Bill Text: NY A00134 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for a demonstration project for the use of enforcement cameras on high occupancy vehicle and bus lanes on the Staten Island Expressway.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-05 - referred to transportation [A00134 Detail]
Download: New_York-2009-A00134-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
134
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CUSICK, TITONE -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to a demon-
stration program relating to the installation of roadside and bus
mounted high occupancy vehicle and bus lane enforcement cameras on the
Staten Island Expressway; 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 223-a to read as follows:
3 S 223-A. HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT CAMERA DEMON-
4 STRATION PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
5 COMMISSIONER IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMON-
6 STRATION PROGRAM, ON THE STATEN ISLAND EXPRESSWAY, IMPOSING MONETARY
7 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE, BETWEEN THE HOURS OF
8 SEVEN O'CLOCK IN THE ANTE MERIDIEM AND SEVEN O'CLOCK IN THE POST MERI-
9 DIEM, OF AN OPERATOR THEREOF TO COMPLY WITH APPLICABLE HIGH OCCUPANCY
10 VEHICLE AND BUS LANE PRIORITY LAWS. THE DEPARTMENT OF TRANSPORTATION,
11 FOR PURPOSES OF IMPLEMENTATION OF SUCH PROGRAM, SHALL BE AUTHORIZED TO
12 INSTALL AND OPERATE ROADSIDE AND BUS MOUNTED BUS LANE ENFORCEMENT
13 CAMERAS ON NO MORE THAN ONE HUNDRED BUSES OR ROADSIDE LOCATIONS OPERATED
14 BY THE DEPARTMENT.
15 2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
16 ANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
17 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY RULE OR
18 REGULATION RELATING TO USE OF A HIGH OCCUPANCY VEHICLE AND BUS LANE, AND
19 SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A HIGH OCCUPAN-
20 CY VEHICLE AND BUS LANE ENFORCEMENT CAMERA; PROVIDED HOWEVER THAT NO
21 OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00543-01-1
A. 134 2
1 THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF
2 THE UNDERLYING VIOLATION OF ANY RULE OR REGULATION ADOPTED BY THE
3 DEPARTMENT OF TRANSPORTATION OR THE COMMISSIONER.
4 3. FOR PURPOSES OF THIS SECTION, "OWNER" SHALL MEAN ANY PERSON, CORPO-
5 RATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR, OR ORGANIZATION
6 WHO AT THE TIME OF THE ISSUANCE OF A NOTICE OF VIOLATION IN WHICH A
7 VEHICLE IS OPERATED:
8 (A) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
9 (B) HAS TITLE TO SUCH VEHICLE; OR
10 (C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
11 TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
12 STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
13 (D) USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS;
14 OR
15 (E) IS AN OWNER OF SUCH VEHICLE AS DEFINED BY SECTION ONE HUNDRED
16 TWENTY-EIGHT OF THIS CHAPTER OR SUBDIVISION (A) OF SECTION TWENTY-ONE
17 HUNDRED ONE OF THIS CHAPTER.
18 4. FOR PURPOSES OF THIS SECTION, "HIGH OCCUPANCY VEHICLE AND BUS LANE
19 ENFORCEMENT CAMERA" SHALL MEAN A DEVICE INSTALLED ON A BUS OR A ROADSIDE
20 LOCATION WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR
21 MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH
22 VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF ANY RULE OR
23 REGULATION RELATING TO USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES.
24 5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
25 DEPARTMENT OF TRANSPORTATION, OR A FACSIMILE THEREOF, BASED UPON
26 INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
27 IMAGES PRODUCED BY A HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT
28 CAMERA, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
29 ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
30 EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY
31 PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION IMPOSED PURSU-
32 ANT TO THIS SECTION.
33 6. AN OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION RELATING
34 TO THE USE OF HIGH OCCUPANCY VEHICLE AND BUS LANES ADOPTED BY THE
35 DEPARTMENT OF TRANSPORTATION OR THE COMMISSIONER SHALL BE LIABLE FOR
36 MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES
37 TO BE PROMULGATED BY THE COMMISSIONER. THE LIABILITY OF THE OWNER
38 PURSUANT TO THIS SECTION SHALL NOT EXCEED THE ESTABLISHED FINE FOR EACH
39 VIOLATION; PROVIDED HOWEVER THAT AN ADDITIONAL PENALTY NOT IN EXCESS OF
40 TWENTY-FIVE DOLLARS SHALL BE IMPOSED FOR EACH VIOLATION FOR THE FAILURE
41 TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
42 7. AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A
43 CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
44 RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
45 USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE
46 COVERAGE.
47 8. (A) A NOTICE OF LIABILITY SHALL BE SENT BY THE DEPARTMENT OF MOTOR
48 VEHICLES WITHIN FIFTEEN DAYS OF THE ALLEGED VIOLATION BY FIRST CLASS
49 MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF
50 ANY RULE OR REGULATION RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES
51 AND BUS LANES PURSUANT TO THIS SECTION. PERSONAL SERVICE ON THE OWNER
52 SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED
53 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE
54 FACTS CONTAINED THEREIN.
55 (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
56 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY RULE OR
A. 134 3
1 REGULATION RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES
2 ADOPTED BY THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO THIS SECTION,
3 THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE
4 LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH
5 VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE
6 VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
7 (C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
8 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
9 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
10 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
11 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
12 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
13 (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE
14 DEPARTMENT OF MOTOR VEHICLES OR ITS DESIGNEE.
15 9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
16 FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
17 DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
18 ALLEGATION OF LIABILITY FOR A VIOLATION OF ANY RULE OR REGULATION RELAT-
19 ING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO THIS
20 SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
21 TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
22 TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
23 IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
24 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL, RETURN RECEIPT REQUESTED, TO
25 THE DEPARTMENT OF MOTOR VEHICLES OR ITS DESIGNEE.
26 10. IF THE OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION
27 RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO
28 THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
29 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
30 THE OPERATOR.
31 11. AN OWNER OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED
32 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL NOT BE LIABLE IF THE
33 MOTORIST DRIVING OR STOPPING IN A HIGH OCCUPANCY VEHICLE AND BUS LANE
34 WHILE:
35 (A) YIELDING RIGHT OF WAY TO AN EMERGENCY VEHICLE WITH ACTIVATED
36 WARNING LIGHTS OR SIREN,
37 (B) AT THE DIRECTION OF LAW ENFORCEMENT OR EMERGENCY SERVICE OFFICIALS
38 OR OTHER GOVERNMENT OFFICIALS AUTHORIZED TO STOP OR DIRECT TRAFFIC, OR
39 (C) WHEN AVOIDING ROAD OBSTRUCTIONS OR CONSTRUCTION OR OTHER HAZARDS.
40 12. AN APPEAL OF AN ADJUDICATION OF LIABILITY PURSUANT TO THIS SECTION
41 MAY BE TAKEN IN ACCORDANCE WITH THE APPLICABLE PROVISIONS RELATING TO
42 ADJUDICATION OF TRAFFIC INFRACTIONS IN SUCH CITY.
43 13. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
44 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL
45 NOT BE LIABLE FOR THE VIOLATION OF ANY RULE OR REGULATION RELATING TO
46 THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES:
47 (I) IF PRIOR TO THE VIOLATION THE LESSOR HAS FILED WITH THE BUREAU AND
48 PAID THE REQUIRED FILING FEE IN ACCORDANCE WITH THE PROVISIONS OF
49 SECTION TWO HUNDRED THIRTY-NINE OF THIS TITLE; AND
50 (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE OF THE DATE AND
51 TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN
52 THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE BUREAU THE
53 CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE
54 NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH
55 OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL LEASE OR OTHER
A. 134 4
1 CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU PURSUANT
2 TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
3 (B) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL
4 RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
5 (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION,
6 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
7 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
8 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
9 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION EIGHT OF
10 THIS SECTION.
11 14. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
12 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF ANY RULE OR REGULATION
13 PURSUANT TO THIS SECTION.
14 15. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE AND DECEM-
15 BER THIRTY-FIRST, TWO THOUSAND THIRTEEN THE COMMISSIONER SHALL SUBMIT A
16 WRITTEN REPORT ON THE DEMONSTRATION PROJECT IMPLEMENTATION PURSUANT TO
17 THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
18 THE SPEAKER OF THE ASSEMBLY ON THE RESULTS OF SAID DEMONSTRATION
19 PROGRAM. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
20 (A) A DESCRIPTION OF THE LOCATIONS WHERE HIGH OCCUPANCY VEHICLE AND
21 BUS LANE ENFORCEMENT CAMERAS WERE USED;
22 (B) THE NUMBER OF VIOLATIONS RECORDED IN THE AGGREGATE ON A DAILY,
23 WEEKLY AND MONTHLY BASIS;
24 (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
25 (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
26 NOTICE OF LIABILITY;
27 (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
28 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
29 (F) THE TOTAL AMOUNT OF REVENUE REALIZED; AND
30 (G) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
31 S 2. This act shall take effect on the one hundred twentieth day after
32 it shall have become a law and shall expire and be deemed repealed three
33 years after such effective date; provided that any rules or regulations
34 necessary for the timely implementation of this act are authorized to be
35 made on or before such effective date.
