S T A T E   O F   N E W   Y O R K
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                                   2699
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   a school speed zone camera demonstration program in the village of Old
   Westbury
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1180-f to read as follows:
   § 1180-F. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS; VILLAGE OF OLD WESTBURY.  (A) DEFI-
 NITIONS.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   1. "HEARING EXAMINER" SHALL MEAN THE ADJUDICATOR OF AN  ADMINISTRATIVE
 TRIBUNAL  ESTABLISHED  TO ADJUDICATE THE LIABILITY OF OWNERS OF VEHICLES
 CAPTURED BY A SPEED CAMERA SYSTEM VIOLATING THE SPEED LIMIT IN A  SCHOOL
 SPEED  ZONE  DURING A STUDENT ACTIVITY PERIOD OR A TOWN OR VILLAGE COURT
 JUDGE ADJUDICATING SUCH LIABILITY.
   2. "IMAGE" SHALL MEAN  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE,  OR
 OTHER RECORDED IMAGE PRODUCED BY A SPEED CAMERA SYSTEM.
   3.  "MANUAL  ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
 THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM  OF  TRAFFIC  CONTROL
 DEVICES  MAINTAINED  BY  THE  COMMISSIONER OF TRANSPORTATION PURSUANT TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
   4. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
 CHAPTER.
   5. "SPEED CAMERA SYSTEM" SHALL MEAN A VEHICLE SENSOR INSTALLED TO WORK
 IN CONJUNCTION WITH A SPEED MEASURING DEVICE WHICH AUTOMATICALLY PRODUC-
 ES 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 A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06917-01-3
              

 A. 2699                             2
 
 (G)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN ACCORDANCE WITH
 THE PROVISIONS OF THIS SECTION.
   6.  "SCHOOL  SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU-
 SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A  SCHOOL  BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
   7.  "STUDENT  ACTIVITY  PERIOD"  SHALL  MEAN (I) ON SCHOOL DAYS DURING
 SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL DAY;  AND
 (II) DURING PERIODS OF STUDENT ACTIVITIES AT THE SCHOOL AND UP TO THIRTY
 MINUTES  IMMEDIATELY  BEFORE  AND UP TO THIRTY MINUTES IMMEDIATELY AFTER
 SUCH STUDENT ACTIVITIES.
   8. "THE VILLAGE" SHALL MEAN THE VILLAGE OF OLD WESTBURY.
   (B) SPEED CAMERA DEMONSTRATION PROGRAM. 1. NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, THE VILLAGE IS HEREBY AUTHORIZED TO ESTABLISH A DEMON-
 STRATION  PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
 FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED SPEED LIMITS IN
 A SCHOOL ZONE WITHIN THE VILLAGE DURING STUDENT ACTIVITY  PERIODS.  SUCH
 DEMONSTRATION  PROGRAM  SHALL EMPOWER THE VILLAGE TO INSTALL AND OPERATE
 SPEED CAMERA SYSTEMS WITHIN NO MORE THAN NINE SCHOOL SPEED ZONES AT  ANY
 ONE TIME. IN SELECTING A SCHOOL SPEED ZONE IN WHICH TO INSTALL AND OPER-
 ATE  A  SPEED CAMERA SYSTEM, THE VILLAGE SHALL CONSIDER CRITERIA INCLUD-
 ING, BUT NOT LIMITED TO THE SPEED DATA, CRASH HISTORY, AND  THE  ROADWAY
 GEOMETRY APPLICABLE TO SUCH SCHOOL SPEED ZONE.
   (C) PROGRAM REQUIREMENTS. 1. NO SPEED CAMERA SYSTEM SHALL BE USED IN A
 SCHOOL  SPEED  ZONE  UNLESS:  (I)  ON  THE  DAY  IT IS TO BE USED IT HAS
 SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDER-
 GONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF
 THIS SUBDIVISION.
   2. PRIOR TO OPERATING THE  SPEED  CAMERA  SYSTEM,  THE  VILLAGE  SHALL
 INSTALL  WARNING SIGNS OF THE CAMERA USE IN SUCH SCHOOL SPEED ZONE. SUCH
 SIGNS SHALL COMPLY WITH MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
   3. OPERATORS OF SPEED CAMERA SYSTEMS SHALL HAVE COMPLETED TRAINING  IN
 THE PROCEDURES FOR SETTING UP, TESTING, AND OPERATING SUCH SYSTEMS. EACH
 SUCH  OPERATOR  SHALL COMPLETE AND SIGN A DAILY SET-UP LOG FOR EACH SUCH
 SYSTEM THAT: (I) STATES THE DATE AND TIME WHEN, AND THE LOCATION  WHERE,
 THE  SYSTEM  WAS  SET  UP  THAT  DAY; AND (II) STATES THAT SUCH OPERATOR
 SUCCESSFULLY PERFORMED, AND THE SYSTEM PASSED, THE  SELF-TESTS  OF  SUCH
 SYSTEM.  THE VILLAGE SHALL RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF
 THE DATE ON WHICH SUCH SYSTEM HAS BEEN PERMANENTLY REMOVED OR THE  FINAL
 RESOLUTION OF ALL CASES INVOLVING SUCH SYSTEM.
   4.  EACH SPEED CAMERA SYSTEM SHALL UNDERGO AN ANNUAL CALIBRATION CHECK
 PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL  ISSUE  A
 SIGNED  CERTIFICATE  OF  CALIBRATION.  THE  VILLAGE SHALL KEEP EACH SUCH
 ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION  OF
 ALL CASES INVOLVING SUCH SYSTEM.
   5.  (I)  IMAGES  FROM A SPEED CAMERA SYSTEM SHALL BE FOR THE EXCLUSIVE
 PURPOSE OF THE  ADJUDICATION  OF  LIABILITY  IMPOSED  PURSUANT  TO  THIS
 SECTION  AND SHALL BE DESTROYED BY THE VILLAGE UPON THE FINAL RESOLUTION
 OF LIABILITY TO WHICH SUCH IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE
 OF ISSUANCE OF A NOTICE OF LIABILITY, WHICHEVER IS LATER.
   (II) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,  RULE  OR  REGU-
 LATION  TO  THE CONTRARY, IMAGES FROM A SPEED CAMERA SYSTEM SHALL NOT BE
 AVAILABLE TO THE PUBLIC, SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOV-
 ERY, USED IN ANY JUDICIAL OR ADMINISTRATIVE ACTION OR  PROCEEDING  OTHER
 THAN  IN ACCORDANCE WITH THIS SECTION, SUBJECT TO FREEDOM OF INFORMATION
 LAWS, PROVIDED THAT THE VILLAGE SHALL DISCLOSE SUCH IMAGES:
   (A) TO THE DEFENDANT IN ANY SPEED ZONE VIOLATION PROCEEDING;
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   (B) IN RESPONSE TO A SEARCH WARRANT ISSUED PURSUANT  TO  THE  CRIMINAL
 PROCEDURE  LAW OR FEDERAL LAW THAT STATES THAT THERE IS REASONABLE CAUSE
 TO BELIEVE SUCH IMAGES CONSTITUTE EVIDENCE OF A  MISDEMEANOR  OR  FELONY
 OFFENSE; AND
   (C)  IN  RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY A JUDGE PURSUANT
 TO THE CRIMINAL PROCEDURE LAW OR FEDERAL LAW WHERE THERE  IS  REASONABLE
 CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO THE PROSE-
 CUTION,  OR  THE  DEFENSE,  OR  THE  INVESTIGATION  BY AN AUTHORIZED LAW
 ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR.
   (D) FINES FOR VIOLATIONS. (I) AN OWNER OR OPERATOR  WHO  VIOLATES  THE
 SPEED  LIMIT IN A SCHOOL SPEED ZONE DURING A STUDENT ACTIVITY PERIOD AND
 SUCH VIOLATION IS CAPTURED BY A SPEED CAMERA SYSTEM SHALL BE LIABLE  FOR
 A  FINE PURSUANT TO A SCHEDULE PROMULGATED BY THE VILLAGE, NOT TO EXCEED
 FIFTY DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY NOT TO EXCEED
 TWENTY-FIVE DOLLARS FOR EACH FAILURE TO RESPOND TIMELY TO  A  NOTICE  OF
 LIABILITY.
   (II) NO OWNER SHALL BE LIABLE FOR SUCH FINE WHERE:
   (A)  THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING
 VIOLATION;
   (B) THE VEHICLE OR THE LICENSE PLATE OF SUCH VEHICLE WAS STOLEN AT THE
 TIME OF THE VIOLATION;
   (C) THE OWNER OF SUCH VEHICLE ESTABLISHES BY A  PREPONDERANCE  OF  THE
 EVIDENCE  THAT SUCH OWNER WAS NOT DRIVING THE VEHICLE AT THE TIME OF THE
 VIOLATION;
   (D) THE OWNER OF SUCH VEHICLE LEASES SUCH VEHICLE TO  A  THIRD  PARTY,
 PROVIDED  THAT SUCH OWNER NOTIFIES THE VILLAGE, WITHIN THIRTY-SEVEN DAYS
 AFTER RECEIVING NOTICE OF LIABILITY, OF THE  NAME  AND  ADDRESS  OF  THE
 LESSEE  OF SUCH VEHICLE. THEREAFTER, THE LESSEE OF SUCH VEHICLE SHALL BE
 DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR THE PURPOSES OF THIS SECTION;
 OR
   (E) THE OWNER ESTABLISHES THAT SUCH CAMERA SYSTEM  WAS  MALFUNCTIONING
 AT  THE  TIME  OF THE ALLEGED VIOLATION.  THE VILLAGE SHALL UPON REQUEST
 MAKE SUCH CAMERA AVAILABLE TO THE OWNER  FOR  A  CALIBRATION    ANALYSIS
 PERFORMED  BY  AN  INDEPENDENT  ENTITY. THE REASONABLE COST OF COMPLYING
 WITH SUCH A REQUEST, NOT TO EXCEED THE ACTUAL COST THEREOF,  SHALL    BE
 PAID  BY  THE OWNER.
   (III)  A  FINE  IMPOSED  BASED ON THE SPEED CAMERA SYSTEM SHALL NOT BE
 DEEMED A SPEEDING CONVICTION, MADE PART OF THE OPERATING RECORD OF  SUCH
 PERSON, OR CONSIDERED IN DETERMINING MOTOR VEHICLE INSURANCE PREMIUMS.
   (IV)  NOTWITHSTANDING  SECTION  EIGHTEEN HUNDRED NINE OF THIS CHAPTER,
 THERE SHALL BE NO SURCHARGE LEVIED  FOR  AN  ADJUDICATION  OF  LIABILITY
 UNDER THIS SECTION.
   (E)  PROCEDURE FOR ENFORCEMENT; TRIBUNAL. 1. THE VILLAGE, OR AN ENTITY
 AUTHORIZED BY THE VILLAGE, SHALL PREPARE AND SEND BY FIRST CLASS MAIL  A
 NOTICE  OF  LIABILITY  TO  EACH  OWNER  OF A VEHICLE CAPTURED BY A SPEED
 CAMERA SYSTEM VIOLATING THE SPEED LIMIT IN A SCHOOL SPEED ZONE DURING  A
 STUDENT  ACTIVITY PERIOD, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
 A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE  BUSINESS  DAYS  IF  SUCH
 OWNER  IS  A  NON-RESIDENT.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
 REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE  ORDI-
 NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF SUCH MAILING.
   THE NOTICE OF LIABILITY SHALL:
   (I) CONTAIN THE NAME AND ADDRESS OF THE OWNER, THE REGISTRATION NUMBER
 OF THE VEHICLE, THE LOCATION OF THE VIOLATION, THE DATE AND TIME OF SUCH
 VIOLATION,  THE  IDENTIFICATION  NUMBER  OF THE CAMERA OR OTHER DOCUMENT
 A. 2699                             4
 
 LOCATOR NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE VEHICLE
 THAT INCLUDE THE SAME STATIONARY OBJECT;
   (II)  INCLUDE  A  CERTIFICATE  SWORN  TO  OR  AFFIRMED BY A TECHNICIAN
 EMPLOYED BY THE VILLAGE, BASED UPON INSPECTION OF IMAGES PRODUCED BY THE
 SPEED CAMERA SYSTEM, DOCUMENTING THE ALLEGED VIOLATION. SUCH CERTIFICATE
 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN;
   (III) ADVISE THE OWNER OF THE MANNER AND THE TIME IN WHICH HE  OR  SHE
 MAY CONTEST LIABILITY; AND
   (IV)  CONTAIN  A  PROMINENT  WARNING THAT FAILURE TO CONTEST LIABILITY
 SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT  A  DEFAULT  JUDGMENT
 MAY BE ENTERED THEREON.
   2.  (I) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE VILLAGE
 IS AUTHORIZED EITHER:
   (A) TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE  LIABIL-
 ITY  OF  OWNERS  OF VEHICLES CAPTURED BY A SPEED CAMERA SYSTEM VIOLATING
 THE SPEED LIMIT IN A SCHOOL SPEED ZONE DURING A STUDENT ACTIVITY PERIOD;
 OR
   (B) TO DESIGNATE SUCH PROCESS TO A LOCAL VILLAGE OR TOWN COURT SUBJECT
 TO THE RULES ESTABLISHED BY THIS PARAGRAPH.
   (II) THE VILLAGE SHALL NOT ISSUE ANY NOTICE OF FINE OR  PENALTY  PRIOR
 TO  THE  DATE  OF  THE  HEARING  WHERE LIABILITY IS BEING CONTESTED BY A
 PERSON.
   (III) EVERY HEARING SHALL BE HELD BEFORE A HEARING EXAMINER IN ACCORD-
 ANCE WITH RULES AND REGULATIONS PROMULGATED BY THE VILLAGE.
   (IV) THE HEARING EXAMINER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE,
 EXCEPT RULES RELATING TO PRIVILEGED COMMUNICATIONS.
   (V) NO LIABILITY MAY BE ESTABLISHED EXCEPT UPON PROOF  BY  SUBSTANTIAL
 EVIDENCE.
   (VI)  THE  HEARING EXAMINER SHALL, UPON A SHOWING OF GOOD CAUSE BY THE
 DEFENDANT, ISSUE A SUBPOENA  COMPELLING  THE  ATTENDANCE  OF  THE  SPEED
 CAMERA SYSTEMS OPERATOR WHO SIGNED THE DAILY SET-UP LOG FOR SUCH SYSTEM,
 AND  A  SUBPOENA  DUCES TECUM FOR ANY DOCUMENT OR RECORD RELEVANT TO THE
 CHARGES.
   (VII) THE HEARING EXAMINER SHALL NOT CONSIDER ANY RECORD OF ANY  PRIOR
 VIOLATIONS.
   (VIII)  A  RECORD SHALL BE MADE OF EACH HEARING; RECORDING DEVICES MAY
 BE USED FOR THE MAKING OF THE RECORD.
   (IX) THE HEARING EXAMINER SHALL MAKE A DETERMINATION ON  THE  CHARGES.
 FINAL  DETERMINATIONS  SHALL  BE  ENTERED  ON  A  ROLL MAINTAINED BY THE
 VILLAGE TOGETHER WITH RECORDS SHOWING PAYMENT AND NONPAYMENT  OF  PENAL-
 TIES.
   (X)  A  JUDGMENT  ENTERED  PURSUANT  TO THE PROVISIONS OF THIS SECTION
 SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
   3. WHERE AN OWNER FAILS TO CONTEST LIABILITY OR FAILS TO APPEAR  ON  A
 DESIGNATED  HEARING  DATE  OR SUBSEQUENT ADJOURNED DATE, SUCH FAILURE TO
 CONTEST OR APPEAR SHALL BE DEEMED, FOR ALL  PURPOSES,  AN  ADMISSION  OF
 LIABILITY  AND  SHALL  BE  GROUNDS  FOR RENDERING AND ENTERING A DEFAULT
 JUDGMENT IN AN AMOUNT PROVIDED BY  THE  RULES  AND  REGULATIONS  OF  THE
 VILLAGE.
   (F)  STUDY  AND  REPORT. IF THE VILLAGE ADOPTS A DEMONSTRATION PROGRAM
 PURSUANT TO SUBDIVISION (A) OF THIS SECTION, IT SHALL  CONDUCT  A  STUDY
 AND  SUBMIT  A  REPORT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND  THE  MINORITY LEADER OF THE ASSEMBLY ON JANUARY FIRST OF EACH YEAR.
 SUCH REPORT SHALL INCLUDE:
   1. THE LOCATIONS WHERE AND DATES WHEN SPEED CAMERA SYSTEMS WERE USED;
 A. 2699                             5
 
   2. A COMPARISON OF THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES,
 FATALITIES, INJURIES AND PROPERTY  DAMAGE  REPORTED  WITHIN  ALL  SCHOOL
 SPEED  ZONES  AND WITHIN THE VILLAGE AND WITHIN SCHOOL SPEED ZONES WHERE
 SPEED CAMERA SYSTEMS WERE USED WITHIN THE VILLAGE,  TO  THE  EXTENT  THE
 INFORMATION  IS  MAINTAINED  BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS
 STATE;
   3. A COMPARISON OF THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL
 SPEED ZONES WITHIN THE VILLAGE AND  SCHOOL  SPEED  ZONE  WHERE  A  SPEED
 CAMERA  SYSTEM WAS USED WITHIN THE VILLAGE, IN THE AGGREGATE ON A DAILY,
 WEEKLY AND MONTHLY BASIS WHERE THE VEHICLE  EXCEEDED  THE  POSTED  SPEED
 LIMIT BY:
   (I) LESS THAN TEN MILES PER HOUR;
   (II) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR;
   (III) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR; AND
   (IV) MORE THAN THIRTY MILES PER HOUR;
   4.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEMS; AND
   6.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY THE VILLAGE IN CONNECTION
 WITH THE PROGRAM.
   § 2. This act shall take effect immediately; provided,  however,  that
 the authorization for the demonstration program shall be suspended imme-
 diately  in  the event that the report required under subdivision (f) of
 section 1180-f of the vehicle and traffic law is  not  submitted  on  or
 before  January  1  of each year, pending the submission of such report;
 and provided, further, that the village of Old Westbury shall notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of   the
 submission  of such report, 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 effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.