Bill Text: NY A07330 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to reporting of drivers who pass stopped school buses; provides for a procedure and form for school bus drivers and individuals to report to local law enforcement any driver of a motor vehicle that has passed a stopped school bus; such report may be filed by the driver of a school bus or any individual who observes such violation; makes provisions for false reporting and provides for sanctions, including suspension of driver's license, for failure to respond to a summons issued pursuant to a report.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A07330 Detail]

Download: New_York-2011-A07330-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7330
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 29, 2011
                                      ___________
       Introduced by M. of A. BARRON -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to reporting of
         drivers who pass a stopped school bus and the sanctions therefor
         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 1174-a to read as follows:
    3    S 1174-A. PASSING OF STOPPED SCHOOL BUS; REPORTING BY SCHOOL BUS OPER-
    4  ATORS  AND INDIVIDUALS. (A) THE OPERATOR OF A SCHOOL BUS OR ANY INDIVID-
    5  UAL WHO OBSERVES A VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF
    6  THIS  ARTICLE  MAY  SUBMIT  A  SIGNED  REPORT, ON A FORM PREPARED BY THE
    7  COMMISSIONER, WHICH INDICATES THAT A VIOLATION OCCURRED.    SUCH  REPORT
    8  SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
    9    1. THE DATE AND APPROXIMATE TIME OF THE VIOLATION;
   10    2.  A  DESCRIPTION  OF  THE  ALLEGED  VIOLATOR, OR THE IDENTITY OF THE
   11  VIOLATOR, IF KNOWN TO THE SCHOOL BUS OPERATOR OR INDIVIDUAL; AND
   12    3. THE LICENSE NUMBER AND THE TYPE, MODEL, OR OTHER IDENTIFYING  CHAR-
   13  ACTERISTICS OF THE VEHICLE.
   14    SUCH  REPORT  SHALL  BE  DELIVERED  TO A LOCAL LAW ENFORCEMENT OFFICER
   15  WITHIN FORTY-EIGHT HOURS, AND SUCH OFFICER SHALL FORWARD A COPY  TO  THE
   16  COMMISSIONER.
   17    (B)  A DRIVER OF A SCHOOL BUS WHO KNOWINGLY FILES FALSE INFORMATION IN
   18  THE REPORT REQUIRED BY THIS SECTION SHALL BE SUBJECT  TO  THE  DISQUALI-
   19  FICATION SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISIONS ONE AND TWO
   20  OF SECTION FIVE HUNDRED NINE-C OF THIS CHAPTER, IN ADDITION TO ANY OTHER
   21  PENALTY PROVIDED BY LAW. ANY INDIVIDUAL WHO KNOWINGLY FILES FALSE INFOR-
   22  MATION  IN  THE  REPORT  REQUIRED  BY THIS SECTION SHALL BE SUBJECT TO A
   23  VIOLATION, PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR  MORE
   24  THAN ONE HUNDRED DOLLARS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09536-01-1
       A. 7330                             2
    1    (C) UPON THE REPORT OF THE INFORMATION SPECIFIED IN SUBDIVISION (A) OF
    2  THIS  SECTION, SUCH LAW ENFORCEMENT OFFICER SHALL ISSUE A SUMMONS TO THE
    3  VIOLATOR OR SHALL INITIATE AN INVESTIGATION BASED ON THE INFORMATION  SO
    4  PROVIDED. A NOTICE OF VIOLATION SHALL BE SENT TO THE PERSON OR ENTITY IN
    5  WHOSE  NAME THE VEHICLE IS REGISTERED. THE OWNER OR LESSEE OF SUCH VEHI-
    6  CLE SHALL, UPON RECEIPT OF A NOTICE OF VIOLATION ISSUED BY THE  ENFORCE-
    7  MENT BUREAU OF THE MUNICIPALITY HAVING JURISDICTION, IDENTIFY THE OPERA-
    8  TOR  OF THE VEHICLE AT THE TIME OF THE ALLEGED VIOLATION, TO THE BEST OF
    9  THE OWNER'S OR LESSEE'S ABILITY TO DO SO. FAILURE TO DO SO SHALL CONSTI-
   10  TUTE A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS  ARTICLE
   11  AND  SUCH  LESSEE  OR  OWNER  SHALL BE SUBJECT TO THE MONETARY PENALTIES
   12  SPECIFIED IN SUCH SECTION.
   13    (D) 1. A NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH
   14  PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF THIS SECTION.
   15  A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY  COURSE
   16  OF  BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THERE-
   17  IN.
   18    2. A NOTICE OF VIOLATION SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
   19  PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF THIS SECTION,
   20  THE  REGISTRATION  NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE
   21  LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE  DATE  AND  TIME  OF  SUCH
   22  VIOLATION.
   23    3.  A  NOTICE  OF THE VIOLATION SHALL CONTAIN INFORMATION ADVISING THE
   24  PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
   25  THE VIOLATION ALLEGED IN THE NOTICE, AND SHALL ALSO CONTAIN A WARNING TO
   26  ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST  IN  THE  MANNER  AND
   27  TIME  PROVIDED  SHALL  BE  DEEMED  AN  ADMISSION OF LIABILITY AND THAT A
   28  DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
   29    (E) ADJUDICATION OF THE VIOLATION PRESCRIBED BY THIS SECTION SHALL  BE
   30  BY  A  TRAFFIC  VIOLATIONS  BUREAU ESTABLISHED PURSUANT TO SECTION THREE
   31  HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE  BE  NONE,  BY
   32  THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   33    (F)  ANY  REGISTERED OWNER OR REGISTRANT WHICH IS AN AUTOMOBILE RENTAL
   34  OR LEASING COMPANY AND WHICH RECEIVES A NOTIFICATION UNDER THIS  SECTION
   35  SHALL DELIVER OR MAIL A COPY OF THE RENTAL OR LEASING AGREEMENT COVERING
   36  THE VEHICLE ON THAT DATE, WITH THE NAME AND ADDRESS OF THE LESSEE CLEAR-
   37  LY  LEGIBLE,  WITHIN  FIFTEEN  DAYS  TO THE APPROPRIATE MUNICIPAL AGENCY
   38  WHICH ISSUED SUCH NOTICE OF VIOLATION. FAILURE TO SEND SUCH  INFORMATION
   39  WITHIN  THE PRESCRIBED TIME PERIOD SHALL RENDER SUCH REGISTERED OWNER OR
   40  REGISTRANT RESPONSIBLE FOR  THE  MONETARY  PENALTY  PRESCRIBED  IN  THIS
   41  SECTION.
   42    (G)  IF  A  REGISTRANT,  LESSEE,  OR  OPERATOR  RECEIVES  A  NOTICE OF
   43  VIOLATION AS PRESCRIBED BY THIS SECTION FOR ANY TIME PERIOD DURING WHICH
   44  THE VEHICLE WAS STOLEN, SUCH PERSON SHALL NOT  BE  RESPONSIBLE  FOR  THE
   45  VIOLATION PROVIDING THAT A COPY OF THE POLICE REPORT ON THE STOLEN VEHI-
   46  CLE  IS  FORWARDED  WITHIN FIFTEEN DAYS TO THE ENFORCEMENT BUREAU OF THE
   47  MUNICIPALITY HAVING JURISDICTION. FAILURE TO SEND SUCH INFORMATION WITH-
   48  IN SUCH FIFTEEN DAY TIME PERIOD SHALL RENDER SUCH PERSON RESPONSIBLE FOR
   49  THE MONETARY PENALTY PRESCRIBED BY SECTION ELEVEN  HUNDRED  SEVENTY-FOUR
   50  OF THIS ARTICLE.
   51    (H) IF THE REGISTRANT OR LESSEE WAS NOT THE OPERATOR OF THE VEHICLE AT
   52  THE TIME OF THE VIOLATION, THE REGISTRANT MAY MAINTAIN A CAUSE OF ACTION
   53  TO  RECOVER  FROM THE OPERATOR ANY PENALTY IMPOSED UNDER THIS SECTION IN
   54  ADDITION TO ANY OTHER DAMAGES  SUFFERED  BY  THE  REGISTRANT  OR  LESSEE
   55  RESULTING FROM THE VIOLATION.
       A. 7330                             3
    1    S  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
    2  traffic law is amended by adding a new subparagraph  (xvi)  to  read  as
    3  follows:
    4    (XVI)  UNTIL  THE  HOLDER  RESPONDS  TO  A  SUMMONS ISSUED PURSUANT TO
    5  SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER OR  COMPLIES  WITH
    6  THE  FINAL DECISION OF A COURT OR ADMINISTRATIVE TRIBUNAL OF APPROPRIATE
    7  JURISDICTION WITH REGARD TO SUCH SUMMONS.
    8    S 3. This act shall take effect on the first of January next  succeed-
    9  ing the date on which it shall have become a law.