FOR  A  VIOLATION  OF SUBDIVISION (C) OR (D) OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR  MONE-
 TARY  PENALTIES  IN  ACCORDANCE  WITH  A SCHEDULE OF FINES AND PENALTIES
 PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF SUCH  COUNTY;  PROVIDED,
 HOWEVER,  THAT  THE MONETARY PENALTY FOR DRIVING AT A SPEED IN EXCESS OF
 THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES  PER  HOUR  AND  LESS  THAN
 THIRTY  MILES  PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONETARY
 PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT  BY  THIRTY  OR
 MORE  MILES  PER  HOUR  SHALL  NOT EXCEED ONE HUNDRED 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 WITHIN THE PRESCRIBED TIME PERIOD.

 A. 8859                             3

   8.  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.
   9.  (A)  A  NOTICE  OF  LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
 ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE  AS  AN
 OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (C)  OR (D) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE. 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.
   (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND  ADDRESS  OF  THE
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, 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 SPEED LIMIT PHOTO DEVICE 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  IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
 LIABILITY 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 TOWN.
   10. 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 SUBDIVI-
 SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  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 AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF  SAID
 TOWN.
   11.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION NINE OF THIS SECTION  SHALL
 NOT  BE  LIABLE  FOR  THE VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  THE  TOWN  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
 THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE TOWN  OF
 THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
 SUCH  COURT  THE  CORRECT  NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
 IDENTIFIED 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 SUCH
 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
 SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.

 A. 8859                             4
 
   (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A)  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 SUCH VIOLATION PURSU-
 ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
 SUBDIVISION NINE OF THIS SECTION.
   12. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF
 SECTION  ELEVEN  HUNDRED EIGHTY 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.
   13.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   14. WHERE THE TOWN ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
 SION  ONE OF THIS SECTION, THE TOWN SHALL SUBMIT A REPORT ON THE RESULTS
 OF THE USE OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST,
 TWO THOUSAND TWENTY-FOUR.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (A) A DESCRIPTION OF THE LOCATIONS WHERE  SPEED  LIMIT  PHOTO  DEVICES
 WERE USED;
   (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
 AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
   (D)  THE  NUMBER  OF  FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
 NOTICE OF LIABILITY;
   (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF  SUCH  ADJUDI-
 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY; AND
   (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire 5 years  after  such  effective  date
 when upon such date the provisions of this act shall be deemed repealed.