NY State Assembly Bill 2023-A10169B

Current Bill Status - In Assembly 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
May 20, 2024	print number 10169b
May 20, 2024	amend and recommit to transportation
May 16, 2024	print number 10169a
May 16, 2024	amend and recommit to transportation
May 10, 2024	referred to transportation

Bill Amendments

Original

B (Active)

2023-A10169 - Details

See Senate Version of this Bill:: S7064
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1174-b, V & T L

2023-A10169 - Summary

Permits the villages of Upper Brookville, Flower Hill, East Hampton, Westbury, Saddle Rock and Southampton located in Nassau and Suffolk county to adopt local laws to implement a demonstration program imposing monetary liability not to exceed fifty dollars on the owner of a vehicle for failure of an operator to comply with stop signs; permits such villages to install and operate stop sign photo violation monitoring systems as part of such demonstration program.

2023-A10169 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10169
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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  owner
   liability  for  failure  of  an  operator to comply with stop signs in
   designated villages located within the counties of Nassau and Suffolk

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   This act shall be known and may be cited as the "protect
 our pedestrians (POP) act".
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1174-b to read as follows:
   §  1174-B.  OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR A STOP
 SIGN IN THE VILLAGE OF UPPER BROOKVILLE, THE VILLAGE OF FLOWER  HILL  OR
 THE VILLAGE OF EAST HAMPTON (EACH, A "VILLAGE"). (A) NOTWITHSTANDING ANY
 OTHER  PROVISION OF LAW, ANY VILLAGE LOCATED WITHIN THE COUNTY OF NASSAU
 IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND  A  LOCAL  LAW  OR
 ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL-
 ITY  ON  THE  OWNER  OF  A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO
 COMPLY WITH SUBDIVISION (A) OF SECTION  ELEVEN  HUNDRED  SEVENTY-TWO  OF
 THIS  ARTICLE.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH VILLAGE TO
 INSTALL AND OPERATE STOP SIGN PHOTO VIOLATION MONITORING  SYSTEMS  WHICH
 MAY  BE  STATIONARY  OR MOBILE, AND WHICH MAY BE INSTALLED ON STOP SIGNS
 WITHIN THE BOUNDARIES OF SUCH VILLAGE.
   (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 STOP  SIGN  PHOTO  VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES
 THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF  THE  VEHI-
 CLE.   PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO
 THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH  OR  PHOTO-
 GRAPHS  ALLOW  FOR  THE IDENTIFICATION OF THE DRIVER, PASSENGERS, OR THE
 CONTENTS OF A VEHICLE, PROVIDED THAT SUCH VILLAGE HAS MADE A  REASONABLE
 EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (C)  IN  ANY  SUCH  VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
 PURSUANT TO SUBDIVISION (A) OF THIS SECTION,  THE  OWNER  OF  A  VEHICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11300-05-4
 A. 10169                            2

 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 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
 TION OBTAINED FROM A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM.
   (D)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "OWNER" SHALL HAVE THE MEANING AS DEFINED PURSUANT TO  SECTION  TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2.  "VILLAGE"  SHALL  MEAN  THE VILLAGE OF FLOWER HILL, THE VILLAGE OF
 UPPER BROOKVILLE OR THE VILLAGE OF EAST HAMPTON.
   3. "STOP SIGN PHOTO VIOLATION MONITORING SYSTEM" SHALL MEAN A  VEHICLE
 SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A STOP SIGN WHICH AUTOMAT-
 ICALLY 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  SUBDIVISION (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   4. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGEN-
 CY,  ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
 WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER  WHO  OPERATES
 HIS OR HER OWN VEHICLE.
   (E)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE VILLAGE IN WHICH THE CHARGED  VIOLATION  OCCURRED,  OR  A  FACSIMILE
 THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STOP SIGN  PHOTO  VIOLATION
 MONITORING  SYSTEM, 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 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION.
   (F) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION
 ELEVEN  HUNDRED  SEVENTY-TWO  OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR
 ORDINANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR  MONETARY
 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
 FORTH  IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER PURSU-
 ANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR  EACH  VIOLATION;
 PROVIDED,  HOWEVER,  THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN
 ADDITIONAL PENALTY  NOT  IN  EXCESS  OF  TWENTY-FIVE  DOLLARS  FOR  EACH
 VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
 PRESCRIBED TIME PERIOD.
   (G)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE 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.
   (H) 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  SUBDIVISION
 (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-TWO 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  SUBDIVISION
 (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO
 THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE  INVOLVED  IN  SUCH
 VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
 A. 10169                            3
 
 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 PERSONS 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 VILLAGE
 WHERE THE ALLEGED VIOLATION OCCURRED OR BY ANY OTHER  ENTITY  AUTHORIZED
 BY SUCH VILLAGE TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (I)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION THAT
 THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE  TIME
 THE  VIOLATION  OCCURRED  AND  HAD  NOT BEEN RECOVERED BY SUCH TIME. FOR
 PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL
 BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON  THE  STOLEN
 VEHICLE  BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU OR
 COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT  BE
 LIABLE  FOR  THE  VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE  TRAF-
 FIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
 LEASE  OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
 OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY  LEGI-
 BLE,  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
 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  SUBDIVISION,  THE
 LESSEE  OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
 BE THE OWNER OF SUCH VEHICLE FOR PURPOSES  OF  THIS  SECTION,  SHALL  BE
 SUBJECT  TO  LIABILITY  FOR  THE VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS
 SECTION.
   (L) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY-TWO  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 OPERATING SUCH VEHICLE WITH-
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
 STOP SIGN. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION
 THAT  THE  OPERATOR  OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE
 CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED  TO  OBEY  A  STOP
 SIGN.
 A. 10169                            4
 
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   (N) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
 VISION  (A)  OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
 RESULTS OF THE USE OF SUCH STOP SIGN PHOTO VIOLATION  MONITORING  SYSTEM
 TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT  SUCCEEDING  THE
 EFFECTIVE  DATE  OF THIS SECTION 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 STOP SIGN PHOTO VIOLATION
 MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE  A  STOP  SIGN PHOTO VIOLATION MONITORING SYSTEM IS
 USED FOR THE THREE YEARS 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 STOP SIGN PHOTO  VIOLATION  MONITORING  SYSTEM  IS
 USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE STOP SIGN
 PHOTO  VIOLATION  MONITORING  SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT
 THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND NUMBER  OF  VIOLATIONS  RECORDED  AT  EACH
 INTERSECTION WHERE A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM IS USED
 AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH INTERSECTION WHERE A STOP  SIGN  PHOTO  VIOLATION
 MONITORING SYSTEM IS USED;
   6.  THE  NUMBER  OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
 FIRST NOTICE OF LIABILITY;
   7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS  OF
 SUCH   ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL  BE  PROVIDED  AT  LEAST
 ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
 SUCH ADJUDICATIONS;
   8.  THE  TOTAL  AMOUNT  OF  REVENUE REALIZED BY SUCH VILLAGE FROM SUCH
 ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH  VILLAGE
 FOR EACH YEAR SINCE DEPLOYMENT OF ITS STOP SIGN PHOTO VIOLATION MONITOR-
 ING SYSTEM;
   9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED AT LEAST ANNUALLY TO SUCH  VILLAGE  BY  THE  RESPECTIVE  COURTS
 CONDUCTING SUCH ADJUDICATIONS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2023-A10169A - Details

See Senate Version of this Bill:: S7064
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1174-b, V & T L

2023-A10169A - Summary

2023-A10169A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10169--A
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
   read once and referred to the Committee on Transportation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
   liability  for  failure  of  an  operator to comply with stop signs in
   designated villages located within the counties of Nassau and Suffolk
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   This act shall be known and may be cited as the "protect
 our pedestrians (POP) act".
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1174-b to read as follows:
   §  1174-B.  OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR A STOP
 SIGN IN THE VILLAGE OF UPPER BROOKVILLE, THE VILLAGE OF FLOWER  HILL  OR
 THE VILLAGE OF EAST HAMPTON (EACH, A "VILLAGE"). (A) NOTWITHSTANDING ANY
 OTHER  PROVISION OF LAW, ANY VILLAGE LOCATED WITHIN THE COUNTY OF NASSAU
 OR THE COUNTY OF SUFFOLK IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
 AMEND A LOCAL LAW OR  ORDINANCE  ESTABLISHING  A  DEMONSTRATION  PROGRAM
 IMPOSING  MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
 OPERATOR THEREOF TO  COMPLY  WITH  SUBDIVISION  (A)  OF  SECTION  ELEVEN
 HUNDRED  SEVENTY-TWO  OF  THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL
 EMPOWER SUCH VILLAGE TO INSTALL AND OPERATE STOP  SIGN  PHOTO  VIOLATION
 MONITORING  SYSTEMS  WHICH MAY BE STATIONARY OR MOBILE, AND WHICH MAY BE
 INSTALLED ON STOP SIGNS WITHIN THE BOUNDARIES OF SUCH VILLAGE.
   (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 STOP  SIGN  PHOTO  VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES
 THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF  THE  VEHI-
 CLE.   PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO
 THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH  OR  PHOTO-
 GRAPHS  ALLOW  FOR  THE IDENTIFICATION OF THE DRIVER, PASSENGERS, OR THE
 CONTENTS OF A VEHICLE, PROVIDED THAT SUCH VILLAGE HAS MADE A  REASONABLE
 EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11300-07-4
 A. 10169--A                         2
 
   (C)  IN  ANY  SUCH  VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
 PURSUANT TO SUBDIVISION (A) 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 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
 TION OBTAINED FROM A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM.
   (D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL HAVE THE MEANING AS DEFINED PURSUANT TO SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2. "VILLAGE" SHALL MEAN THE VILLAGE OF FLOWER  HILL,  THE  VILLAGE  OF
 UPPER BROOKVILLE OR THE VILLAGE OF EAST HAMPTON.
   3.  "STOP SIGN PHOTO VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
 SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A STOP SIGN WHICH  AUTOMAT-
 ICALLY 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  SUBDIVISION  (A)  OF  SECTION  ELEVEN
 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   4.  "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
 CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A  VEHICLE
 WITH  OR  WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
 SUCH OWNER'S OWN VEHICLE.
   (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  VILLAGE  IN  WHICH  THE  CHARGED VIOLATION OCCURRED, OR A FACSIMILE
 THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDE-
 OTAPE  OR  OTHER RECORDED IMAGES PRODUCED BY A STOP SIGN PHOTO VIOLATION
 MONITORING SYSTEM, 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 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION.
   (F)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO A  LOCAL  LAW  OR
 ORDINANCE  ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
 FORTH IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER  PURSU-
 ANT  TO  THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION;
 PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE  FOR  AN
 ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF  TWENTY-FIVE  DOLLARS  FOR EACH
 VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
 PRESCRIBED TIME PERIOD.
   (G) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  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.
   (H) 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 SUBDIVISION
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO 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 SUBDIVISION
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS  ARTICLE  PURSUANT  TO
 A. 10169--A                         3
 
 THIS  SECTION,  THE  REGISTRATION 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  SUCH  PERSON  MAY
 CONTEST  THE  LIABILITY  ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
 SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS 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.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE VILLAGE
 WHERE THE ALLEGED VIOLATION OCCURRED OR BY ANY OTHER  ENTITY  AUTHORIZED
 BY SUCH VILLAGE TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (I)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION THAT
 THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE  TIME
 THE  VIOLATION  OCCURRED  AND  HAD  NOT BEEN RECOVERED BY SUCH TIME. FOR
 PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL
 BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON  THE  STOLEN
 VEHICLE  BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU OR
 COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT  BE
 LIABLE  FOR  THE  VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, PROVIDED THAT SUCH OWNER SENDS TO THE TRAF-
 FIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
 LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE  DATE
 OF  THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
 BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU  OR
 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 SUBDIVISION, THE
 LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED  TO
 BE  THE  OWNER  OF  SUCH  VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
 SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION  (A)  OF  SECTION
 ELEVEN  HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF  THIS
 SECTION.
   (L)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO 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 OPERATING SUCH VEHICLE WITH-
 OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
 STOP SIGN. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION
 THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH  VEHICLE  WITH  THE
 A. 10169--A                         4
 
 CONSENT  OF  THE  OWNER  AT THE TIME SUCH OPERATOR FAILED TO OBEY A STOP
 SIGN.
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   (N) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
 VISION  (A)  OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
 RESULTS OF THE USE OF SUCH STOP SIGN PHOTO VIOLATION  MONITORING  SYSTEM
 TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT  SUCCEEDING  THE
 EFFECTIVE  DATE  OF THIS SECTION 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 STOP SIGN PHOTO VIOLATION
 MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE  A  STOP  SIGN PHOTO VIOLATION MONITORING SYSTEM IS
 USED FOR THE THREE YEARS 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 STOP SIGN PHOTO  VIOLATION  MONITORING  SYSTEM  IS
 USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE STOP SIGN
 PHOTO  VIOLATION  MONITORING  SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT
 THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND NUMBER  OF  VIOLATIONS  RECORDED  AT  EACH
 INTERSECTION WHERE A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM IS USED
 AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH INTERSECTION WHERE A STOP  SIGN  PHOTO  VIOLATION
 MONITORING SYSTEM IS USED;
   6.  THE  NUMBER  OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
 FIRST NOTICE OF LIABILITY;
   7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS  OF
 SUCH   ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL  BE  PROVIDED  AT  LEAST
 ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
 SUCH ADJUDICATIONS;
   8.  THE  TOTAL  AMOUNT  OF  REVENUE REALIZED BY SUCH VILLAGE FROM SUCH
 ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH  VILLAGE
 FOR EACH YEAR SINCE DEPLOYMENT OF ITS STOP SIGN PHOTO VIOLATION MONITOR-
 ING SYSTEM;
   9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED AT LEAST ANNUALLY TO SUCH  VILLAGE  BY  THE  RESPECTIVE  COURTS
 CONDUCTING SUCH ADJUDICATIONS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

2023-A10169B (ACTIVE) - Details

See Senate Version of this Bill:: S7064
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1174-b, V & T L

2023-A10169B (ACTIVE) - Summary

2023-A10169B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10169--B
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
   read once and referred to the Committee on Transportation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  vehicle  and  traffic law, in relation to owner
   liability for failure of an operator to  comply  with  stop  signs  in
   designated villages located within the counties of Nassau and Suffolk
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as  the  "protect
 our pedestrians (POP) act".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1174-b to read as follows:
   § 1174-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR  A  STOP
 SIGN IN THE VILLAGE OF UPPER BROOKVILLE, THE VILLAGE OF FLOWER HILL, THE
 VILLAGE  OF EAST HAMPTON, THE VILLAGE OF WESTBURY, THE VILLAGE OF SADDLE
 ROCK OR THE VILLAGE OF SOUTHAMPTON (EACH,  A  "VILLAGE").  (A)  NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF  LAW, ANY VILLAGE LOCATED WITHIN THE
 COUNTY OF NASSAU OR THE COUNTY  OF  SUFFOLK  IS  HEREBY  AUTHORIZED  AND
 EMPOWERED  TO  ADOPT  AND  AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A
 DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
 VEHICLE  FOR  FAILURE  OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.  SUCH  DEMON-
 STRATION  PROGRAM SHALL EMPOWER SUCH VILLAGE TO INSTALL AND OPERATE STOP
 SIGN PHOTO VIOLATION MONITORING  SYSTEMS  WHICH  MAY  BE  STATIONARY  OR
 MOBILE,  AND  WHICH MAY BE INSTALLED ON STOP SIGNS WITHIN THE BOUNDARIES
 OF SUCH VILLAGE.
   (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
 STOP  SIGN  PHOTO  VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES
 THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF  THE  VEHI-
 CLE.   PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO
 THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH  OR  PHOTO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11300-11-4
 A. 10169--B                         2

 GRAPHS  ALLOW  FOR  THE IDENTIFICATION OF THE DRIVER, PASSENGERS, OR THE
 CONTENTS OF A VEHICLE, PROVIDED THAT SUCH VILLAGE HAS MADE A  REASONABLE
 EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (C)  IN  ANY  SUCH  VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
 PURSUANT TO SUBDIVISION (A) 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 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
 TION OBTAINED FROM A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM.
   (D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL HAVE THE MEANING AS DEFINED PURSUANT TO SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2. "VILLAGE" SHALL MEAN THE VILLAGE OF FLOWER  HILL,  THE  VILLAGE  OF
 UPPER  BROOKVILLE, THE VILLAGE OF EAST HAMPTON, THE VILLAGE OF WESTBURY,
 THE VILLAGE OF SADDLE ROCK OR THE VILLAGE OF SOUTHAMPTON.
   3. "STOP SIGN PHOTO VIOLATION MONITORING SYSTEM" SHALL MEAN A  VEHICLE
 SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A STOP SIGN WHICH AUTOMAT-
 ICALLY 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  SUBDIVISION (A) OF SECTION ELEVEN
 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   4. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGEN-
 CY,  ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
 WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER  WHO  OPERATES
 SUCH OWNER'S OWN VEHICLE.
   (E)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE VILLAGE IN WHICH THE CHARGED  VIOLATION  OCCURRED,  OR  A  FACSIMILE
 THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STOP SIGN  PHOTO  VIOLATION
 MONITORING  SYSTEM, 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 A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION.
   (F) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION
 ELEVEN  HUNDRED  SEVENTY-TWO  OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR
 ORDINANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR  MONETARY
 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
 FORTH  IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER PURSU-
 ANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR  EACH  VIOLATION;
 PROVIDED,  HOWEVER,  THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN
 ADDITIONAL PENALTY  NOT  IN  EXCESS  OF  TWENTY-FIVE  DOLLARS  FOR  EACH
 VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
 PRESCRIBED TIME PERIOD.
   (G)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE 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.
   (H) 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  SUBDIVISION
 (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO
 THIS SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT  BE  REQUIRED.  A
 A. 10169--B                         3
 
 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  SUBDIVISION
 (A)  OF  SECTION  ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO
 THIS SECTION, THE REGISTRATION 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 SUCH PERSON MAY
 CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH  NOTICE  OF  LIABILITY
 SHALL  ALSO CONTAIN A WARNING TO ADVISE THE PERSONS 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.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE VILLAGE
 WHERE  THE  ALLEGED VIOLATION OCCURRED OR BY ANY OTHER ENTITY AUTHORIZED
 BY SUCH VILLAGE TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION THAT
 THE  VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME
 THE VIOLATION OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH  TIME.  FOR
 PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL
 BE  SUFFICIENT  THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
 VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU  OR
 COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY  WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE
 LIABLE FOR THE VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN  HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, PROVIDED THAT SUCH OWNER SENDS TO THE TRAF-
 FIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
 LEASE  OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
 OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY  LEGI-
 BLE,  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
 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  SUBDIVISION,  THE
 LESSEE  OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
 BE THE OWNER OF SUCH VEHICLE FOR PURPOSES  OF  THIS  SECTION,  SHALL  BE
 SUBJECT  TO  LIABILITY  FOR  THE VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS
 SECTION.
   (L) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY-TWO  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.
 A. 10169--B                         4
 
   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 OPERATING SUCH VEHICLE WITH-
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
 STOP SIGN. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION
 THAT  THE  OPERATOR  OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE
 CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED  TO  OBEY  A  STOP
 SIGN.
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   (N) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
 VISION  (A)  OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
 RESULTS OF THE USE OF SUCH STOP SIGN PHOTO VIOLATION  MONITORING  SYSTEM
 TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT  SUCCEEDING  THE
 EFFECTIVE  DATE  OF THIS SECTION 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 STOP SIGN PHOTO VIOLATION
 MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE  A  STOP  SIGN PHOTO VIOLATION MONITORING SYSTEM IS
 USED FOR THE THREE YEARS 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 STOP SIGN PHOTO  VIOLATION  MONITORING  SYSTEM  IS
 USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE STOP SIGN
 PHOTO  VIOLATION  MONITORING  SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT
 THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND NUMBER  OF  VIOLATIONS  RECORDED  AT  EACH
 INTERSECTION WHERE A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM IS USED
 AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5.  THE  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH INTERSECTION WHERE A STOP  SIGN  PHOTO  VIOLATION
 MONITORING SYSTEM IS USED;
   6.  THE  NUMBER  OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
 FIRST NOTICE OF LIABILITY;
   7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS  OF
 SUCH   ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL  BE  PROVIDED  AT  LEAST
 ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
 SUCH ADJUDICATIONS;
   8.  THE  TOTAL  AMOUNT  OF  REVENUE REALIZED BY SUCH VILLAGE FROM SUCH
 ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH  VILLAGE
 FOR EACH YEAR SINCE DEPLOYMENT OF ITS STOP SIGN PHOTO VIOLATION MONITOR-
 ING SYSTEM;
   9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED AT LEAST ANNUALLY TO SUCH  VILLAGE  BY  THE  RESPECTIVE  COURTS
 CONDUCTING SUCH ADJUDICATIONS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Assembly Bill A10169B

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

2023-A10169 - Details

2023-A10169 - Summary

2023-A10169 - Bill Text download pdf

2023-A10169A - Details

2023-A10169A - Summary

2023-A10169A - Bill Text download pdf

co-Sponsors

2023-A10169B (ACTIVE) - Details

2023-A10169B (ACTIVE) - Summary

2023-A10169B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A10169B

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Sponsored By

THIELE

Current Bill Status - In Assembly Committee

Bill Amendments

2023-A10169 - Details

2023-A10169 - Summary

2023-A10169 - Bill Text download pdf

2023-A10169A - Details

2023-A10169A - Summary

2023-A10169A - Bill Text download pdf

co-Sponsors

Gina Sillitti

2023-A10169B (ACTIVE) - Details

2023-A10169B (ACTIVE) - Summary

2023-A10169B (ACTIVE) - Bill Text download pdf

Comments