Bill Text: NY A06687 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes the city of Syracuse to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-06-05 - substituted by s6632 [A06687 Detail]
Download: New_York-2023-A06687-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6687--A 2023-2024 Regular Sessions IN ASSEMBLY May 1, 2023 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the public officers law, in relation to authorizing the city of Syracuse to establish a demon- stration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone; 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 1180-f to read as follows: 3 § 1180-f. Owner liability for failure of operator to comply with 4 certain posted maximum speed limits. (a) 1. Notwithstanding any other 5 provision of law, the city of Syracuse is hereby authorized to establish 6 a demonstration program imposing monetary liability on the owner of a 7 vehicle for failure of an operator thereof to comply with posted maximum 8 speed limits in a school speed zone within such city (i) when a school 9 speed limit is in effect as provided in paragraphs one and two of subdi- 10 vision (c) of section eleven hundred eighty of this article or (ii) when 11 other speed limits are in effect as provided in subdivision (b), (d), 12 (f) or (g) of section eleven hundred eighty of this article during the 13 following times: (A) on school days during school hours and one hour 14 before and one hour after the school day, and (B) a period during 15 student activities at the school and up to thirty minutes immediately 16 before and up to thirty minutes immediately after such student activ- 17 ities. Such demonstration program shall empower the city of Syracuse to 18 install photo speed violation monitoring systems within no more than 19 thirty-four school speed zones within such city at any one time and to 20 operate such systems within such zones (iii) when a school speed limit EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11106-02-3A. 6687--A 2 1 is in effect as provided in paragraphs one and two of subdivision (c) of 2 section eleven hundred eighty of this article or (iv) when other speed 3 limits are in effect as provided in subdivision (b), (d), (f) or (g) of 4 section eleven hundred eighty of this article during the following 5 times: (A) on school days during school hours and one hour before and 6 one hour after the school day, and (B) a period during student activ- 7 ities at the school and up to thirty minutes immediately before and up 8 to thirty minutes immediately after such student activities. In select- 9 ing a school speed zone in which to install and operate a photo speed 10 violation monitoring system, the city shall consider criteria including, 11 but not limited to, the speed data, crash history, and the roadway geom- 12 etry applicable to such school speed zone. 13 2. No photo speed violation monitoring system shall be used in a 14 school speed zone unless (i) on the day it is to be used it has success- 15 fully passed a self-test of its functions; and (ii) it has undergone an 16 annual calibration check performed pursuant to paragraph four of this 17 subdivision. The city shall install signs giving notice that a photo 18 speed violation monitoring system is in use to be mounted on advance 19 warning signs notifying motor vehicle operators of such upcoming school 20 speed zone and/or on speed limit signs applicable within such school 21 speed zone, in conformance with standards established in the MUTCD. 22 3. Operators of photo speed violation monitoring systems shall have 23 completed training in the procedures for setting up, testing, and oper- 24 ating such systems. Each such operator shall complete and sign a daily 25 set-up log for each such system that he or she operates that (i) states 26 the date and time when, and the location where, the system was set up 27 that day, and (ii) states that such operator successfully performed, and 28 the system passed, the self-tests of such system before producing a 29 recorded image that day. The city shall retain each such daily log until 30 the later of the date on which the photo speed violation monitoring 31 system to which it applies has been permanently removed from use or the 32 final resolution of all cases involving notices of liability issued 33 based on photographs, microphotographs, videotape or other recorded 34 images produced by such system. 35 4. Each photo speed violation monitoring system shall undergo an annu- 36 al calibration check performed by an independent calibration laboratory 37 which shall issue a signed certificate of calibration. The city shall 38 keep each such annual certificate of calibration on file until the final 39 resolution of all cases involving a notice of liability issued during 40 such year which were based on photographs, microphotographs, videotape 41 or other recorded images produced by such photo speed violation monitor- 42 ing system. 43 5. (i) Such demonstration program shall utilize necessary technologies 44 to ensure, to the extent practicable, that photographs, microphoto- 45 graphs, videotape or other recorded images produced by such photo speed 46 violation monitoring systems shall not include images that identify the 47 driver, the passengers, or the contents of the vehicle. Provided, 48 however, that no notice of liability issued pursuant to this section 49 shall be dismissed solely because such a photograph, microphotograph, 50 videotape or other recorded image allows for the identification of the 51 driver, the passengers, or the contents of vehicles where the city shows 52 that it made reasonable efforts to comply with the provisions of this 53 paragraph in such case. 54 (ii) Photographs, microphotographs, videotape or any other recorded 55 image from a photo speed violation monitoring system shall be for the 56 exclusive use of the city for the purpose of the adjudication of liabil-A. 6687--A 3 1 ity imposed pursuant to this section and of the owner receiving a notice 2 of liability pursuant to this section, and shall be destroyed by the 3 city upon the final resolution of the notice of liability to which such 4 photographs, microphotographs, videotape or other recorded images 5 relate, or one year following the date of issuance of such notice of 6 liability, whichever is later. Notwithstanding the provisions of any 7 other law, rule or regulation to the contrary, photographs, microphoto- 8 graphs, videotape or any other recorded image from a photo speed 9 violation monitoring system shall not be open to the public, nor subject 10 to civil or criminal process or discovery, nor used by any court or 11 administrative or adjudicatory body in any action or proceeding therein 12 except that which is necessary for the adjudication of a notice of 13 liability issued pursuant to this section, and no public entity or 14 employee, officer or agent thereof shall disclose such information, 15 except that such photographs, microphotographs, videotape or any other 16 recorded images from such systems: 17 (A) shall be available for inspection and copying and use by the motor 18 vehicle owner and operator for so long as such photographs, microphoto- 19 graphs, videotape or other recorded images are required to be maintained 20 or are maintained by such public entity, employee, officer or agent; and 21 (B) (1) shall be furnished when described in a search warrant issued 22 by a court authorized to issue such a search warrant pursuant to article 23 six hundred ninety of the criminal procedure law or a federal court 24 authorized to issue such a search warrant under federal law, where such 25 search warrant states that there is reasonable cause to believe such 26 information constitutes evidence of, or tends to demonstrate that, a 27 misdemeanor or felony offense was committed in this state or another 28 state, or that a particular person participated in the commission of a 29 misdemeanor or felony offense in this state or another state, provided, 30 however, that if such offense was against the laws of another state, the 31 court shall only issue a warrant if the conduct comprising such offense 32 would, if occurring in this state, constitute a misdemeanor or felony 33 against the laws of this state; and 34 (2) shall be furnished in response to a subpoena duces tecum signed by 35 a judge of competent jurisdiction and issued pursuant to article six 36 hundred ten of the criminal procedure law or a judge or magistrate of a 37 federal court authorized to issue such a subpoena duces tecum under 38 federal law, where the judge finds and the subpoena states that there is 39 reasonable cause to believe such information is relevant and material to 40 the prosecution, or the defense, or the investigation by an authorized 41 law enforcement official, of the alleged commission of a misdemeanor or 42 felony in this state or another state, provided, however, that if such 43 offense was against the laws of another state, such judge or magistrate 44 shall only issue such subpoena if the conduct comprising such offense 45 would, if occurring in this state, constitute a misdemeanor or felony in 46 this state; and 47 (3) may, if lawfully obtained pursuant to this clause and clause (A) 48 of this subparagraph and otherwise admissible, be used in such criminal 49 action or proceeding. 50 (b) If the city of Syracuse establishes a demonstration program pursu- 51 ant to subdivision (a) of this section, the owner of a vehicle shall be 52 liable for a penalty imposed pursuant to this section if such vehicle 53 was used or operated with the permission of the owner, express or 54 implied, within a school speed zone in violation of subdivision (c) or 55 during the times authorized pursuant to subdivision (a) of this section 56 in violation of subdivision (b), (d), (f) or (g) of section elevenA. 6687--A 4 1 hundred eighty of this article, such vehicle was traveling at a speed of 2 more than ten miles per hour above the posted speed limit in effect 3 within such school speed zone, and such violation is evidenced by infor- 4 mation obtained from a photo speed violation monitoring system; provided 5 however that no owner of a vehicle shall be liable for a penalty imposed 6 pursuant to this section where the operator of such vehicle has been 7 convicted of the underlying violation of subdivision (b), (c), (d), (f) 8 or (g) of section eleven hundred eighty of this article. 9 (c) For purposes of this section, the following terms shall have the 10 following meanings: 11 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 12 the manual and specifications for a uniform system of traffic control 13 devices maintained by the commissioner of transportation pursuant to 14 section sixteen hundred eighty of this chapter; 15 2. "owner" shall have the meaning provided in article two-B of this 16 chapter; 17 3. "photo speed violation monitoring system" shall mean a vehicle 18 sensor installed to work in conjunction with a speed measuring device 19 which automatically produces two or more photographs, two or more micro- 20 photographs, a videotape or other recorded images of each vehicle at the 21 time it is used or operated in a school speed zone in violation of 22 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 23 of this article in accordance with the provisions of this section; and 24 4. "school speed zone" shall mean a distance not to exceed one thou- 25 sand three hundred twenty feet on a highway passing a school building, 26 entrance or exit of a school abutting on the highway. 27 (d) A certificate, sworn to or affirmed by a technician employed by 28 the city of Syracuse, or a facsimile thereof, based upon inspection of 29 photographs, microphotographs, videotape or other recorded images 30 produced by a photo speed violation monitoring system, shall be prima 31 facie evidence of the facts contained therein. Any photographs, micro- 32 photographs, videotape or other recorded images evidencing such a 33 violation shall include at least two date and time stamped images of the 34 rear of the motor vehicle that include the same stationary object near 35 the motor vehicle and shall be available for inspection reasonably in 36 advance of and at any proceeding to adjudicate the liability for such 37 violation pursuant to this section. 38 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 39 or (g) of section eleven hundred eighty of this article pursuant to a 40 demonstration program established pursuant to this section shall be 41 liable for monetary penalties in accordance with a schedule of fines and 42 penalties to be promulgated by the parking violations bureau of the city 43 of Syracuse. The liability of the owner pursuant to this section shall 44 not exceed fifty dollars for each violation; provided, however, that 45 such parking violations bureau may provide for an additional penalty not 46 in excess of twenty-five dollars for each violation for the failure to 47 respond to a notice of liability within the prescribed time period. 48 (f) An imposition of liability under the demonstration program estab- 49 lished pursuant to this section shall not be deemed a conviction as an 50 operator and shall not be made part of the operating record of the 51 person upon whom such liability is imposed nor shall it be used for 52 insurance purposes in the provision of motor vehicle insurance coverage. 53 (g) 1. A notice of liability shall be sent by first class mail to each 54 person alleged to be liable as an owner for a violation of subdivision 55 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 56 cle pursuant to this section, within fourteen business days if suchA. 6687--A 5 1 owner is a resident of this state and within forty-five business days if 2 such owner is a non-resident. Personal delivery on the owner shall not 3 be required. A manual or automatic record of mailing prepared in the 4 ordinary course of business shall be prima facie evidence of the facts 5 contained therein. 6 2. A notice of liability shall contain the name and address of the 7 person alleged to be liable as an owner for a violation of subdivision 8 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 9 cle pursuant to this section, the registration number of the vehicle 10 involved in such violation, the location where such violation took 11 place, the date and time of such violation, the identification number of 12 the camera which recorded the violation or other document locator 13 number, at least two date and time stamped images of the rear of the 14 motor vehicle that include the same stationary object near the motor 15 vehicle, and the certificate charging the liability. 16 3. The notice of liability shall contain information advising the 17 person charged of the manner and the time in which he or she may contest 18 the liability alleged in the notice. Such notice of liability shall also 19 contain a prominent warning to advise the person charged that failure to 20 contest in the manner and time provided shall be deemed an admission of 21 liability and that a default judgment may be entered thereon. 22 4. The notice of liability shall be prepared and mailed by the city of 23 Syracuse, or by any other entity authorized by the city to prepare and 24 mail such notice of liability. 25 (h) Adjudication of the liability imposed upon owners of this section 26 shall be by the city of Syracuse parking violations bureau. 27 (i) If an owner receives a notice of liability pursuant to this 28 section for any time period during which the vehicle or the number plate 29 or plates of such vehicle was reported to the police department as 30 having been stolen, it shall be a valid defense to an allegation of 31 liability for a violation of subdivision (b), (c), (d), (f) or (g) of 32 section eleven hundred eighty of this article pursuant to this section 33 that the vehicle or the number plate or plates of such vehicle had been 34 reported to the police as stolen prior to the time the violation 35 occurred and had not been recovered by such time. For purposes of 36 asserting the defense provided by this subdivision, it shall be suffi- 37 cient that a certified copy of the police report on the stolen vehicle 38 or number plate or plates of such vehicle be sent by first class mail to 39 the city of Syracuse parking violations bureau or by any other entity 40 authorized by the city to prepare and mail such notice of liability. 41 (j) Adjudication of the liability imposed upon owners of this section 42 shall be by the city of Syracuse parking violations bureau. 43 (k) 1. An owner who is a lessor of a vehicle to which a notice of 44 liability was issued pursuant to subdivision (g) of this section shall 45 not be liable for the violation of subdivision (b), (c), (d), (f) or (g) 46 of section eleven hundred eighty of this article pursuant to this 47 section, provided that: 48 (i) prior to the violation, the lessor has filed with such parking 49 violations bureau in accordance with the provisions of section two 50 hundred thirty-nine of this chapter; and 51 (ii) within thirty-seven days after receiving notice from such bureau 52 of the date and time of a liability, together with the other information 53 contained in the original notice of liability, the lessor submits to 54 such bureau the correct name and address of the lessee of the vehicle 55 identified in the notice of liability at the time of such violation, 56 together with such other additional information contained in the rental,A. 6687--A 6 1 lease or other contract document, as may be reasonably required by such 2 bureau pursuant to regulations that may be promulgated for such purpose. 3 2. Failure to comply with subparagraph (ii) of paragraph one of this 4 subdivision shall render the owner liable for the penalty prescribed in 5 this section. 6 3. Where the lessor complies with the provisions of paragraph one of 7 this subdivision, the lessee of such vehicle on the date of such 8 violation shall be deemed to be the owner of such vehicle for purposes 9 of this section, shall be subject to liability for such violation pursu- 10 ant to this section and shall be sent a notice of liability pursuant to 11 subdivision (g) of this section. 12 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 13 of section eleven hundred eighty of this article pursuant to this 14 section was not the operator of the vehicle at the time of the 15 violation, the owner may maintain an action for indemnification against 16 the operator. 17 2. Notwithstanding any other provision of this section, no owner of a 18 vehicle shall be subject to a monetary fine imposed pursuant to this 19 section if the operator of such vehicle was operating such vehicle with- 20 out the consent of the owner at the time such operator operated such 21 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 22 eleven hundred eighty of this article. For purposes of this subdivision 23 there shall be a presumption that the operator of such vehicle was oper- 24 ating such vehicle with the consent of the owner at the time such opera- 25 tor operated such vehicle in violation of subdivision (b), (c), (d), (f) 26 or (g) of section eleven hundred eighty of this article. 27 (m) Nothing in this section shall be construed to limit the liability 28 of an operator of a vehicle for any violation of subdivision (c) or (d) 29 of section eleven hundred eighty of this article. 30 (n) If the city adopts a demonstration program pursuant to subdivision 31 (a) of this section it shall conduct a study and submit an annual report 32 on the results of the use of photo devices to the governor, the tempo- 33 rary president of the senate and the speaker of the assembly on or 34 before the first day of June next succeeding the effective date of this 35 section and on the same date in each succeeding year in which the demon- 36 stration program is operable. Such report shall include: 37 1. the locations where and dates when photo speed violation monitoring 38 systems were used; 39 2. the aggregate number, type and severity of crashes, fatalities, 40 injuries and property damage reported within all school speed zones 41 within the city, to the extent the information is maintained by the 42 department of motor vehicles of this state; 43 3. the aggregate number, type and severity of crashes, fatalities, 44 injuries and property damage reported within school speed zones where 45 photo speed violation monitoring systems were used, to the extent the 46 information is maintained by the department of motor vehicles of this 47 state; 48 4. the number of violations recorded within all school speed zones 49 within the city, in the aggregate on a daily, weekly and monthly basis; 50 5. the number of violations recorded within each school speed zone 51 where a photo speed violation monitoring system is used, in the aggre- 52 gate on a daily, weekly and monthly basis; 53 6. the number of violations recorded within all school speed zones 54 within the city that were: 55 (i) more than ten but not more than twenty miles per hour over the 56 posted speed limit;A. 6687--A 7 1 (ii) more than twenty but not more than thirty miles per hour over the 2 posted speed limit; 3 (iii) more than thirty but not more than forty miles per hour over the 4 posted speed limit; and 5 (iv) more than forty miles per hour over the posted speed limit; 6 7. the number of violations recorded within each school speed zone 7 where a photo speed violation monitoring system is used that were: 8 (i) more than ten but not more than twenty miles per hour over the 9 posted speed limit; 10 (ii) more than twenty but not more than thirty miles per hour over the 11 posted speed limit; 12 (iii) more than thirty but not more than forty miles per hour over the 13 posted speed limit; and 14 (iv) more than forty miles per hour over the posted speed limit; 15 8. the total number of notices of liability issued for violations 16 recorded by such systems; 17 9. the number of fines and total amount of fines paid after the first 18 notice of liability issued for violations recorded by such systems; 19 10. the number of violations adjudicated and the results of such adju- 20 dications including breakdowns of dispositions made for violations 21 recorded by such systems; 22 11. the total amount of revenue realized by the city in connection 23 with the program; 24 12. the expenses incurred by the city in connection with the program; 25 and 26 13. the quality of the adjudication process and its results. 27 (o) It shall be a defense to any prosecution for a violation of subdi- 28 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 29 this article pursuant to this section that such photo speed violation 30 monitoring system was malfunctioning at the time of the alleged 31 violation. 32 § 2. Subdivision 2 of section 87 of the public officers law is amended 33 by adding a new paragraph (s) to read as follows: 34 (s) are photographs, microphotographs, videotape or other recorded 35 images prepared under authority of section eleven hundred eighty-f of 36 the vehicle and traffic law. 37 § 3. The purchase or lease of equipment for a demonstration program 38 established pursuant to section 1180-f of the vehicle and traffic law, 39 as added by section one of this act, shall be subject to the provisions 40 of section 103 of the general municipal law. 41 § 4. This act shall take effect on the thirtieth day after it shall 42 have become a law and shall expire December 31, 2028, when upon such 43 date the provisions of this act shall be deemed repealed. Effective 44 immediately, the addition, amendment and/or repeal of any rule or regu- 45 lation necessary for the implementation of this act on its effective 46 date are authorized to be made and completed on or before such effective 47 date.