AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH 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 THEY OPERATE 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 VILLAGE 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 VILLAGE 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 VILLAGE
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 VILLAGE FOR THE PURPOSE OF THE ADJUDICATION OF
LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A
NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY
THE VILLAGE 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-
S. 7625 3
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 VILLAGE OF MOUNT KISCO ESTABLISHES A DEMONSTRATION PROGRAM
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, WITHIN A SPEED ZONE IN VIOLATION OF SUBDIVISION (C) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR DURING THE TIMES
AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION, IN VIOLATION OF
SUBDIVISION (B), (D), (F) OR (G) OF SUCH SECTION ELEVEN HUNDRED EIGHTY,
SUCH VEHICLE WAS TRAVELING AT A SPEED OF MORE THAN TEN MILES PER HOUR
ABOVE THE POSTED SPEED LIMIT IN EFFECT WITHIN SUCH SPEED ZONE, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION 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; AND
S. 7625 4
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 SPEED ZONE IN VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE VILLAGE OF MOUNT KISCO, 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,
MICROPHOTOGRAPHS, 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 WESTCHESTER COUNTY DEPARTMENT OF
PUBLIC SAFETY IN CONJUNCTION WITH THE VILLAGE COURT. THE LIABILITY OF
THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR A
FIRST VIOLATION, SEVENTY-FIVE DOLLARS FOR A SECOND VIOLATION WITHIN AN
EIGHTEEN-MONTH PERIOD, AND ONE HUNDRED DOLLARS FOR A THIRD AND SUBSE-
QUENT VIOLATIONS WITHIN AN EIGHTEEN-MONTH PERIOD; PROVIDED, HOWEVER,
THAT SUCH DEPARTMENT OF PUBLIC SAFETY IN CONJUNCTION WITH THE VILLAGE
COURT 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
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.
S. 7625 5
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 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 THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE VILLAGE
OF MOUNT KISCO, OR BY ANY OTHER ENTITY AUTHORIZED BY THE VILLAGE TO
PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC SAFETY IN
CONJUNCTION WITH THE VILLAGE COURT.
(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 VILLAGE OF MOUNT KISCO WESTCHESTER COUNTY DEPARTMENT OF PUBLIC SAFE-
TY IN CONJUNCTION WITH THE VILLAGE COURT OR BY ANY OTHER ENTITY AUTHOR-
IZED BY THE VILLAGE TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(J) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC SAFETY IN
CONJUNCTION WITH THE VILLAGE COURT.
(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 DEPARTMENT
OF PUBLIC SAFETY IN CONJUNCTION WITH THE VILLAGE COURT 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,
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-
S. 7625 6
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 VILLAGE ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION (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
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 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 SPEED ZONES WITHIN THE
VILLAGE, 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 SPEED ZONES WHERE PHOTO
SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE EXTENT THE INFORMA-
TION IS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SPEED ZONES WITHIN THE
VILLAGE, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SPEED ZONE WHERE A
PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGREGATE ON A
DAILY, WEEKLY AND MONTHLY BASIS;
6. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SPEED ZONES WITHIN THE
VILLAGE 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;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH 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;
S. 7625 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;
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 VILLAGE IN CONNECTION
WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY THE VILLAGE 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 (v) to read as follows:
(V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-H
OF THE VEHICLE AND TRAFFIC LAW.
§ 3. The purchase or lease of equipment for a demonstration program
established pursuant to section 1180-h 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, 2030, 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.
