Bill Text: NY A08368 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to owner liability for failure of operator to comply with traffic control indications in the city of Mt. Vernon; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-22 - signed chap.101 [A08368 Detail]

Download: New_York-2013-A08368-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8368
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  the  imple-
         mentation  of  red light cameras; 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:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1111-d to read as follows:
    3    S 1111-D.   OWNER LIABILITY FOR FAILURE OF  OPERATOR  TO  COMPLY  WITH
    4  TRAFFIC-CONTROL  INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
    5  OF LAW, THE CITY OF MT. VERNON IS HEREBY  AUTHORIZED  AND  EMPOWERED  TO
    6  ADOPT  AND  AMEND  A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
    7  PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
    8  URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
    9  SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
   10  STRATION  PROGRAM  SHALL EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFF-
   11  IC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES  AT  NO  MORE  THAN
   12  TWENTY INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
   13    2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
   14  ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
   15  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL NOT
   16  INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
   17  OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
   18  PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
   19  OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
   20  CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
   21  THE PROVISIONS OF THIS PARAGRAPH.
   22    (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
   23  ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
   24  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13339-01-3
       A. 8368                             2
    1  WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
    2  IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
    3  EN OF THIS ARTICLE, AND  SUCH  VIOLATION  IS  EVIDENCED  BY  INFORMATION
    4  OBTAINED   FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING
    5  SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE  FOR
    6  A  PENALTY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
    7  VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING  VIOLATION  OF  SUBDIVISION
    8  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
    9    (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
   10  PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
   11  "TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN  A
   12  VEHICLE  SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
   13  SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
   14  MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF  EACH  VEHICLE
   15  AT  THE  TIME  IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
   16  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   17    (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
   18  THE  CITY  OF  MT.  VERNON IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
   19  FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
   20  GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
   21  SIGNAL  PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
   22  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
   23  OTAPE OR OTHER RECORDED IMAGES EVIDENCING  SUCH  A  VIOLATION  SHALL  BE
   24  AVAILABLE  FOR  INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
   25  FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
   26  TO THIS SECTION.
   27    (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (D)  OF  SECTION
   28  ELEVEN  HUNDRED  ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
   29  NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY
   30  PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
   31  FORTH  IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY LOCAL
   32  LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
   33  VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED  BY  SUCH  BUREAU.
   34  THE  LIABILITY  OF  THE  OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
   35  FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
   36  OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF
   37  TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
   38  NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   39    (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
   40  PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
   41  AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
   42  WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
   43  PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   44    (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
   45  PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
   46  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
   47  SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
   48  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
   49  NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   50    2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
   51  PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
   52  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
   53  SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
   54  VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
   55  TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
   56  RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
       A. 8368                             3
    1    3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
    2  PERSON  CHARGED  OF  THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
    3  LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE  OF  LIABILITY  SHALL  ALSO
    4  CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
    5  IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
    6  ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
    7    4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
    8  MT. VERNON, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH  CITY  TO  PREPARE
    9  AND MAIL SUCH NOTIFICATION OF VIOLATION.
   10    (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
   11  SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
   12  THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
   13  BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
   14  IF SUCH CITY HAS ESTABLISHED AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND
   15  DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
   16  ING  OR  STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
   17  ADJUDICATION BY SUCH TRIBUNAL.
   18    (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
   19  SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
   20  POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
   21  AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
   22  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT  THE
   23  VEHICLE  HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
   24  VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
   25  OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
   26  CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
   27  BE  SENT  BY  FIRST  CLASS  MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
   28  HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   29    (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY  IMPOSED  UPON
   30  OWNERS  PURSUANT  TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
   31  COURT HAVING JURISDICTION, AN OWNER WHO IS A  LESSOR  OF  A  VEHICLE  TO
   32  WHICH  A  NOTICE  OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
   33  THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
   34  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE
   35  SENDS  TO  THE  TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
   36  COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING  SUCH
   37  VEHICLE  ON  THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
   38  LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING  NOTICE
   39  FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
   40  ER  WITH  THE  OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF
   41  LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
   42  TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  BY
   43  THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES WITH THE PROVISIONS OF THIS
   44  PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON  THE  DATE  OF  SUCH  VIOLATION
   45  SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
   46  SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION
   47  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
   48  SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO  SUBDIVISION
   49  (G) OF THIS SECTION.
   50    2.  (I)  IN  SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
   51  CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION  BY  A  PARKING
   52  VIOLATIONS  BUREAU,  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A
   53  NOTICE OF LIABILITY WAS ISSUED  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS
   54  SECTION  SHALL  NOT  BE  LIABLE  FOR THE VIOLATION OF SUBDIVISION (D) OF
   55  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
       A. 8368                             4
    1    (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH  THE  BUREAU  IN
    2  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
    3  THIS CHAPTER; AND
    4    (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
    5  THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
    6  CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
    7  BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
    8  FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
    9  WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
   10  OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
   11  PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   12    (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
   13  PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
   14  THIS SECTION.
   15    (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
   16  THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
   17  TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
   18  SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
   19  SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
   20  SECTION.
   21    (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
   22  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
   23  WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
   24  OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   25    2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
   26  VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
   27  SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
   28  OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
   29  TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
   30  BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
   31  VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
   32  TO OBEY A TRAFFIC-CONTROL INDICATION.
   33    (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
   34  OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
   35  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   36    (M)  IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
   37  SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
   38  ON  THE  RESULTS  OF  THE  USE  OF  A   TRAFFIC-CONTROL   SIGNAL   PHOTO
   39  VIOLATION-MONITORING  SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
   40  THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
   41  THOUSAND  FOURTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
   42  THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT  SHALL  INCLUDE,  BUT
   43  NOT BE LIMITED TO:
   44    1.  A  DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
   45  VIOLATION-MONITORING SYSTEMS WERE USED;
   46    2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
   47  INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
   48  SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
   49  TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
   50  VEHICLES OF THIS STATE;
   51    3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
   52  INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
   53  SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
   54  DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
       A. 8368                             5
    1    4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
    2  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND  IN
    3  THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
    4    5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
    5  RECORDED BY SUCH SYSTEMS;
    6    6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
    7  NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
    8    7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
    9  CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
   10  RECORDED BY SUCH SYSTEMS;
   11    8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
   12  CATIONS;
   13    9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
   14    10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   15    (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
   16  VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
   17  A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
   18  TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
   19  ALLEGED VIOLATION.
   20    S 2. This act shall take effect immediately and shall expire  December
   21  1,  2014  when upon such date the provisions of this act shall be deemed
   22  repealed.
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