S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    252
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 authorizing political subdivisions and  certain  public
   authorities  to establish demonstration programs implementing railroad
   grade crossing monitoring systems  by  means  of  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.  Section 135-a of the vehicle and traffic law, as added  by
 chapter 501 of the laws of 2016, is amended to read as follows:
   §  135-a.  Railroad grade crossing. A location where [a public highway
 or private road, including associated sidewalks, crosses  one  or  more]
 railroad  tracks [at grade] INTERSECT A PUBLIC OR PRIVATE HIGHWAY, ROAD-
 WAY OR SIDEWALK.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1170-a to read as follows:
    §  1170-A.  OWNER  LIABILITY  FOR  FAILURE OF OPERATOR TO OBEY SIGNAL
 INDICATING  APPROACH  OF  TRAIN.    (A)  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW,  ANY  POLITICAL SUBDIVISION IS HEREBY AUTHORIZED AND
 EMPOWERED TO ADOPT AND AMEND A LOCAL LAW, ORDINANCE OR RESOLUTION ESTAB-
 LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
 OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY  WITH  SECTION
 ELEVEN HUNDRED SEVENTY OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL
 EMPOWER  A  POLITICAL  SUBDIVISION TO INSTALL AND OPERATE RAILROAD GRADE
 CROSSING PHOTO VIOLATION-MONITORING DEVICES AT ANY RAILROAD GRADE CROSS-
 ING WITHIN ITS JURISDICTION.  IF INSTALLATION, OPERATION OR  MAINTENANCE
 OF  EQUIPMENT  PURSUANT TO THIS SECTION REQUIRES ENTRY UPON THE PROPERTY
 OF THE COMMUTER RAILROAD, THE POLITICAL SUBDIVISION OR ITS  AGENT  SHALL
 FIRST  SECURE  PERMISSION FROM SUCH RAILROAD TO ENTER UPON THE PROPERTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01740-01-1

 S. 252                              2
 
 ALL SUCH WORK SHALL BE PERFORMED IN ACCORDANCE WITH  APPLICABLE  FEDERAL
 AND  STATE REQUIREMENTS AND INDUSTRY SAFETY STANDARDS.  THE COST OF SUCH
 PHOTO VIOLATION-MONITORING DEVICES MAY BE BORNE BY THE POLITICAL  SUBDI-
 VISION,  A COMMUTER RAILROAD OPERATING WITHIN THE POLITICAL SUBDIVISION,
 OR A COMBINATION OF BOTH SUCH POLITICAL SUBDIVISION AND  COMMUTER  RAIL-
 ROAD PURSUANT TO A MEMORANDUM OF UNDERSTANDING.
   2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 RAILROAD  GRADE  CROSSING  PHOTO  VIOLATION-MONITORING SYSTEMS SHALL NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS OR THE  CONTENTS
 OF  THE  VEHICLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
 OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
 CLE, PROVIDED THAT SUCH POLITICAL  SUBDIVISION  HAS  MADE  A  REASONABLE
 EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B)  WITHIN  THE  JURISDICTION OF ANY SUCH POLITICAL SUBDIVISION WHICH
 HAS ADOPTED A LOCAL LAW, ORDINANCE OR RESOLUTION PURSUANT TO SUBDIVISION
 (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
 TY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED
 WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,  IN  VIOLATION  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY OF THIS ARTICLE, AND SUCH VIOLATION IS
 EVIDENCED BY INFORMATION OBTAINED FROM A RAILROAD GRADE  CROSSING  PHOTO
 VIOLATION-MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A VEHI-
 CLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE
 THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING
 VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE.
   (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER.
   2. "RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING  SYSTEM"  SHALL
 MEAN  A  VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A RAILROAD
 SIGN OR SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO
 OR MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES  OF  EACH
 VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SECTION ELEV-
 EN HUNDRED SEVENTY OF THIS ARTICLE.
   3.  "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE
 LOCATED WITHIN THE METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT,  AS
 DEFINED  IN  SECTION  TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES
 LAW.
   4. "COMMUTER RAILROAD" SHALL MEAN A RAILROAD OWNED AND OPERATED BY THE
 METROPOLITAN TRANSPORTATION AUTHORITY AND LOCATED WITHIN  THE  METROPOL-
 ITAN  COMMUTER  TRANSPORTATION  DISTRICT,  AS  DEFINED IN SECTION TWELVE
 HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
   5. "OPERATOR" SHALL HAVE THE SAME MEANING AS PROVIDED IN  SECTION  TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE POLITICAL SUBDIVISION IN WHICH THE CHARGED VIOLATION OCCURRED, OR  A
 FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD  GRADE
 CROSSING   PHOTO  VIOLATION-MONITORING  SYSTEM,  SHALL  BE  PRIMA  FACIE
 EVIDENCE OF THE FACTS CONTAINED THEREIN.  ANY  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
 SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING  TO  ADJUDICATE  THE
 LIABILITY  FOR  SUCH  VIOLATION  PURSUANT  TO  A LOCAL LAW, ORDINANCE OR
 RESOLUTION ADOPTED PURSUANT TO THIS SECTION.

 S. 252                              3
 
   (E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY
 OF THIS ARTICLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED
 PURSUANT  TO  THIS  SECTION  SHALL  BE  LIABLE FOR MONETARY PENALTIES IN
 ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE  ESTABLISHED  IN
 SUCH  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION. THE LIABILITY OF THE OWNER
 PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS  FOR  EACH
 VIOLATION; PROVIDED, HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE
 FOR  AN  ADDITIONAL  PENALTY OF NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR
 EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
 IN THE PRESCRIBED PERIOD OF TIME.
   (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW, ORDINANCE OR  RESOL-
 UTION  ADOPTED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION
 AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
 PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR  SHALL  IT  BE  USED  FOR
 INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN  HUNDRED  SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION.  PERSONAL
 DELIVERY ON THE OWNER SHALL NOT  BE  REQUIRED.  A  MANUAL  OR  AUTOMATIC
 RECORD  OF  MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE
 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN  HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGIS-
 TRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION,  THE  LOCATION
 WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
 THE  IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR
 OTHER DOCUMENT LOCATOR NUMBER.
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN  A  WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST
 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4.  THE  NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE POLI-
 TICAL SUBDIVISION, OR BY ANY OTHER ENTITY AUTHORIZED BY  SUCH  POLITICAL
 SUBDIVISION TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE COURT  HAVING  JURISDICTION  OVER  TRAFFIC  INFRACTIONS,
 EXCEPT THAT IF SUCH POLITICAL SUBDIVISION HAS ESTABLISHED AN ADMINISTRA-
 TIVE  TRIBUNAL  TO  HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS
 CONSTITUTING PARKING, STANDING OR  STOPPING  VIOLATIONS  SUCH  POLITICAL
 SUBDIVISION  MAY,  BY  LOCAL  LAW,  AUTHORIZE  SUCH ADJUDICATION BY SUCH
 TRIBUNAL.
   (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION  FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A
 LAW ENFORCEMENT AGENCY AS HAVING  BEEN  STOLEN,  IT  SHALL  BE  A  VALID
 DEFENSE  TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION ELEVEN
 HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE  VEHI-
 CLE  HAD BEEN REPORTED TO THE POLICE AS STOLEN AFTER THE OWNER FOUND OUT
 IT WAS STOLEN AND HAD NOT BEEN  RECOVERED  BY  THE  TIME  THE  VIOLATION
 OCCURRED.  FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDI-
 VISION  IT  SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF A POLICE REPORT
 ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT OR ADMIN-
 ISTRATIVE TRIBUNAL HAVING JURISDICTION.

 S. 252                              4
 
   (J) 1. IN SUCH POLITICAL SUBDIVISION WHERE THE ADJUDICATION OF LIABIL-
 ITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY  A  COURT  HAVING
 JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT  BE  LIABLE  FOR  THE VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY OF
 THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT  HAVING  JURIS-
 DICTION  A  COPY  OF  THE  RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
 COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH  THE  NAME  AND
 ADDRESS  OF  THE  LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER
 RECEIVING NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH  VIOLATION,
 TOGETHER  WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF
 LIABILITY.  FAILURE TO SEND SUCH INFORMATION  WITHIN  SUCH  THIRTY-SEVEN
 DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED
 BY  THIS  SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
 PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON  THE  DATE  OF  SUCH  VIOLATION
 SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
 SECTION, SHALL BE SUBJECT TO LIABILITY  FOR  THE  VIOLATION  OF  SECTION
 ELEVEN  HUNDRED  SEVENTY  OF  THIS  ARTICLE PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   2.  (I) IN SUCH POLITICAL SUBDIVISION WHICH HAS AUTHORIZED THE ADJUDI-
 CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY  AN  ADMINIS-
 TRATIVE  TRIBUNAL,  AN  OWNER  WHO  IS  A LESSOR OF A VEHICLE TO WHICH A
 NOTICE OF LIABILITY WAS ISSUED  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS
 SECTION  SHALL NOT BE LIABLE FOR THE VIOLATION OF SECTION ELEVEN HUNDRED
 SEVENTY OF THIS ARTICLE, PROVIDED THAT:
   (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE TRIBUNAL THE
 VEHICLE IDENTIFICATION INFORMATION IN ACCORDANCE WITH THE PROVISIONS  OF
 SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (B)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE TRIBUNAL
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
 TRIBUNAL THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDEN-
 TIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETH-
 ER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE
 OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE  TRIBU-
 NAL PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (II)  FAILURE  TO  COMPLY  WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
 PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE  PENALTY  PRESCRIBED  IN
 THIS SECTION.
   (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
 TO  BE  THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT  TO  THIS  SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
 SECTION.
   (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION  ELEVEN  HUNDRED
 SEVENTY OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF
 THE  VEHICLE  AT  THE  TIME  OF THE VIOLATION, THE OWNER MAY MAINTAIN AN
 ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
 VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE  WAS  USING  OR  OPERATING  SUCH
 VEHICLE  WITHOUT  THE  PERMISSION OF THE OWNER AT THE TIME SUCH OPERATOR
 FAILED TO OBEY A RAILROAD SIGN OR SIGNAL INDICATING THE  APPROACH  OF  A
 TRAIN.    FOR  PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION

 S. 252                              5
 
 THAT THE OPERATOR OF SUCH VEHICLE WAS USING OR  OPERATING  SUCH  VEHICLE
 WITH  THE  PERMISSION  OF  THE OWNER AT THE TIME SUCH OPERATOR FAILED TO
 OBEY A RAILROAD SIGN OR SIGNAL INDICATING THE APPROACH OF A TRAIN.
   (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN  HUNDRED
 SEVENTY OF THIS ARTICLE.
   (M)  IN  ANY  SUCH  POLITICAL SUBDIVISION WHICH ADOPTS A DEMONSTRATION
 PROGRAM PURSUANT TO SUBDIVISION (A)  OF  THIS  SECTION,  SUCH  POLITICAL
 SUBDIVISION SHALL SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF A
 RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM TO THE GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
 BLY ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-TWO  AND  ON  THE  SAME
 DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPER-
 ABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1.  A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING PHOTO
 VIOLATION-MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
 SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
 SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
 DEPARTMENT;
   4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
 RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
 CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   8.  THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH POLITICAL SUBDIVISION
 FROM SUCH ADJUDICATIONS;
   9. EXPENSES INCURRED BY SUCH POLITICAL SUBDIVISION IN CONNECTION  WITH
 THE PROGRAM; AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N)  IT  SHALL  BE  A  DEFENSE  TO  ANY PROSECUTION FOR A VIOLATION OF
 SECTION ELEVEN HUNDRED SEVENTY OF THIS ARTICLE PURSUANT TO A  LOCAL  LAW
 OR  ORDINANCE  ADOPTED PURSUANT TO THIS SECTION THAT THE RAILROAD SIGNAL
 INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 1633 to read as follows:
   §  1633.  RAILROAD  GRADE CROSSING ENFORCEMENT; DEMONSTRATION PROGRAM.
 (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LONG ISLAND  RAIL
 ROAD  AND  THE METRO-NORTH COMMUTER RAILROAD (HEREINAFTER REFERRED TO AS
 "THE COMMUTER RAILROADS") ARE HEREBY AUTHORIZED AND EMPOWERED TO  IMPLE-
 MENT A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF
 A  VEHICLE  FOR  FAILURE  OF  AN OPERATOR THEREOF TO COMPLY WITH SECTION
 ELEVEN HUNDRED SEVENTY OF THIS  CHAPTER.    SUCH  DEMONSTRATION  PROGRAM
 SHALL  EMPOWER  EACH  OF  THE COMMUTER RAILROADS TO INSTALL, OPERATE AND
 MAINTAIN RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING  DEVICES  AT
 ANY  RAILROAD  GRADE  CROSSING  WITH A SIGN OR SIGNAL THAT INDICATES THE
 APPROACH OF ONE OF ITS TRAINS. IF INSTALLATION, OPERATION OR MAINTENANCE

 S. 252                              6

 OF EQUIPMENT PURSUANT TO THIS SECTION REQUIRES ENTRY UPON  THE  PROPERTY
 OF  THE  POLITICAL SUBDIVISION, THE COMMUTER RAILROAD OR ITS AGENT SHALL
 FIRST SECURE PERMISSION FROM SUCH POLITICAL SUBDIVISION  TO  ENTER  UPON
 THE PROPERTY. ALL SUCH WORK SHALL BE PERFORMED IN ACCORDANCE WITH APPLI-
 CABLE  FEDERAL AND STATE REQUIREMENTS AND INDUSTRY SAFETY STANDARDS. THE
 COSTS ASSOCIATED WITH THE INSTALLATION, OPERATION AND MAINTENANCE OF THE
 RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING EQUIPMENT LOCATED  ON
 THE  RAILROAD  RIGHT  OF  WAY  SHALL  BE BORNE BY THE COMMUTER RAILROAD,
 PROVIDED, HOWEVER, IN ANY CASE WHERE THE EQUIPMENT IS TO BE  LOCATED  ON
 BOTH  RAILROAD  PROPERTY  AND THE PROPERTY OF THE POLITICAL SUBDIVISION,
 THE TERMS AND CONDITIONS FOR INSTALLATION, OPERATION AND MAINTENANCE  OF
 SUCH  EQUIPMENT,  INCLUDING  COST APPORTIONMENT, IF APPLICABLE, SHALL BE
 DETERMINED PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE  COMMU-
 TER RAILROAD AND THE POLITICAL SUBDIVISION.
   2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 RAILROAD  GRADE  CROSSING  PHOTO  VIOLATION-MONITORING SYSTEMS SHALL NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS OR THE  CONTENTS
 OF  THE  VEHICLE.  PROVIDED,  HOWEVER THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
 OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE DRIVER, THE PASSEN-
 GERS OR THE CONTENTS OF A VEHICLE, PROVIDED THAT THE  COMMUTER  RAILROAD
 HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARA-
 GRAPH.
   (B)  SUBJECT  TO THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION AND
 SUBJECT TO THE ADJUDICATORY PROCESS OF THE APPROPRIATE POLITICAL  SUBDI-
 VISION,  THE  OWNER  OF  A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
 PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED  WITH  THE
 PERMISSION  OF  THE  OWNER,  EXPRESS OR IMPLIED, IN VIOLATION OF SECTION
 ELEVEN HUNDRED SEVENTY OF THIS CHAPTER, AND SUCH VIOLATION IS  EVIDENCED
 BY  INFORMATION OBTAINED FROM A RAILROAD GRADE CROSSING PHOTO VIOLATION-
 MONITORING SYSTEM; PROVIDED, HOWEVER, THAT NO OWNER OF A  VEHICLE  SHALL
 BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPER-
 ATOR  OF  SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF
 SECTION ELEVEN HUNDRED SEVENTY OF THIS CHAPTER.
   (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1. "OWNER" SHALL HAVE THE MEANING AS PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER;
   2.  "RAILROAD  GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM" SHALL
 MEAN A VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  RAILROAD
 SIGN OR SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO
 OR  MORE  MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH
 VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SECTION ELEV-
 EN HUNDRED SEVENTY OF THIS CHAPTER;
   3. "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, CITY, TOWN OR  VILLAGE
 LOCATED  WITHIN  THE  METROPOLITAN  COMMUTER TRANSPORTATION DISTRICT, AS
 SUCH DISTRICT IS DEFINED IN SECTION  TWELVE  HUNDRED  SIXTY-TWO  OF  THE
 PUBLIC AUTHORITIES LAW.
   4.  "OPERATOR"  SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE COMMUTER RAILROAD WHERE THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
 ILE  THEREOF,  BASED  UPON  INSPECTION OR PHOTOGRAPHS, MICROPHOTOGRAPHS,
 VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A RAILROAD GRADE CROSSING
 PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF  THE

 S. 252                              7
 
 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 LAW.
   (E)  AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY
 OF THIS CHAPTER PURSUANT TO  A  RAILROAD  GRADE  CROSSING  DEMONSTRATION
 PROGRAM  ADOPTED  PURSUANT  TO THIS SECTION SHALL BE LIABLE FOR MONETARY
 PENALTIES NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH VIOLATION PROVIDED,
 HOWEVER, THAT AN ADJUDICATING AUTHORITY MAY PROVIDE  FOR  AN  ADDITIONAL
 PENALTY  OF  NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR
 THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY  WITHIN  THE  PRESCRIBED
 PERIOD OF TIME.
   (F)  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.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN  HUNDRED  SEVENTY OF THIS CHAPTER PURSUANT TO THIS SECTION AND A COPY
 OF SUCH NOTICE SHALL BE SENT BY FIRST CLASS MAIL TO THE POLITICAL SUBDI-
 VISION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED.  A  MANUAL
 OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN  HUNDRED SEVENTY OF THIS CHAPTER PURSUANT TO THIS SECTION, THE REGIS-
 TRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION,  THE  LOCATION
 WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
 THE  IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR
 OTHER DOCUMENT LOCATOR NUMBER.
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN  A  WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST
 THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION  OF  LIABILITY
 AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4.  THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE COMMU-
 TER RAILROAD, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  COMMUTER  RAIL-
 ROAD TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE COURT  HAVING  JURISDICTION  OVER  TRAFFIC  INFRACTIONS,
 EXCEPT THAT IF A POLITICAL SUBDIVISION HAS ESTABLISHED AN ADMINISTRATIVE
 TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
 TUTING PARKING, STANDING OR STOPPING VIOLATIONS, SUCH POLITICAL SUBDIVI-
 SION MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDICATION BY SUCH TRIBUNAL.
   (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED  TO  A
 LAW  ENFORCEMENT  AGENCY  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID
 DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SECTION  ELEVEN
 HUNDRED  SEVENTY OF THIS CHAPTER PURSUANT TO THIS SECTION THAT THE VEHI-
 CLE HAD BEEN REPORTED TO THE POLICE AS STOLEN AFTER THE OWNER FOUND  OUT
 IT  WAS  STOLEN  AND  HAD  NOT  BEEN RECOVERED BY THE TIME THE VIOLATION
 OCCURRED.  FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDI-
 VISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF A  POLICE  REPORT

 S. 252                              8
 
 ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT OR ADMIN-
 ISTRATIVE TRIBUNAL HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   (J)  1. IN ANY POLITICAL SUBDIVISION WHERE THE ADJUDICATION OF LIABIL-
 ITY IMPOSED UPON OWNERS PURSUANT TO THIS SECTION IS BY  A  COURT  HAVING
 JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE VIOLATION OF SECTION  ELEVEN  HUNDRED  SEVENTY  OF
 THIS  CHAPTER,  PROVIDED THAT HE OR SHE SENDS TO THE COURT HAVING JURIS-
 DICTION A COPY OF THE RENTAL, LEASE  OR  OTHER  SUCH  CONTRACT  DOCUMENT
 COVERING  SUCH  VEHICLE  ON THE DATE OF THE VIOLATION, WITH THE NAME AND
 ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN  THIRTY-SEVEN  DAYS  AFTER
 RECEIVING  NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH VIOLATION,
 TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE  OF
 LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
 TIME  PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
 THIS SECTION. WHERE THE LESSOR COMPLIES  WITH  THE  PROVISIONS  OF  THIS
 PARAGRAPH,  THE  LESSEE  OF  SUCH  VEHICLE ON THE DATE OF SUCH VIOLATION
 SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES  OF  THIS
 SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY FOR THE VIOLATION OF SECTION
 ELEVEN HUNDRED SEVENTY OF THIS CHAPTER  PURSUANT  TO  THIS  SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
 SECTION.
   2. (I) IN ANY POLITICAL SUBDIVISION WHICH HAS AUTHORIZED  THE  ADJUDI-
 CATION  OF  LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY AN ADMINIS-
 TRATIVE TRIBUNAL, AN OWNER WHO IS A LESSOR  OF  A  VEHICLE  TO  WHICH  A
 NOTICE  OF  LIABILITY  WAS  ISSUED  PURSUANT  TO SUBDIVISION (G) OF THIS
 SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SECTION ELEVEN  HUNDRED
 SEVENTY OF THIS CHAPTER, PROVIDED THAT:
   (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE TRIBUNAL THE
 VEHICLE  IDENTIFICATION INFORMATION IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE  TRIBUNAL
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
 TRIBUNAL THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDEN-
 TIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETH-
 ER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE
 OR  OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE TRIBU-
 NAL PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
 SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   (K)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
 SEVENTY OF THIS CHAPTER PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF
 THE VEHICLE AT THE TIME OF THE VIOLATION,  THE  OWNER  MAY  MAINTAIN  AN
 ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION  IF  THE  OPERATOR  OF  SUCH VEHICLE WAS USING OR OPERATING SUCH
 VEHICLE WITHOUT THE PERMISSION OF THE OWNER AT THE  TIME  SUCH  OPERATOR

 S. 252                              9
 
 FAILED  TO  OBEY  A RAILROAD SIGN OR SIGNAL INDICATING THE APPROACH OF A
 TRAIN. FOR PURPOSES OF THIS SUBDIVISION THERE  SHALL  BE  A  PRESUMPTION
 THAT  THE  OPERATOR  OF SUCH VEHICLE WAS USING OR OPERATING SUCH VEHICLE
 WITH  THE  PERMISSION  OF  THE OWNER AT THE TIME SUCH OPERATOR FAILED TO
 OBEY A RAILROAD SIGN OR SIGNAL INDICATING THE APPROACH OF A TRAIN.
   (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
 SEVENTY OF THIS CHAPTER.
   (M) WHERE A COMMUTER RAILROAD ADOPTS A DEMONSTRATION PROGRAM  PURSUANT
 TO SUBDIVISION (A) OF THIS SECTION, SUCH RAILROAD SHALL SUBMIT AN ANNUAL
 REPORT  ON  THE  RESULTS  OF  THE USE OF A RAILROAD GRADE CROSSING PHOTO
 VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF
 THE  SENATE  AND  SPEAKER  OF  THE ASSEMBLY ON OR BEFORE 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,
 BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS WHERE RAILROAD GRADE CROSSING  PHOTO
 VIOLATION-MONITORING SYSTEMS WERE USED;
   2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
 SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
 TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 INTERSECTIONS WHERE A RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING
 SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
 DEPARTMENT;
   4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
 RAILROAD GRADE CROSSING PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
 THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   6.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
 CATIONS   INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED BY  ALL  APPLICABLE  POLITICAL
 SUBDIVISIONS FROM SUCH ADJUDICATIONS;
   9.  EXPENSES INCURRED BY SUCH COMMUTER RAILROAD AND POLITICAL SUBDIVI-
 SION IN CONNECTION WITH THE PROGRAM; AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) IT SHALL BE A DEFENSE  TO  ANY  PROSECUTION  FOR  A  VIOLATION  OF
 SECTION  ELEVEN  HUNDRED SEVENTY OF THIS CHAPTER PURSUANT TO A LOCAL LAW
 OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION  THAT  THERE  IS  VERIFIED
 EVIDENCE THAT THE RAILROAD SIGNAL INDICATIONS WERE MALFUNCTIONING AT THE
 TIME OF THE ALLEGED VIOLATION.
   §  4.  The  opening  paragraph of subdivision 1 of section 1803 of the
 vehicle and traffic law, as amended by chapter 385 of the laws of  1999,
 is amended to read as follows:
   Except  as  otherwise  provided  in  subdivision  five  of section two
 hundred twenty-seven of this chapter, SECTION ELEVEN  HUNDRED  SEVENTY-A
 OF  THIS  CHAPTER,  SECTION SIXTEEN HUNDRED THIRTY-THREE OF THIS CHAPTER
 and as provided in section eleven hundred ninety-seven of this  chapter,
 section  ninety of the state finance law and sections fourteen-f and one
 hundred forty  of  the  transportation  law,  all  fines  and  penalties
 collected  under  a sentence or judgment of conviction of a violation of

 S. 252                             10
 
 this chapter or of any act relating to the  use  of  highways  by  motor
 vehicles  or  trailers,  now  in  force  or  hereafter enacted, shall be
 distributed in the following manner:
   §  5. Section 1803 of the vehicle and traffic law is amended by adding
 a new subdivision 11 to read as follows:
   11. WHERE A COMMUTER RAILROAD ESTABLISHES A  RAILROAD  GRADE  CROSSING
 DEMONSTRATION  PROGRAM  PURSUANT TO SECTION SIXTEEN HUNDRED THIRTY-THREE
 OF THIS CHAPTER, ALL FINES, PENALTIES AND FORFEITURES COLLECTED PURSUANT
 TO SUCH SECTION SHALL BE PAID TO THE COUNTY, CITY, TOWN OR VILLAGE WITH-
 IN WHOSE JURISDICTION THE SUBJECT RAILROAD GRADE CROSSING IS LOCATED.
   § 6. 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  PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-A
 OF THE VEHICLE AND TRAFFIC LAW.
   § 7. This act shall take effect on the thirtieth day  after  it  shall
 have become a law, and shall expire and be deemed repealed 5 years after
 such effective date.