Assembly Bill A8902C

2023-2024 Legislative Session

Relates to owner liability for failure of an operator to comply with street cleaning parking rules

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Sponsored By

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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Bill Amendments

2023-A8902 - Details

See Senate Version of this Bill:
S8756
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §87, Pub Off L

2023-A8902 - Summary

Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.

2023-A8902 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8902
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- 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 street cleaning-
   related local law or traffic regulations; to amend the public officers
   law, in relation to access to  records  prepared  pursuant  to  street
   cleaning-related  local  law  or  traffic regulation restrictions; and
   providing for the repeal of certain 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 1111-h to read as follows:
   § 1111-H. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 STREET  CLEANING-RELATED TRAFFIC REGULATIONS. (A) 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS  HEREBY  AUTHORIZED  AND
 EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABIL-
 ITY  ON  THE  OWNER  OF  A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO
 COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS,  IN  ACCORDANCE
 WITH  THE  PROVISIONS  OF  THIS SECTION. THE NEW YORK CITY DEPARTMENT OF
 TRANSPORTATION AND/OR THE NEW YORK CITY DEPARTMENT  OF  SANITATION,  FOR
 PURPOSES  OF  THE  IMPLEMENTATION  OF SUCH PROGRAM, SHALL OPERATE STREET
 CLEANING-RELATED PHOTO DEVICES THAT MAY  BE  STATIONARY  OR  MOBILE  AND
 SHALL  BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANS-
 PORTATION AND/OR ON STREET CLEANING VEHICLES SELECTED BY SUCH DEPARTMENT
 OF TRANSPORTATION IN CONSULTATION WITH THE NEW YORK CITY  DEPARTMENT  OF
 SANITATION.
   2.  ANY  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED
 IMAGES CAPTURED BY STREET CLEANING-RELATED PHOTO DEVICES SHALL BE  INAD-
 MISSIBLE  IN  ANY  DISCIPLINARY PROCEEDING CONVENED BY THE DEPARTMENT OF
 SANITATION OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
 DEPARTMENT INVOLVING LICENSURE PRIVILEGES  OF  STREET  CLEANING  VEHICLE
 OPERATORS.  ANY MOBILE STREET CLEANING-RELATED PHOTO DEVICE MOUNTED ON A
 STREET CLEANING VEHICLE SHALL BE DIRECTED OUTWARDLY FROM SUCH VEHICLE TO
 CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF STREET  CLEANING-RE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A8902A - Details

See Senate Version of this Bill:
S8756
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §87, Pub Off L

2023-A8902A - Summary

Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.

2023-A8902A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8902--A
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Transportation -- recommitted to the Committee on  Trans-
   portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- 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 street cleaning
   parking rules; to amend the public officers law, in relation to access
   to records prepared pursuant to street  cleaning  parking  rules;  and
   providing for the repeal of certain 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 1111-h to read as follows:
   §  1111-H.  OWNER LIABILITY FOR FAILURE TO COMPLY WITH STREET CLEANING
 PARKING RULES. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE
 CITY  OF  NEW  YORK  IS  HEREBY  AUTHORIZED AND EMPOWERED TO ESTABLISH A
 PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
 URE TO COMPLY WITH STREET CLEANING PARKING RULES IN SUCH CITY IN ACCORD-
 ANCE  WITH  THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT
 OF SANITATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL
 OPERATE STREET CLEANING VEHICLE PHOTO DEVICES ON STREET  CLEANING  VEHI-
 CLES ALONG ALL STREET CLEANING ROUTES IN SUCH CITY.
   2. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES:
   (I) TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY
 SUCH STREET CLEANING VEHICLE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT
 IDENTIFY  ANY PERSON OR PERSONS WHO MAY BE OCCUPYING THE VEHICLE, OR THE
 CONTENTS OF THE VEHICLE. HOWEVER, A NOTICE OF LIABILITY ISSUED  PURSUANT
 TO  THIS  SECTION  SHALL NOT BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR
 PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF A PERSON OR PERSONS WHO  MAY
 BE OCCUPYING THE VEHICLE OR THE CONTENTS OF A VEHICLE;
   (II)  TO  UPGRADE  SIGNAGE AT REGULAR INTERVALS WITHIN STREET CLEANING
 ROUTES STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES  ARE  USED  TO
 ENFORCE STREET CLEANING PARKING RULES ALONG SUCH ROUTES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A8902B - Details

See Senate Version of this Bill:
S8756
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §87, Pub Off L

2023-A8902B - Summary

Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.

2023-A8902B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8902--B
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A. CUNNINGHAM, BICHOTTE HERMELYN, LEE, DAVILA --
   read once and referred to the Committee on Transportation -- recommit-
   ted to the Committee on Transportation  in  accordance  with  Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, 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 street cleaning
   parking rules; to amend the public officers law, in relation to access
   to records prepared pursuant to street  cleaning  parking  rules;  and
   providing for the repeal of certain 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 1111-h to read as follows:
   §  1111-H.  OWNER LIABILITY FOR FAILURE TO COMPLY WITH STREET CLEANING
 PARKING RULES. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  THE
 CITY  OF  NEW  YORK  IS  HEREBY  AUTHORIZED AND EMPOWERED TO ESTABLISH A
 PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
 URE TO COMPLY WITH STREET CLEANING PARKING RULES IN SUCH CITY IN ACCORD-
 ANCE  WITH  THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT
 OF SANITATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL
 OPERATE STREET CLEANING VEHICLE PHOTO DEVICES ON STREET  CLEANING  VEHI-
 CLES ALONG ALL STREET CLEANING ROUTES IN SUCH CITY.
   2. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES:
   (I) TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY
 SUCH STREET CLEANING VEHICLE PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT
 IDENTIFY  ANY PERSON OR PERSONS WHO MAY BE OCCUPYING THE VEHICLE, OR THE
 CONTENTS OF THE VEHICLE. HOWEVER, A NOTICE OF LIABILITY ISSUED  PURSUANT
 TO  THIS  SECTION  SHALL NOT BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR
 PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF A PERSON OR PERSONS WHO  MAY
 BE OCCUPYING THE VEHICLE OR THE CONTENTS OF A VEHICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13521-06-4
              

co-Sponsors

2023-A8902C (ACTIVE) - Details

See Senate Version of this Bill:
S8756
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §87, Pub Off L

2023-A8902C (ACTIVE) - Summary

Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.

2023-A8902C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8902--C
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM,  BICHOTTE HERMELYN, LEE, DAVILA,
   TAPIA,  GONZALEZ-ROJAS,  HYNDMAN,  TAYLOR,  BORES  --  read  once  and
   referred  to  the  Committee  on  Transportation -- recommitted to the
   Committee on Transportation in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted to said committee -- again reported from said commit-
   tee with amendments, ordered reprinted as amended and  recommitted  to
   said  committee -- again reported from said committee with amendments,
   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 street cleaning
   parking rules; to amend the public officers law, in relation to access
   to records prepared pursuant to street  cleaning  parking  rules;  and
   providing for the repeal of certain 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 1111-h to read as follows:
   §  1111-H.  OWNER  LIABILITY FOR FAILURE OF AN OPERATOR TO COMPLY WITH
 STREET  CLEANING  PARKING  RULES.  (A)  1.  NOTWITHSTANDING  ANY   OTHER
 PROVISION OF LAW, THE CITY OF NEW YORK 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  STREET
 CLEANING PARKING RULES IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF
 THIS  SECTION.    SUCH  DEMONSTRATION PROGRAM SHALL EMPOWER THE NEW YORK
 CITY DEPARTMENT OF SANITATION TO INSTALL STREET CLEANING  VEHICLE  PHOTO
 DEVICES  ON  STREET  CLEANING  VEHICLES  ALONG STREET CLEANING ROUTES AT
 LOCATIONS DETERMINED BY SUCH DEPARTMENT IN SUCH CITY AND  TO  ADMINISTER
 SUCH PROGRAM IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANS-
 PORTATION.
   2.  ANY  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED
 IMAGES CAPTURED BY STREET CLEANING VEHICLE PHOTO DEVICES SHALL BE  INAD-
 MISSIBLE  IN  ANY DISCIPLINARY PROCEEDING CONVENED BY THE DEPARTMENT AND
 ANY PROCEEDING INITIATED BY THE DEPARTMENT  INVOLVING  LICENSURE  PRIVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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