S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6687--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- 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 and the public officers law,
   in  relation to authorizing the city of Syracuse 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 maximum speed
   limits in a school speed zone; and providing for the  repeal  of  such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1180-f to read as follows:
   §  1180-F.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW, THE CITY OF SYRACUSE IS HEREBY AUTHORIZED TO ESTABLISH
 A  DEMONSTRATION  PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
 SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN SUCH CITY (I) WHEN  A  SCHOOL
 SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDI-
 VISION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN
 OTHER  SPEED  LIMITS  ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D),
 (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  DURING  THE
 FOLLOWING  TIMES:  (A)  ON  SCHOOL DAYS DURING SCHOOL HOURS AND ONE HOUR
 BEFORE AND ONE HOUR AFTER THE  SCHOOL  DAY,  AND  (B)  A  PERIOD  DURING
 STUDENT  ACTIVITIES  AT  THE SCHOOL AND UP TO THIRTY MINUTES IMMEDIATELY
 BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY AFTER  SUCH  STUDENT  ACTIV-
 ITIES.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY OF SYRACUSE TO
 INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS  WITHIN  NO  MORE  THAN
 THIRTY-FOUR  SCHOOL  SPEED ZONES WITHIN SUCH CITY AT ANY ONE TIME AND TO
 OPERATE SUCH SYSTEMS WITHIN SUCH ZONES (III) WHEN A SCHOOL  SPEED  LIMIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11106-02-3
              

 A. 6687--A                          2
 
 IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF
 SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED
 LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G)  OF
 SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS  ARTICLE DURING THE FOLLOWING
 TIMES: (A) ON SCHOOL DAYS DURING SCHOOL HOURS AND ONE  HOUR  BEFORE  AND
 ONE  HOUR  AFTER  THE SCHOOL DAY, AND (B) A PERIOD DURING STUDENT ACTIV-
 ITIES AT THE SCHOOL AND UP TO THIRTY MINUTES IMMEDIATELY BEFORE  AND  UP
 TO  THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT ACTIVITIES. IN SELECT-
 ING A SCHOOL SPEED ZONE IN WHICH TO INSTALL AND OPERATE  A  PHOTO  SPEED
 VIOLATION MONITORING SYSTEM, THE CITY SHALL CONSIDER CRITERIA INCLUDING,
 BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND THE ROADWAY GEOM-
 ETRY APPLICABLE TO SUCH SCHOOL SPEED ZONE.
   2.  NO  PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM SHALL BE USED IN A
 SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
 FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE  AN
 ANNUAL  CALIBRATION  CHECK  PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS
 SUBDIVISION. THE CITY SHALL INSTALL SIGNS GIVING  NOTICE  THAT  A  PHOTO
 SPEED  VIOLATION  MONITORING  SYSTEM  IS IN USE TO BE MOUNTED ON ADVANCE
 WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING  SCHOOL
 SPEED  ZONE  AND/OR  ON  SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL
 SPEED ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
   3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING  SYSTEMS  SHALL  HAVE
 COMPLETED  TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
 ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN  A  DAILY
 SET-UP  LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES 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 BEFORE PRODUCING A
 RECORDED IMAGE THAT DAY. THE CITY SHALL RETAIN EACH SUCH DAILY LOG UNTIL
 THE LATER OF THE DATE ON WHICH  THE  PHOTO  SPEED  VIOLATION  MONITORING
 SYSTEM  TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR THE
 FINAL RESOLUTION OF ALL CASES  INVOLVING  NOTICES  OF  LIABILITY  ISSUED
 BASED  ON  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED
 IMAGES PRODUCED BY SUCH SYSTEM.
   4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
 AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION  LABORATORY
 WHICH  SHALL  ISSUE  A SIGNED CERTIFICATE OF CALIBRATION. THE CITY SHALL
 KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
 RESOLUTION OF ALL CASES INVOLVING A NOTICE OF  LIABILITY  ISSUED  DURING
 SUCH  YEAR  WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
 OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
 ING SYSTEM.
   5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
 TO ENSURE, TO THE  EXTENT  PRACTICABLE,  THAT  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
 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 SUCH A PHOTOGRAPH, MICROPHOTOGRAPH,
 VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION  OF  THE
 DRIVER, THE PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE CITY SHOWS
 THAT  IT  MADE  REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS
 PARAGRAPH IN SUCH CASE.
   (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR  ANY  OTHER  RECORDED
 IMAGE  FROM  A  PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
 EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
 A. 6687--A                          3
 
 ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
 OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL  BE  DESTROYED  BY  THE
 CITY  UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
 PHOTOGRAPHS,   MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES
 RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE  OF  SUCH  NOTICE  OF
 LIABILITY,  WHICHEVER  IS  LATER.  NOTWITHSTANDING THE PROVISIONS OF ANY
 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR  ANY  OTHER  RECORDED  IMAGE  FROM  A PHOTO SPEED
 VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
 TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR  USED  BY  ANY  COURT  OR
 ADMINISTRATIVE  OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
 EXCEPT THAT WHICH IS NECESSARY FOR  THE  ADJUDICATION  OF  A  NOTICE  OF
 LIABILITY  ISSUED  PURSUANT  TO  THIS  SECTION,  AND NO PUBLIC ENTITY OR
 EMPLOYEE, OFFICER OR AGENT  THEREOF  SHALL  DISCLOSE  SUCH  INFORMATION,
 EXCEPT  THAT  SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
 RECORDED IMAGES FROM SUCH SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
 AUTHORIZED  TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
 SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
 INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
 MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
 STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
 MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
 AGAINST THE LAWS OF THIS STATE; AND
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
 FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
 LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
 ACTION OR PROCEEDING.
   (B) IF THE CITY OF SYRACUSE ESTABLISHES A DEMONSTRATION PROGRAM PURSU-
 ANT  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, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION  (C)  OR
 DURING  THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
 IN VIOLATION OF SUBDIVISION (B), (D),  (F)  OR  (G)  OF  SECTION  ELEVEN
 A. 6687--A                          4
 
 HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
 MORE  THAN  TEN  MILES  PER  HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
 WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
 MATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED
 HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
 PURSUANT  TO  THIS  SECTION  WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
 CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D),  (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "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;
   2.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER;
   3. "PHOTO SPEED VIOLATION MONITORING  SYSTEM"  SHALL  MEAN  A  VEHICLE
 SENSOR  INSTALLED  TO  WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
 WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
 PHOTOGRAPHS, 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 (G) OF SECTION ELEVEN HUNDRED EIGHTY
 OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
   4. "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.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY  OF SYRACUSE, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
 PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED   IMAGES
 PRODUCED  BY  A  PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA
 FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY  PHOTOGRAPHS,  MICRO-
 PHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH A
 VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
 REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY  OBJECT  NEAR
 THE  MOTOR  VEHICLE  AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN
 ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (E)  AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  PURSUANT  TO  A
 DEMONSTRATION  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS SECTION SHALL BE
 LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
 PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
 OF SYRACUSE. THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL
 NOT  EXCEED  FIFTY  DOLLARS  FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT
 SUCH PARKING VIOLATIONS BUREAU 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.
   (F)  AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
 LISHED 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 SUBDIVISION
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
 CLE PURSUANT TO THIS SECTION, WITHIN  FOURTEEN  BUSINESS  DAYS  IF  SUCH
 A. 6687--A                          5
 
 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
 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
 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
 CLE 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, THE IDENTIFICATION NUMBER OF
 THE CAMERA WHICH  RECORDED  THE  VIOLATION  OR  OTHER  DOCUMENT  LOCATOR
 NUMBER,  AT  LEAST  TWO  DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
 MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY  OBJECT  NEAR  THE  MOTOR
 VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
   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 PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
 CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION  OF
 LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
 SYRACUSE,  OR  BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND
 MAIL SUCH NOTICE OF LIABILITY.
   (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS  SECTION
 SHALL BE BY THE CITY OF SYRACUSE PARKING VIOLATIONS BUREAU.
   (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
 OR PLATES OF SUCH VEHICLE WAS  REPORTED  TO  THE  POLICE  DEPARTMENT  AS
 HAVING  BEEN  STOLEN,  IT  SHALL  BE A VALID DEFENSE TO AN ALLEGATION OF
 LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF
 SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
 THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH 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 SUFFI-
 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
 OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
 THE  CITY  OF  SYRACUSE PARKING VIOLATIONS BUREAU OR BY ANY OTHER ENTITY
 AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (J) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS  SECTION
 SHALL BE BY THE CITY OF SYRACUSE PARKING VIOLATIONS BUREAU.
   (K)  1.  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 SUBDIVISION (B), (C), (D), (F) OR (G)
 OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS  ARTICLE PURSUANT TO THIS
 SECTION, PROVIDED THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
 VIOLATIONS  BUREAU  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH  BUREAU
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE  OF  THE  VEHICLE
 IDENTIFIED  IN  THE  NOTICE  OF LIABILITY AT THE TIME OF SUCH VIOLATION,
 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
 A. 6687--A                          6
 
 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY  SUCH
 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  IN
 THIS SECTION.
   3.  WHERE  THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
 THIS SUBDIVISION, THE LESSEE  OF  SUCH  VEHICLE  ON  THE  DATE  OF  SUCH
 VIOLATION  SHALL  BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT  TO
 SUBDIVISION (G) OF THIS SECTION.
   (L)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D)
 OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
 SECTION  WAS  NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME OF THE
 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
 THE OPERATOR.
   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 OPERATED SUCH
 VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS  SUBDIVISION
 THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
 ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
 TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (M)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (N) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
 (A) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT AN ANNUAL REPORT
 ON  THE  RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPO-
 RARY 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 DEMON-
 STRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE:
   1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
 SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  CRASHES,  FATALITIES,
 INJURIES  AND  PROPERTY  DAMAGE  REPORTED  WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE CITY, TO THE EXTENT THE  INFORMATION  IS  MAINTAINED  BY  THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN SCHOOL  SPEED  ZONES  WHERE
 PHOTO  SPEED  VIOLATION  MONITORING SYSTEMS WERE USED, TO THE EXTENT THE
 INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR  VEHICLES  OF  THIS
 STATE;
   4.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
 WITHIN THE CITY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   5. THE NUMBER OF VIOLATIONS RECORDED WITHIN  EACH  SCHOOL  SPEED  ZONE
 WHERE  A  PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGRE-
 GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   6. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
 WITHIN THE CITY THAT WERE:
   (I)  MORE  THAN  TEN  BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
 A. 6687--A                          7
 
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   7.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
   (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   8.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   11. THE TOTAL AMOUNT OF REVENUE REALIZED BY  THE  CITY  IN  CONNECTION
 WITH THE PROGRAM;
   12.  THE EXPENSES INCURRED BY THE CITY IN CONNECTION WITH THE PROGRAM;
 AND
   13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (B), (C), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  ARTICLE  PURSUANT  TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
 MONITORING  SYSTEM  WAS  MALFUNCTIONING  AT  THE  TIME  OF  THE  ALLEGED
 VIOLATION.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (s) to read as follows:
   (S)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  EIGHTY-F  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1180-f of the vehicle and  traffic  law,
 as  added by section one of this act, shall be subject to the provisions
 of section 103 of the general municipal law.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and shall expire December 31, 2028, when upon such
 date the provisions of this act  shall  be  deemed  repealed.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.