Bill Text: NY A03989 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides a defense for those directed by officers or in funeral processions regarding red light cameras.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A03989 Detail]
Download: New_York-2017-A03989-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3989 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. NOLAN -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to providing a defense for those in funeral processions regarding red light cameras The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 3 of subdivision (g) of section 1111-a of the 2 vehicle and traffic law, as added by chapter 746 of the laws of 1988, is 3 amended and a new subdivision (o) is added to read as follows: 4 3. The notice of liability shall contain information advising the 5 person charged of the manner and the time in which he may contest the 6 liability alleged in the notice. Such notice of liability shall also 7 contain a warning to advise the persons charged that failure to contest 8 in the manner and time provided shall be deemed an admission of liabil- 9 ity and that a default judgment may be entered thereon as well as 10 instructions on how to contest the fine by mail providing proof or 11 proofs specified in subdivision (o) of this section. 12 (o) It shall be a defense to any prosecution for a violation of subdi- 13 vision (d) of section eleven hundred eleven of this article pursuant to 14 a local law or ordinance adopted pursuant to this section that the vehi- 15 cle was obeying the direction of a police or peace officer or was part 16 of a funeral procession. The owner of the vehicle shall be able to 17 contest the violation by mail sending one of the following proofs to the 18 traffic violations bureau: a letter from the city's police department or 19 local precinct, or in the case of a funeral procession, a letter from a 20 funeral home, noting the time, date and location of the funeral proc- 21 ession. 22 § 2. Paragraph 3 of subdivision (g) and subdivision (o) of section 23 1111-b of the vehicle and traffic law, as added by chapter 19 of the 24 laws of 2009, are amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07039-02-7A. 3989 2 1 3. The notice of liability shall contain information advising the 2 person charged of the manner and the time in which he or she may contest 3 the 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 as well as 7 instructions on how to contest the fine by mail providing proof or 8 proofs specified in subdivision (o) of this section. 9 (o) It shall be a defense to any prosecution for a violation of subdi- 10 vision (d) of section eleven hundred eleven of this article pursuant to 11 a local law or ordinance adopted pursuant to this section that such 12 traffic-control indications were malfunctioning at the time of the 13 alleged violation or that the vehicle was obeying the direction of a 14 police or peace officer or was part of a funeral procession. The owner 15 of the vehicle shall be able to contest the violation by mail sending 16 one of the following proofs to the traffic violations bureau: a letter 17 from the city's police department or local precinct, or in the case of a 18 funeral procession, a letter from a funeral home, noting the time, date 19 and location of the funeral procession. 20 § 3. Paragraph 3 of subdivision (g) and subdivision (n) of section 21 1111-b of the vehicle and traffic law, as added by chapter 20 of the 22 laws of 2009, are amended to read as follows: 23 3. The notice of liability shall contain information advising the 24 person charged of the manner and the time in which he or she may contest 25 the liability alleged in the notice. Such notice of liability shall also 26 contain a warning to advise the persons charged that failure to contest 27 in the manner and time provided shall be deemed an admission of liabil- 28 ity and that a default judgment may be entered thereon as well as 29 instructions on how to contest the fine by mail providing proof or 30 proofs specified in subdivision (n) of this section. 31 (n) It shall be a defense to any prosecution for a violation of subdi- 32 vision (d) of section eleven hundred eleven of this article pursuant to 33 a local law or ordinance adopted pursuant to this section that such 34 traffic-control indications were malfunctioning at the time of the 35 alleged violation or that the vehicle was obeying the direction of a 36 police or peace officer or was part of a funeral procession. The owner 37 of the vehicle shall be able to contest the violation by mail sending 38 one of the following proofs to the traffic violations bureau: a letter 39 from the city's police department or local precinct, or in the case of a 40 funeral procession, a letter from a funeral home, noting the time, date 41 and location of the funeral procession. 42 § 4. Paragraph 3 of subdivision (g) and subdivision (n) of section 43 1111-b of the vehicle and traffic law, as added by chapter 22 of the 44 laws of 2009, are amended to read as follows: 45 3. The notice of liability shall contain information advising the 46 person charged of the manner and the time in which he or she may contest 47 the liability alleged in the notice. Such notice of liability shall also 48 contain a warning to advise the persons charged that failure to contest 49 in the manner and time provided shall be deemed an admission of liabil- 50 ity and that a default judgment may be entered thereon as well as 51 instructions on how to contest the fine by mail providing proof or 52 proofs specified in subdivision (n) of this section. 53 (n) It shall be a defense to any prosecution for a violation of subdi- 54 vision (d) of section eleven hundred eleven of this article pursuant to 55 a local law or ordinance adopted pursuant to this section that such 56 traffic-control indications were malfunctioning at the time of theA. 3989 3 1 alleged violation or that the vehicle was obeying the direction of a 2 police or peace officer or was part of a funeral procession. The owner 3 of the vehicle shall be able to contest the violation by mail sending 4 one of the following proofs to the traffic violations bureau: a letter 5 from the city's police department or local precinct, or in the case of a 6 funeral procession, a letter from a funeral home, noting the time, date 7 and location of the funeral procession. 8 § 5. Paragraph 3 of subdivision (g) and subdivision (o) of section 9 1111-b of the vehicle and traffic law, as added by chapter 23 of the 10 laws of 2009, are amended to read as follows: 11 3. The notice of liability shall contain information advising the 12 person charged of the manner and the time in which he or she may contest 13 the liability alleged in the notice. Such notice of liability shall also 14 contain a warning to advise the persons charged that failure to contest 15 in the manner and time provided shall be deemed an admission of liabil- 16 ity and that a default judgment may be entered thereon as well as 17 instructions on how to contest the fine by mail providing proof or 18 proofs specified in subdivision (o) of this section. 19 (o) It shall be a defense to any prosecution for a violation of subdi- 20 vision (d) of section eleven hundred eleven of this article pursuant to 21 a local law or ordinance adopted pursuant to this section that such 22 traffic-control indications were malfunctioning at the time of the 23 alleged violation or that the vehicle was obeying the direction of a 24 police or peace officer or was part of a funeral procession. The owner 25 of the vehicle shall be able to contest the violation by mail sending 26 one of the following proofs to the traffic violations bureau: a letter 27 from the city's police department or local precinct, or in the case of a 28 funeral procession, a letter from a funeral home, noting the time, date 29 and location of the funeral procession. 30 § 6. Paragraph 3 of subdivision (g) and subdivision (n) of section 31 1111-d of the vehicle and traffic law, as added by chapter 99 of the 32 laws of 2014, are amended to read as follows: 33 3. The notice of liability shall contain information advising the 34 person charged of the manner and the time in which he or she may contest 35 the liability alleged in the notice. Such notice of liability shall also 36 contain a warning to advise the persons charged that failure to contest 37 in the manner and time provided shall be deemed an admission of liabil- 38 ity and that a default judgment may be entered thereon as well as 39 instructions on how to contest the fine by mail providing proof or 40 proofs specified in subdivision (n) of this section. 41 (n) It shall be a defense to any prosecution for a violation of subdi- 42 vision (d) of section eleven hundred eleven of this article pursuant to 43 a local law or ordinance adopted pursuant to this section that such 44 traffic-control indications were malfunctioning at the time of the 45 alleged violation or that the vehicle was obeying the direction of a 46 police or peace officer or was part of a funeral procession. The owner 47 of the vehicle shall be able to contest the violation by mail sending 48 one of the following proofs to the traffic violations bureau: a letter 49 from the city's police department or local precinct, or in the case of a 50 funeral procession, a letter from a funeral home, noting the time, date 51 and location of the funeral procession. 52 § 7. Paragraph 3 of subdivision (g) and subdivision (n) of section 53 1111-d of the vehicle and traffic law, as added by chapter 101 of the 54 laws of 2014, are amended to read as follows: 55 3. The notice of liability shall contain information advising the 56 person charged of the manner and the time in which he or she may contestA. 3989 4 1 the liability alleged in the notice. Such notice of liability shall also 2 contain a warning to advise the persons charged that failure to contest 3 in the manner and time provided shall be deemed an admission of liabil- 4 ity and that a default judgment may be entered thereon as well as 5 instructions on how to contest the fine by mail providing proof or 6 proofs specified in subdivision (n) of this section. 7 (n) It shall be a defense to any prosecution for a violation of subdi- 8 vision (d) of section eleven hundred eleven of this article pursuant to 9 a local law or ordinance adopted pursuant to this section that such 10 traffic-control indications were malfunctioning at the time of the 11 alleged violation or that the vehicle was obeying the direction of a 12 police or peace officer or was part of a funeral procession. The owner 13 of the vehicle shall be able to contest the violation by mail sending 14 one of the following proofs to the traffic violations bureau: a letter 15 from the city's police department or local precinct, or in the case of a 16 funeral procession, a letter from a funeral home, noting the time, date 17 and location of the funeral procession. 18 § 8. Paragraph 3 of subdivision (g) and subdivision (n) of section 19 1111-d of the vehicle and traffic law, as added by chapter 123 of the 20 laws of 2014, are amended to read as follows: 21 3. The notice of liability shall contain information advising the 22 person charged of the manner and the time in which he or she may contest 23 the liability alleged in the notice. Such notice of liability shall also 24 contain a warning to advise the persons charged that failure to contest 25 in the manner and time provided shall be deemed an admission of liabil- 26 ity and that a default judgment may be entered thereon as well as 27 instructions on how to contest the fine by mail providing proof or 28 proofs specified in subdivision (n) of this section. 29 (n) It shall be a defense to any prosecution for a violation of subdi- 30 vision (d) of section eleven hundred eleven of this article pursuant to 31 a local law or ordinance adopted pursuant to this section that such 32 traffic-control indications were malfunctioning at the time of the 33 alleged violation or that the vehicle was obeying the direction of a 34 police or peace officer or was part of a funeral procession. The owner 35 of the vehicle shall be able to contest the violation by mail sending 36 one of the following proofs to the traffic violations bureau: a letter 37 from the city's police department or local precinct, or in the case of a 38 funeral procession, a letter from a funeral home, noting the time, date 39 and location of the funeral procession. 40 § 9. Paragraph 3 of subdivision (g) and subdivision (n) of section 41 1111-e of the vehicle and traffic law, as added by chapter 222 of the 42 laws of 2015, are amended to read as follows: 43 3. The notice of liability shall contain information advising the 44 person charged of the manner and the time in which he or she may contest 45 the liability alleged in the notice. Such notice of liability shall also 46 contain a warning to advise the persons charged that failure to contest 47 in the manner and time provided shall be deemed an admission of liabil- 48 ity and that a default judgment may be entered thereon as well as 49 instructions on how to contest the fine by mail providing proof or 50 proofs specified in subdivision (n) of this section. 51 (n) It shall be a defense to any prosecution for a violation of subdi- 52 vision (d) of section eleven hundred eleven of this article pursuant to 53 a local law or ordinance adopted pursuant to this section that such 54 traffic-control indications were malfunctioning at the time of the 55 alleged violation or that the vehicle was obeying the direction of a 56 police or peace officer or was part of a funeral procession. The ownerA. 3989 5 1 of the vehicle shall be able to contest the violation by mail sending 2 one of the following proofs to the traffic violations bureau: a letter 3 from the city's police department or local precinct, or in the case of a 4 funeral procession, a letter from a funeral home, noting the time, date 5 and location of the funeral procession. 6 § 10. This act shall take effect immediately; 7 1. provided, however, the amendments to section 1111-a of the vehicle 8 and traffic law made by section one of this act shall not affect the 9 repeal of such section and shall be deemed repealed therewith; 10 2. provided, further, the amendments to section 1111-b of the vehicle 11 and traffic law made by section two of this act shall not affect the 12 repeal of such section and shall be deemed repealed therewith; 13 3. provided, further, the amendments to section 1111-b of the vehicle 14 and traffic law made by section three of this act shall not affect the 15 repeal of such section and shall be deemed repealed therewith; 16 4. provided, further, the amendments to section 1111-b of the vehicle 17 and traffic law made by section four of this act shall not affect the 18 repeal of such section and shall be deemed repealed therewith; 19 5. provided, further, the amendments to section 1111-b of the vehicle 20 and traffic law made by section five of this act shall not affect the 21 repeal of such section and shall be deemed repealed therewith; 22 6. provided, further, the amendments to section 1111-d of the vehicle 23 and traffic law made by section six of this act shall not affect the 24 repeal of such section and shall be deemed repealed therewith; 25 7. provided, further, the amendments to section 1111-d of the vehicle 26 and traffic law made by section seven of this act shall not affect the 27 repeal of such section and shall be deemed repealed therewith; 28 8. provided, further, the amendments to section 1111-d of the vehicle 29 and traffic law made by section eight of this act shall not affect the 30 repeal of such section and shall be deemed repealed therewith; and 31 9. provided, further, the amendments to section 1111-e of the vehicle 32 and traffic law made by section nine of this act shall not affect the 33 repeal of such section and shall be deemed repealed therewith.
