NY State Senate Bill 2019-S8128A

Senate Bill S8128A

2019-2020 Legislative Session

Relates 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

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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
Sep 21, 2020	print number 8128a
Sep 21, 2020	amend and recommit to transportation
Mar 23, 2020	referred to transportation

Bill Amendments

Original

A (Active)

2019-S8128 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §385-a, amd §237, V & T L; amd §87, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:: S2740

2019-S8128 - Summary

2019-S8128 - Sponsor Memo

                                
 
BILL NUMBER: S8128

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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 inter-
state by means of mobile or stationary weigh in motion systems; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To create a weigh-in-motion pilot program for the enforcement of vehicle
weight restrictions on the portion of Interstate 278 located in Brook-
lyn.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new Section 385-a to the Vehicle and
Traffic Law, which authorizes the City of New York to create a pilot

weigh-in-motion enforcement program for the Brooklyn Queens Expressway
in Brooklyn. The program shall impose fines for failure to comply with
existing weight restrictions. The New York State Department of Transpor-
tation will enter into an MOU with the New York City Department of
Transportation for the purposes of carrying out the program. Section one
also establishes the parameters of the pilot program, including privacy
protections for data and images of affected individuals and vehicles,
the maintenance of the system, the fines imposed, the scope of infrac-
tions, the manner of notification of infractions, adjudication of
liability, and a process to report the results of the program.

Section two of the bill amends Section 237 of the Vehicle and Traffic
Law to allow the adjudication of liability for any violation found
pursuant to the program by the New York City Parking Violations Bureau.

Section three of the bill amends Subdivision 2 of Section 87 of the
Public Officers Law by adding any recorded materials collected pursuant
to the program to a list of exceptions to the otherwise applicable
public disclosure law.

Section four of the bill outlines that the City Department of Transpor-
tation shall create proper awareness among the public of the new
program, shall issue a warning rather than a violation for the first 90
days of the program, and shall promulgate any and all rules and regu-
lations required to implement the program.

Section five of the bill sets forth the effective date.

 
JUSTIFICATION:

The respective final reports of the New York City Mayor's Expert Panel
and the New York City Council on the Brooklyn-Queens Expressway,
released in early 2020, found that this vital piece of infrastructure is
in dire condition. The Panel's report focused on the 1.5-mile stretch of
the roadway from Sands Street to Atlantic Avenue-which includes the
"triple cantilever" structure running along the edge of Brooklyn Heights
with a northbound level, southbound level, and the Brooklyn Heights
promenade-and found the structure to be deteriorating rapidly, with
sections possibly unsafe for vehicular and truck traffic in five years
if mitigations are not made expeditiously.

One reason for the expressway's crumbling infrastructure is the presence
of overweight truck traffic. There is currently minimal enforcement of
truck weight restriction, in part because the conventional enforcement
method of taking a truck off the road and weighing it on a stationary
scale is highly impractical on a highway as congested and narrow as the
BQE. This legislation would allow for the City of New York, in conjunc-
tion with the State, to institute a weigh-in-motion system on the 1-278
in Brooklyn that would increase enforcement of weight restrictions.
Weigh-in-motion systems record the axle weights and gross weights of
vehicles that drive over the site of the system, without the need for
the vehicles to stop. This bill would create an enforcement program that
would automatically issue violations for trucks that are recorded as
having weights substantially above the existing legal limits.

By significantly reducing overweight truck traffic on the BQE, this
legislation will serve as an important step to protect this critical
component of the network of roadways that enable passenger vehicles and
freight to flow throughout the New York area. The enforcement program,
coupled with an emergency repair initiative the City Department of
Transportation will undertake, will extend the life of the existing
structure until long-term approaches to the 1-278 corridor can be imple-
mented.

 
LEGISLATIVE. HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
(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.

2019-S8128 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8128
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 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

 S. 8128                             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.

 S. 8128                             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

 S. 8128                             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:

 S. 8128                             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.

2019-S8128A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §385-a, amd §237, V & T L; amd §87, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:: S2740

2019-S8128A (ACTIVE) - Summary

2019-S8128A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8128A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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 inter-
state by means of mobile or stationary weigh in motion systems; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To create a weigh-in-motion pilot program for the enforcement of vehicle
weight restrictions on the portion of Interstate 278 located in Brook-
lyn.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new Section 385-a to the Vehicle and
Traffic Law, which authorizes the City of New York to create a pilot

weigh-in-motion enforcement program for the Brooklyn Queens Expressway
in Brooklyn. The program shall impose fines for failure to comply with
existing weight restrictions. The New York State Department of Transpor-
tation will enter into an MOU with the New York City Department of
Transportation for the purposes of carrying out the program, including
the installation of up to thirty weigh-in-motion systems along Inter-
state 278 in Brooklyn. Section one also establishes the parameters of
the pilot program, including privacy protections and restrictions on the
retention of data and images of affected individuals and vehicles, the
maintenance of the system, the fines imposed, the scope of infractions,
the manner of notification of infractions, adjudication of liability,
and an annual process to report the results of the program.

Section two of the bill amends Section 237 of the Vehicle and Traffic
Law to allow the adjudication of liability for any violation found
pursuant to the program by the New York City Parking Violations Bureau.

Section three of the bill amends Subdivision 2 of Section 87 of the
Public Officers Law by adding any recorded materials collected pursuant
to the program to a list of exceptions to the otherwise applicable
public disclosure law.

Section four of the bill outlines that the City Department of Transpor-
tation shall create proper awareness among the public of the new
program, shall issue a warning rather than a violation for the first 90
days of the program, and shall promulgate any and all rules and regu-
lations required to implement the program.

Section five of the bill sets forth the effective date and the date of
expiration.

 
JUSTIFICATION:

The respective final reports of the New York City Mayor's Expert Panel
and the New York City Council on the Brooklyn-Queens Expressway,
released in early 2020, found that this vital piece of infrastructure is
in dire condition. The Panel's report focused on the 1.5-mile stretch of
the roadway from Sands Street to Atlantic Avenue-which includes the
"triple cantilever" structure running along the edge of Brooklyn Heights
with a northbound level, southbound level, and the Brooklyn Heights
promenade-and found the structure to be deteriorating rapidly, with
sections possibly unsafe for vehicular and truck traffic in five years
if mitigations are not made expeditiously.

One reason for the expressway's crumbling infrastructure is the presence
of overweight truck traffic. There is currently minimal enforcement of
truck weight restriction, in part because the conventional enforcement
method of taking a truck off the road and weighing it on a stationary
scale is highly impractical on a highway as congested and narrow as the
BQE. This legislation would allow for the City of New York, in conjunc-
tion with the State, to institute a weigh-in-motion system on the 1-278
in Brooklyn that would increase enforcement of weight restrictions.
Weighin-motion systems record the axle.weights and gross weights of
vehicles that drive over the site of the system, without the need for
the vehicles to stop. This bill would create an enforcement program that
would automatically issue violations for trucks that are recorded as
having weights substantially above the existing legal limits.

By significantly reducing overweight truck traffic on the BQE, this
legislation will serve as an important step to protect this critical
component of the network of roadways that enable passenger and freight
vehicles to flow throughout the New York area. The enforcement program,
coupled with an emergency repair initiative the City Department of
Transportation will undertake, will extend the life of the existing
structure until long-term approaches to the 1-278 corridor can be imple-
mented.

 
LEGISLATIVE. HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
(a) This act shall take effect immediately and shall expire and be
deemed repealed three years after the first notice of liability issued
for violations recorded by weigh in motion systems.
(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.

2019-S8128A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8128--A
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16035-04-0

 S. 8128--A                          2
 
   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
 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  UP  TO
 THIRTY  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 UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO
 THE EXTENT PRACTICABLE, THAT ANY  LICENSE  PLATE  INFORMATION  OR  OTHER
 INFORMATION  OR  IMAGES  CAPTURED  BY  WEIGH IN MOTION 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 ANY INFORMA-
 TION OR IMAGES CAPTURED BY SUCH WEIGH IN MOTION SYSTEMS ALLOWS  FOR  THE
 IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHI-
 CLE  WHERE THE CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH
 THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE.
   (E) THE CITY OF NEW YORK SHALL FURTHER ADOPT AND ENFORCE  MEASURES  TO
 PROTECT  THE  PRIVACY  OF  DRIVERS,  PASSENGERS, AND 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
 PROTECTIVE MEASURES SHALL INCLUDE:
   (I) PROVIDING THAT ANY LICENSE PLATE INFORMATION OR OTHER  INFORMATION
 OR IMAGE CAPTURED BY A WEIGH IN MOTION SYSTEM SHALL BE FOR THE EXCLUSIVE
 USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED
 PURSUANT  TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABIL-
 ITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY  THE  CITY  UPON
 THE  FINAL  RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH INFORMA-
 TION OR IMAGES RELATE, OR ONE YEAR FOLLOWING THE  DATE  OF  ISSUANCE  OF
 SUCH  NOTICE  OF  LIABILITY,  WHICHEVER  IS  LATER.  NOTWITHSTANDING THE
 PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION  TO  THE  CONTRARY,  ANY
 LICENSE  PLATE  INFORMATION  OR OTHER INFORMATION OR IMAGE CAPTURED BY A
 WEIGH IN MOTION SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR  SUBJECT  TO
 CIVIL  OR CRIMINAL PROCESS OF DISCOVERY, NOR USED BY ANY COURT OR ADMIN-
 ISTRATIVE OR ADJUDICATORY BODY  IN  ANY  ACTION  OR  PROCEEDING  THEREIN
 EXCEPT  THAT  WHICH  IS  NECESSARY  FOR  THE ADJUDICATION OF A NOTICE OF

 S. 8128--A                          3
 
 LIABILITY ISSUED PURSUANT TO THIS  SECTION,  AND  NO  PUBLIC  ENTITY  OR
 EMPLOYEE,  OFFICER  OR  AGENT  THEREOF  SHALL DISCLOSE SUCH INFORMATION,
 EXCEPT: (A) THAT SUCH LICENSE PLATE INFORMATION OR OTHER INFORMATION  OR
 IMAGE SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE  OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; (B)
 AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT
 OF PENALTIES; (C) AS REQUIRED BY COURT ORDER; (D) AS  REQUIRED  PURSUANT
 TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW
 OR A SUBPOENA; (E) AS REQUIRED BY THE NEW YORK CITY DEPARTMENT OF TRANS-
 PORTATION TO STUDY THE IMPACT OF OVERWEIGHT VEHICLES ON INTERSTATE ROUTE
 278  IN  KINGS COUNTY AND MANAGEMENT OF INFRASTRUCTURE; OR (F) AS OTHER-
 WISE 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.
   (F)  (I)  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.
   (II) THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH  A
 RANGE,  ACCORDING  TO THE MANUFACTURER'S STANDARDS AND ITS MONITORING OF
 THE SYSTEM, FOR EVALUATING DATA COLLECTED FROM SENSOR  READINGS  OF  THE
 SYSTEM. THE SYSTEM SHALL BE SET TO AUTOMATICALLY ALERT THE DEPARTMENT OF
 SIGNIFICANT  VARIATIONS FROM THE ESTABLISHED RANGE DURING A TWENTY-FOUR-
 HOUR PERIOD. THE SYSTEM SHALL BE INSPECTED  AFTER  EACH  ALERT  AND  ANY
 NECESSARY  ADJUSTMENTS SHALL BE MADE. A LOG SHALL BE KEPT OF THE DETAILS
 OF ALL ALERTS, INCLUDING THE DATE  AND  TIME  AND  ADJUSTMENTS  MADE  OR
 ACTIONS TAKEN AS A RESULT OF THE SUBSEQUENT INSPECTION.
   (G)  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 OR TWENTY PERCENT ABOVE THE  AXLE  WEIGHT
 AT THE TIME OF SUCH VIOLATION, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
 MATION  OBTAINED  FROM A WEIGH IN MOTION 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 ANY VEHICLE WEIGHT RESTRICTIONS.    WHERE  A

 S. 8128--A                          4
 
 VEHICLE  IS  IN  VIOLATION OF BOTH GROSS VEHICLE WEIGHT RESTRICTIONS AND
 AXLE WEIGHT RESTRICTIONS THE OWNER SHALL BE LIABLE FOR A SEPARATE PENAL-
 TY FOR EACH VIOLATION.
   4.  A  CERTIFICATION MADE UNDER THE PENALTY OF PERJURY 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 SEPARATE SCHE-
 DULES OF FINES AND  PENALTIES  PROMULGATED  BY  THE  PARKING  VIOLATIONS
 BUREAU  OF  THE  CITY  OF NEW YORK FOR VIOLATION OF GROSS VEHICLE WEIGHT
 RESTRICTIONS AND FOR VIOLATION OF AXLE  WEIGHT  RESTRICTIONS;  PROVIDED,
 HOWEVER, THAT THE MONETARY PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS
 FOR EACH VIOLATION; 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.
   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
 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

 S. 8128--A                          5
 
 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 AN ANNUAL  REPORT  ON
 THE RESULTS OF THE USE OF WEIGH IN MOTION SYSTEMS ON OR ABOUT JUNE FIRST
 TWO  THOUSAND TWENTY-TWO AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN
 WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.  SUCH REPORT SHALL INCLUDE:
   (A) THE LOCATIONS WHERE AND DATES WHEN WEIGH IN  MOTION  SYSTEMS  WERE
 USED;
   (B)  THE  TOTAL  NUMBER OF TRUCKS WEIGHED AND 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;
   (I) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND
   (J) THE TOTAL CAPITAL AMOUNT SPENT  ON  REPAIR  OR  RECONSTRUCTION  OF
 INTERSTATE  ROUTE 278 IN KINGS COUNTY AND THE TOTAL CAPITAL AMOUNT SPENT
 ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE  278  SPECIFICALLY  FROM
 THE VICINITY OF ATLANTIC AVENUE TO THE VICINITY OF SANDS STREET IN KINGS
 COUNTY.
   § 2. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 17 to read as follows:
   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.

 S. 8128--A                          6
 
   § 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.
   § 5. (a) This act shall take effect immediately and shall  expire  and
 be  deemed  repealed  three  years  after  the first notice of liability
 issued for violations recorded by weigh in motion systems; provided that
 the New York city department of transportation shall notify the legisla-
 tive bill drafting commission upon the issuance of the first  notice  of
 liability for violations recorded by a weigh in motion system in accord-
 ance  with  section  385-a  of  the vehicle and traffic law, as added by
 section one of this act, in order that the commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effecting the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.
   (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.

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