NY State Senate Bill 2023-S7545

Senate Bill S7545

2023-2024 Legislative Session

Relates to adjudications and owner liability for a violation of traffic-control signal indications in the city of Schenectady

download bill text pdf

Current Bill Status - In Senate Committee Transportation 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
Jan 03, 2024	referred to transportation
Jun 05, 2023	referred to rules

2023-S7545 (ACTIVE) - Details

See Assembly Version of this Bill:: A7653
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1111-g, V & T L; amd §87, Pub Off L

2023-S7545 (ACTIVE) - Summary

Relates to adjudications and owner liability for a violation of traffic-control signal indications in the city of Schenectady.

2023-S7545 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7545

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to adjudi-
cations and owner liability for a violation of traffic-control signal
indications in the city of Schenectady; to amend the public officers
law, in relation to accessing records; and providing for the repeal of
certain provisions upon expiration thereof

 
PURPOSE:

To allow the city of Schenectady to establish a red-light camera ticket-
ing program.

 
SUMMARY OF PROVISIONS:

Section 1. The vehicle and traffic law is amended by adding a new
section 1111-g to read as follows:

§ 1111-g. Authorization for the city of Schenectady.

2. What can be recorded, to the extent practicable. (b) liability for
penalties. (d) Reference to section 1100 of this article

(c) Definitions.

(d) Technician certification(s).

(e) An owner liable for a violation of subdivision (d) of section eleven
hundred eleven of this article pursuant to a local law or ordinance
adopted pursuant to this section shall be liable for monetary
penalties(fines).

(f) Record and insurance purposes exemptions.

(g) 1. Manner of notice.

2. (a-h) A notice of liability and manner of notice. 2.

(I) Owner liability.

(II) Failure to comply.

(III) Lessor of vehicle complies.

(k) 1. Owner 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
traffic-control indication. 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 traffic-control indication.


(l) Nothing in this section shall be construed to limit the liability of
an operator of a vehicle for any violation of subdivision (d) of section
eleven hundred eleven of this article.

(m) Annual reporting:

1. - 10. Manner of reporting.

(n) Manner of defense.

§ 2. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (t) to read as follows:

(t) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-g of
the vehicle and traffic law.

§ 3. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-g of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.

§ 4. Effective date.

 
JUSTIFICATION:

The prevalence of speeding and traffic light infractions in the city of
Schenectady has risen in recent years and this will allow law enforce-
ment another tool to manage the safety of Schenectady's residents.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed December 1, 2028,
provided, further, that any such local law as may be enacted pursuant to
section one of this act shall remain in full force and effect only until
December 1, 2028.

2023-S7545 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7545
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2023
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  adjudi-
   cations  and owner liability for a violation of traffic-control signal
   indications in the city of Schenectady; to amend the  public  officers
   law, in relation to accessing records; 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-g to read as follows:
   §  1111-G.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
 TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER  PROVISION
 OF  LAW,  THE  CITY OF SCHENECTADY 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 FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
 SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
 STRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND  OPERATE  TRAFF-
 IC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  DEVICES AT NO MORE THAN
 TWELVE INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
   2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
 ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
 TRAFFIC-CONTROL SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL  NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
 OF  THE  VEHICLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
 PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
 OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
 CLE, PROVIDED THAT SUCH CITY 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.
                                                            LBD11678-02-3
 S. 7545                             2

 
   (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE 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, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
 EN  OF  THIS  ARTICLE,  AND  SUCH  VIOLATION IS EVIDENCED BY INFORMATION
 OBTAINED  FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO   VIOLATION-MONITORING
 SYSTEM;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
 A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
 VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE  THE  MEANING  AS
 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
 "TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
 VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
 SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
 MICROPHOTOGRAPHS,  A  VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
 AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION  (D)  OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE CITY OF SCHENECTADY IN WHICH THE CHARGED VIOLATION  OCCURRED,  OR  A
 FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
 SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE  EVIDENCE
 OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE  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.
   (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
 NANCE  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, EXCEPT THAT IF SUCH CITY BY  LOCAL
 LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
 VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
 THE LIABILITY OF THE OWNER PURSUANT 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.
   (F)  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.
   (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
 (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN 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 BUSI-
 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
 SECTION,  THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN SUCH
 S. 7545                             3
 
 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE,  THE  DATE  AND
 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A WARNING TO ADVISE THE 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 CITY OF
 SCHENECTADY, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY  TO  PREPARE
 AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
 BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
 IF SUCH CITY HAS ESTABLISHED AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND
 DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
 ING  OR  STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
 ADJUDICATION BY SUCH TRIBUNAL.
   (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
 POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
 AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED ELEVEN 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 SUFFI-
 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
 BE  SENT  BY  FIRST  CLASS  MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
 HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY  IMPOSED  UPON
 OWNERS  PURSUANT  TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
 COURT HAVING JURISDICTION, AN OWNER WHO IS A  LESSOR  OF  A  VEHICLE  TO
 WHICH  A  NOTICE  OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
 THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE
 SENDS  TO  THE  TRAFFIC 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 LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING  NOTICE
 FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
 ER  WITH  THE  OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF
 LIABILITY.  FAILURE TO SEND SUCH INFORMATION  WITHIN  SUCH  THIRTY-SEVEN
 DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED
 BY  THIS SECTION.  WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS
 PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON  THE  DATE  OF  SUCH  VIOLATION
 SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
 SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION
 (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
 SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO  SUBDIVISION
 (G) OF THIS SECTION.
   2.  (I)  IN  SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
 CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION  BY  A  PARKING
 VIOLATIONS  BUREAU,  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A
 NOTICE OF LIABILITY WAS ISSUED  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS
 S. 7545                             4
 
 SECTION  SHALL  NOT  BE  LIABLE  FOR THE VIOLATION OF SUBDIVISION (D) OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
   (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
 THIS CHAPTER; AND
   (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE 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 THE
 BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
 FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
 WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
 OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
 PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
 SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
 SECTION ELEVEN HUNDRED ELEVEN 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
 TRAFFIC-CONTROL INDICATION. 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 TRAFFIC-CONTROL INDICATION.
   (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
 SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   (M)  ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
 SION (A) OF THIS SECTION SHALL SUBMIT AN  ANNUAL  REPORT  DETAILING  THE
 RESULTS  OF THE USE OF SUCH TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
 TORING 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 TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL 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 OF
 MOTOR VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
 SYSTEM IS USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM HAS BEEN OPERA-
 S. 7545                             5

 TIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF
 MOTOR VEHICLES OF THIS STATE;
   4.  THE  NUMBER  OF  EVENTS  AND NUMBER OF VIOLATIONS RECORDED AT EACH
 INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL  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 TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEM IS USED;
   6.  THE  NUMBER  OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
 FIRST NOTICE  OF  LIABILITY  ISSUED  FOR  VIOLATIONS  RECORDED  BY  SUCH
 SYSTEMS;
   7.  THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
 SUCH  ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE   FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
 CATIONS  INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH CITY FOR EACH
 YEAR SINCE DEPLOYMENT OF ITS TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MON-
 ITORING SYSTEM;
   9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT  TO
 A  LOCAL  LAW  OR  ORDINANCE  ADOPTED PURSUANT TO THIS SECTION THAT SUCH
 TRAFFIC-CONTROL INDICATIONS WERE  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 (t) to read as follows:
   (T)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-G  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1111-g of the vehicle  and  traffic  law
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed  repealed  December  1,
 2028,  provided,  further,  that  any  such  local law as may be enacted
 pursuant to section one of this act  shall  remain  in  full  force  and
 effect only until December 1, 2028.

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