Bill Text: NY A07537 | 2021-2022 | General Assembly | Introduced
Bill Title: Imposes liability on owners of motor vehicles for failure to comply with vehicle sound limits in the city of New York.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A07537 Detail]
Download: New_York-2021-A07537-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7537 2021-2022 Regular Sessions IN ASSEMBLY May 13, 2021 ___________ Introduced by M. of A. D. ROSENTHAL -- read once and referred to the Committee on Transportation AN ACT to amend the administrative code of the city of New York, in relation to imposing liability on owners of motor vehicles for failure to comply with vehicle sound limits; to amend the public officers law, in relation to access to certain agency records; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 24-236.1 to read as follows: 3 § 24-236.1 Owner liability for failure to comply with motor vehicle 4 sound limits. (a) Definitions. For the purposes of this section, the 5 following terms shall have the following meanings: 6 (1) "Decibel reader" shall refer to a measuring instrument used to 7 assess noise or sound levels by measuring sound pressure and which 8 expresses such level in the unit of a decibel (dB). 9 (2) "Lessee" shall mean any person, corporation, firm, partnership, 10 agency, association or organization that rents, bails, leases or 11 contracts for the use of one or more vehicles and has the exclusive use 12 thereof for any period of time. 13 (3) "Lessor" shall mean any person, corporation, firm, partnership, 14 agency, association or organization engaged in the business of renting 15 or leasing vehicles to any lessee or bailee under a rental agreement, 16 lease or otherwise, wherein the said lessee or bailee has the exclusive 17 use of said vehicle for any period of time. 18 (4) "Manual uniform traffic-control device" or "MUTCD" shall mean the 19 manual and specifications for a uniform system of traffic-control 20 devices maintained by the state commissioner of transportation pursuant 21 to section sixteen hundred eighty of the vehicle and traffic law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10723-02-1A. 7537 2 1 (5) "Motor vehicle owner" shall mean any person, corporation, partner- 2 ship, firm, agency, association, lessor, or organization who at the time 3 of the issuance of a notice of violation: 4 (i) is the beneficial or equitable owner of such vehicle; 5 (ii) has title to such vehicle; 6 (iii) is the registrant or co-registrant of such vehicle which is 7 registered with the department of motor vehicles of this state or any 8 other state, territory, district, province, nation or other jurisdic- 9 tion; 10 (iv) uses such vehicle in its vehicle renting and/or leasing business; 11 or 12 (v) is an owner of such vehicle as defined by section one hundred 13 twenty-eight of the vehicle and traffic law. 14 Provided that "motor vehicle" shall retain the same meaning as 15 provided in subdivision thirty-eight of section 24-203 of this chapter. 16 (6) "Motor vehicle noise limits" shall refer to the noise limits 17 prescribed in section 24-236 of this subchapter. 18 (7) "Notice of violation" shall refer to the notice described in 19 section 25-259 of this code. 20 (8) "Operators of photo noise violation monitoring systems" shall mean 21 any natural or legal person authorized to set up, test, or operate the 22 noise violation monitoring system described herein by the city of New 23 York. 24 (9) "Photo noise monitoring system" shall mean a mobile or fixed vehi- 25 cle sensor installed to work in conjunction with a noise measuring 26 device such as a decibel reader which automatically produces two or more 27 photographs, two or more microphotographs, a videotape or other recorded 28 images of each vehicle at the time it is used or operated in violation 29 of the motor vehicle noise limits prescribed in section 24-236 of this 30 subchapter. 31 (b) (1) Notwithstanding any provision of law to the contrary, the city 32 is hereby authorized to establish a demonstration program of photo noise 33 violation monitoring systems to monitor compliance with motor vehicle 34 noise limits. Any vehicle found to be violating such limits shall be 35 issued a notice of violation and subject to the civil penalty prescribed 36 in table I of paragraph five of subdivision (b) of section 24-257 of 37 this chapter. 38 (2) No photo noise violation monitoring system shall be used unless 39 (i) on the day it is to be used it has successfully passed a self-test 40 of its functions; and (ii) it has undergone an annual calibration check 41 performed pursuant to paragraph four of this subdivision. The city shall 42 install signs giving notice to approaching motor vehicle operators that 43 a photo noise violation monitoring system is in use, in conformance with 44 standards established in the MUTCD. 45 (3) Operators of photo noise violation monitoring systems shall have 46 completed training in the procedures for setting up, testing, and oper- 47 ating such systems. Each such operator shall maintain a daily camera log 48 report for each such system that (i) states the date and time when, and 49 the location where, the system was set up that day; and (ii) states that 50 such operator successfully performed, and the system passed, the self- 51 tests of such system before producing a recorded image that day. The 52 city shall retain each such daily camera log report until the later of 53 the date on which the photo noise violation monitoring system to which 54 it applies has been permanently removed from use or the final resolution 55 of all cases involving notices of violation issued based on photographs,A. 7537 3 1 microphotographs, video or other recorded images produced by such 2 system. 3 (4) Each photo noise violation monitoring system shall undergo an 4 annual calibration check performed by an independent calibration labora- 5 tory which shall issue a signed certificate of calibration. The city 6 shall keep each such annual certificate of calibration on file until the 7 final resolution of all cases involving a notice of violation issued 8 during such year which were based on photographs, microphotographs, 9 videotape or other recorded images produced by such photo noise 10 violation monitoring system. 11 (5) It shall be a defense to any prosecution for a violation of motor 12 vehicle noise limits pursuant to this section that such photo noise 13 violation monitoring system was malfunctioning at the time of the 14 alleged violation. 15 (6) (i) Such demonstration program shall utilize necessary technolo- 16 gies to ensure, to the extent practicable, that photographs, microphoto- 17 graphs, videotape or other recorded images produced by such photo noise 18 violation monitoring systems shall not include images that identify the 19 driver, the passengers, or the contents of the vehicle. Provided, howev- 20 er, that no notice of violation issued pursuant to this section shall be 21 dismissed solely because such a photograph, microphotograph, videotape 22 or other recorded image allows for the identification of the driver, the 23 passengers, or the contents of vehicles where the city shows that it 24 made reasonable efforts to comply with the provisions of this subpara- 25 graph in such case. 26 (ii) Photographs, microphotographs, videotape or any other recorded 27 image from a photo noise violation monitoring system shall be for the 28 exclusive use of the city for the purpose of the adjudication of liabil- 29 ity imposed pursuant to section 24-257 of this chapter and of the motor 30 vehicle owner receiving a notice of violation, and shall be destroyed by 31 the city upon the final resolution of the notice of violation to which 32 such photographs, microphotographs, videotape or other recorded images 33 relate, or one year following the date of issuance of such notice of 34 violation, whichever is later. Notwithstanding the provisions of any 35 other law, rule or regulation to the contrary, photographs, microphoto- 36 graphs, videotape or any other recorded image from a photo noise 37 violation monitoring system shall not be available to the public, nor 38 subject to civil or criminal process or discovery, nor used by any court 39 or administrative or adjudicatory body in any action or proceeding ther- 40 ein except that which is necessary for the adjudication of a notice of 41 violation, and no public entity or employee, officer or agent thereof 42 shall disclose such information, except that such photographs, micropho- 43 tographs, videotape or any other recorded images from such systems: 44 (A) shall be available for inspection and copying and use by the motor 45 vehicle owner and operator for so long as such photographs, microphoto- 46 graphs, videotape or other recorded images are required to be maintained 47 or are maintained by such public entity, employee, officer or agent; and 48 (B) (1) shall be furnished when described in a search warrant issued 49 by a court authorized to issue such a search warrant pursuant to article 50 six hundred ninety of the criminal procedure law or a federal court 51 authorized to issue such a search warrant under federal law, where such 52 search warrant states that there is reasonable cause to believe such 53 information constitutes evidence of, or tends to demonstrate that, a 54 misdemeanor or felony offense was committed in this state or another 55 state, or that a particular person participated in the commission of a 56 misdemeanor or felony offense in this state or another state, provided,A. 7537 4 1 however, that if such offense was against the laws of another state, the 2 court shall only issue a warrant if the conduct comprising such offense 3 would, if occurring in this state, constitute a misdemeanor or felony 4 against the laws of this state; 5 (2) shall be furnished in response to a subpoena duces tecum signed by 6 a judge of competent jurisdiction and issued pursuant to article six 7 hundred ten of the criminal procedure law or a judge or magistrate of a 8 federal court authorized to issue such a subpoena duces tecum under 9 federal law, where the judge finds and the subpoena states that there is 10 reasonable cause to believe such information is relevant and material to 11 the prosecution, or the defense, or the investigation by an authorized 12 law enforcement official, of the alleged commission of a misdemeanor or 13 felony in this state or another state, provided, however, that if such 14 offense was against the laws of another state, such judge or magistrate 15 shall only issue such subpoena if the conduct comprising such offense 16 would, if occurring in this state, constitute a misdemeanor or felony in 17 this state; and 18 (3) may, if lawfully obtained pursuant to this clause and clause (A) 19 of this subparagraph and otherwise admissible, be used in such criminal 20 action or proceeding. 21 (7) A certificate, sworn to or affirmed by a technician employed by 22 the city of New York, or a facsimile thereof, based upon inspection of 23 photographs, microphotographs, videotape or other recorded images 24 produced by a photo noise violation monitoring system, shall be prima 25 facie evidence of the facts contained therein. Any photographs, micro- 26 photographs, videotape or other recorded images evidencing such a 27 violation shall include at least two date and time stamped images of the 28 rear of the motor vehicle that include the same stationary object near 29 the motor vehicle and shall be available for inspection reasonably in 30 advance of and at any proceeding to adjudicate the liability for such 31 violation pursuant to subchapter eight of this chapter. 32 (8) A notice of violation shall be sent by first class mail to each 33 person alleged to be liable as a motor vehicle owner for a violation of 34 motor vehicle noise limits, within fourteen business days if such owner 35 is a resident of this state and within forty-five business days if such 36 owner is a non-resident. Personal delivery on the owner shall not be 37 required. A manual or automatic record of mailing prepared in the ordi- 38 nary course of business shall be prima facie evidence of the facts 39 contained therein. 40 (9) A notice of violation shall contain the name and address of the 41 person alleged to be liable as a motor vehicle owner for a violation of 42 motor vehicle noise limits, as documented by a photo noise violation 43 monitoring system, the registration number of the vehicle involved in 44 such violation, the location where such violation took place, the date 45 and time of such violation, the identification number of the camera 46 which recorded the violation or other document locator number, at least 47 two date and time stamped images of the rear of the motor vehicle that 48 include the same stationary object near the motor vehicle, and the 49 certificate charging the violation, which shall be a statement within 50 the notice of violation that an owner violated motor vehicle noise 51 limits pursuant to this section and is liable for penalties in accord- 52 ance with this section. 53 (10) The notice of violation shall contain information advising the 54 person charged of the manner and the time in which he or she may contest 55 the liability alleged in the notice in a hearing pursuant to section 56 24-263 of this chapter.A. 7537 5 1 (11) If a motor vehicle owner receives a notice of violation pursuant 2 to this section for any time period during which the vehicle or the 3 number plate or plates of such vehicle was reported to the police 4 department as having been stolen, it shall be a valid defense to an 5 allegation of liability for a violation of motor vehicle noise limits 6 that the vehicle or the number plate or plates of such vehicle had been 7 reported to the police as stolen prior to the time the violation 8 occurred and had not been recovered by such time. For purposes of 9 asserting the defense provided by this paragraph, it shall be sufficient 10 that a certified copy of the police report on the stolen vehicle or 11 number plate or plates of such vehicle be sent by first class mail to 12 the environmental control board of the city of New York. 13 (12) A motor vehicle owner who is a lessor of a vehicle to which a 14 notice of violation is issued shall not be liable for the violation of 15 motor vehicle noise limits, provided that: 16 (i) prior to the violation, the lessor has filed with the environ- 17 mental control board of the city of New York in accordance with the 18 provisions of section two hundred thirty-nine of the vehicle and traffic 19 law; and 20 (ii) within thirty-seven days after receiving notice from such board 21 of the date and time of the violation, together with the other informa- 22 tion contained in the notice of violation, the lessor submits to such 23 board the correct name and address of the lessee of the vehicle identi- 24 fied in the notice of violation at the time of such violation, together 25 with such additional information contained in the rental, lease, or 26 other contract document, as may be reasonably required by such board 27 pursuant to regulations promulgated for such purpose. 28 (13) Failure to comply with the provisions of paragraph twelve of this 29 subdivision shall render the motor vehicle owner liable for the penalty 30 prescribed in table I of paragraph five of subdivision (b) of section 31 24-257 of this chapter. 32 (14) Where the lessor complies with the provisions of paragraph twelve 33 of this subdivision, the lessee of such vehicle on the date of such 34 violation shall be deemed to be the owner of such vehicle for purposes 35 of this section, shall be subject to liability for such violation pursu- 36 ant to this section and shall be sent a notice of violation pursuant to 37 paragraph eight of this section. 38 (15) If the motor vehicle owner liable for a violation of motor vehi- 39 cle noise limits pursuant to this section was not the operator of the 40 vehicle at the time of the violation, the owner may maintain an action 41 for indemnification against the operator. 42 (16) Notwithstanding any other provision of this section, no owner of 43 a vehicle shall be subject to a monetary fine imposed pursuant to table 44 I of paragraph five of subdivision (b) of section 24-257 of this chapter 45 if the operator of such vehicle was operating such vehicle without the 46 consent of the owner at the time of the violation. For purposes of this 47 paragraph there shall be a presumption that the operator of such vehicle 48 was operating such vehicle with the consent of the owner at the time of 49 such violation. 50 (c) If the city adopts a demonstration program pursuant to subdivision 51 (b) of this section it shall conduct a study and submit an annual report 52 on the results of the use of photo devices to the governor, the tempo- 53 rary president of the senate and the speaker of the assembly on or 54 before June first of the year in which this section is enacted and on 55 the same date in each succeeding year in which the demonstration program 56 is operable. Such report shall include:A. 7537 6 1 (1) the locations where and dates when photo noise violation monitor- 2 ing systems were used; 3 (2) the number of violations recorded within the city, in the aggre- 4 gate on a daily, weekly and monthly basis; 5 (3) the total number of notices of violation issued for violations 6 recorded by such systems; 7 (4) the number of fines and total amount of fines paid after the first 8 notice of violation issued for violations recorded by such systems; 9 (5) the number of violations adjudicated in accordance with subchapter 10 eight of this chapter and the results of such adjudications including 11 breakdowns of dispositions made for violations recorded by such systems; 12 (6) the total amount of revenue realized by the city in connection 13 with the program; 14 (7) the expenses incurred by the city in connection with the program; 15 and 16 (8) the quality of the adjudication process and its results. 17 § 2. Subdivision 2 of section 87 of the public officers law is amended 18 by adding a new paragraph (r) to read as follows: 19 (r) are photographs, microphotographs, videotape or other recorded 20 images prepared under the authority of section 24-236.1 of the adminis- 21 trative code of the city of New York. 22 § 3. The purchase or lease of equipment for a demonstration program 23 pursuant to section 24-236.1 of the administrative code of the city of 24 New York shall be subject to the provisions of section 103 of the gener- 25 al municipal law. 26 § 4. This act shall take effect on the sixtieth day after it shall 27 have become a law and shall expire 3 years after such effective date 28 when upon such date the provisions of this act shall be deemed repealed. 29 Effective immediately, any rules necessary for the implementation of 30 this act on its effective date are authorized to be promulgated on or 31 before such effective date.
