Bill Text: NY A07646 | 2015-2016 | General Assembly | Amended
Bill Title: Authorizes local authorities to establish owner liability for failure of an operator of a motor vehicle to obey a signal indicating the approach of a train utilizing photo monitoring devices.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-05-16 - print number 7646a [A07646 Detail]
Download: New_York-2015-A07646-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7646--A 2015-2016 Regular Sessions IN ASSEMBLY May 21, 2015 ___________ Introduced by M. of A. ABINANTI, BUCHWALD -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- 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 local authorities to establish demon- stration programs, implementing railroad grade crossing monitoring systems by means of photo devices 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 135-a to read as follows: 3 § 135-a. Railroad grade crossing. A location where railroad tracks 4 intersect a public or private highway, roadway or sidewalk. 5 § 2. The vehicle and traffic law is amended by adding a new section 6 1170-a to read as follows: 7 § 1170-a. Owner liability for failure of operator to obey signal indi- 8 cating approach of train. (a) 1. Notwithstanding any other provision of 9 law, any local authority is hereby authorized and empowered to adopt and 10 amend a local law, ordinance or resolution establishing a demonstration 11 program imposing monetary liability on the owner of a vehicle for fail- 12 ure of an operator thereof to comply with section eleven hundred seventy 13 of this article. Such demonstration program shall empower a local 14 authority to install and operate railroad grade crossing photo viola- 15 tion-monitoring devices at any railroad sign or signal. 16 2. Such demonstration program shall utilize necessary technologies to 17 ensure, to the extent practicable, that photographs produced by such 18 railroad grade crossing photo violation-monitoring systems shall not 19 include images that identify the driver, the passengers or the contents 20 of the vehicle. Provided, however, that no notice of liability issued EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10847-06-6A. 7646--A 2 1 pursuant to this section shall be dismissed solely because a photograph 2 or photographs allow for the identification of the contents of a vehi- 3 cle, provided that such local authority has made a reasonable effort to 4 comply with the provisions of this paragraph. 5 (b) Within the jurisdiction of any such local authority which has 6 adopted a local law, ordinance or resolution pursuant to subdivision (a) 7 of this section, the owner of a vehicle shall be liable for a penalty 8 imposed pursuant to this section if such vehicle was used or operated 9 with the permission of the owner, express or implied, in violation of 10 section eleven hundred seventy of this article, and such violation is 11 evidenced by information obtained from a railroad grade crossing photo 12 violation-monitoring system; provided, however, that no owner of a vehi- 13 cle shall be liable for a penalty imposed pursuant to this section where 14 the operator of such vehicle has been convicted of the underlying 15 violation of section eleven hundred seventy of this article. 16 (c) For purposes of this section, "owner" shall have the meaning 17 provided in article two-B of this chapter. For purposes of this section, 18 "railroad grade crossing photo violation-monitoring system" shall mean a 19 vehicle sensor installed to work in conjunction with a railroad sign or 20 signal which automatically produces two or more photographs, two or more 21 microphotographs, a videotape or other recorded images of each vehicle 22 at the time it is used or operated in violation of section eleven 23 hundred seventy of this article. 24 (d) A certificate, sworn to or affirmed by a technician employed by 25 the local authority in which the charged violation occurred, or a 26 facsimile thereof, based upon inspection of photographs, microphoto- 27 graphs, videotape or other recorded images produced by a railroad grade 28 crossing photo violation-monitoring system, shall be prima facie 29 evidence of the facts contained therein. Any photographs, microphoto- 30 graphs, videotape or other recorded images evidencing such a violation 31 shall be available for inspection in any proceeding to adjudicate the 32 liability for such violation pursuant to a local law, ordinance or 33 resolution adopted pursuant to this section. 34 (e) An owner liable for a violation of section eleven hundred seventy 35 of this article pursuant to a local law, ordinance or resolution adopted 36 pursuant to this section shall be liable for monetary penalties in 37 accordance with a schedule of fines and penalties to be established in 38 such local law, ordinance or resolution. The liability of the owner 39 pursuant to this section shall not exceed one hundred dollars for each 40 violation; provided, however, that an adjudicating authority may provide 41 for an additional penalty of not in excess of twenty-five dollars for 42 each violation for the failure to respond to a notice of liability with- 43 in the prescribed period of time. 44 (f) An imposition of liability under a local law, ordinance or resol- 45 ution adopted pursuant to this section shall not be deemed a conviction 46 as an operator and shall not be made part of the operating record of the 47 person upon whom such liability is imposed nor shall it be used for 48 insurance purposes in the provision of motor vehicle insurance coverage. 49 (g) 1. A notice of liability shall be sent by first class mail to each 50 person alleged to be liable as an owner for a violation of section elev- 51 en hundred seventy of this article pursuant to this section. Personal 52 delivery on the owner shall not be required. A manual or automatic 53 record of mailing prepared in the ordinary course of business shall be 54 prima facie evidence of the facts contained therein. 55 2. 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 section elev-A. 7646--A 3 1 en hundred seventy of this article pursuant to this section, the regis- 2 tration number of the vehicle involved in such violation, the location 3 where such violation took place, the date and time of such violation and 4 the identification number of the camera which recorded the violation or 5 other document locator number. 6 3. The notice of liability shall contain information advising the 7 person charged of the manner and the time in which he or she may contest 8 the liability alleged in the notice. Such notice of liability shall also 9 contain a warning to advise the person charged that failure to contest 10 in the manner and time provided shall be deemed an admission of liabil- 11 ity and that a default judgment may be entered thereon. 12 4. The notice of liability shall be prepared and mailed by the local 13 authority, or by any other entity authorized by such local authority to 14 prepare and mail such notification of violation. 15 (h) Adjudication of the liability imposed upon owners by this section 16 shall be by the court having jurisdiction over traffic infractions, 17 except that if such local authority has established an administrative 18 tribunal to hear and determine complaints of traffic infractions consti- 19 tuting parking, standing or stopping violations such local authority 20 may, by local law, authorize such adjudication by such tribunal. 21 (i) If an owner receives a notice of liability pursuant to this 22 section for any time period during which the vehicle was reported to a 23 law enforcement agency as having been stolen, it shall be a valid 24 defense to an allegation of liability for a violation of section eleven 25 hundred seventy of this article pursuant to this section that the vehi- 26 cle had been reported to the police as stolen prior to the time the 27 violation occurred and had not been recovered by such time. For purposes 28 of asserting the defense provided by this subdivision it shall be suffi- 29 cient that a certified copy of a police report on the stolen vehicle be 30 sent by first class mail to the court having jurisdiction or parking 31 violations bureau. 32 (j) 1. In such local authority where the adjudication of liability 33 imposed upon owners pursuant to this section is by a court having juris- 34 diction, an owner who is a lessor of a vehicle to which a notice of 35 liability was issued pursuant to subdivision (g) of this section shall 36 not be liable for the violation of section eleven hundred seventy of 37 this article, provided that he or she sends to the court having juris- 38 diction a copy of the rental, lease or other such contract document 39 covering such vehicle on the date of the violation, with the name and 40 address of the lessee clearly legible, within thirty-seven days after 41 receiving notice from the court of the date and time of such violation, 42 together with the other information contained in the original notice of 43 liability. Failure to send such information within such thirty-seven 44 day time period shall render the owner liable for the penalty prescribed 45 by this section. Where the lessor complies with the provisions of this 46 paragraph, the lessee of such vehicle on the date of such violation 47 shall be deemed to be the owner of such vehicle for purposes of this 48 section, shall be subject to liability for the violation of section 49 eleven hundred seventy of this article pursuant to this section and 50 shall be sent a notice of liability pursuant to subdivision (g) of this 51 section. 52 2. (I) In such local authority which has authorized the adjudication 53 of liability imposed upon owners by this section by a parking violations 54 bureau, an owner who is a lessor of a vehicle to which a notice of 55 liability was issued pursuant to subdivision (g) of this section shallA. 7646--A 4 1 not be liable for the violation of section eleven hundred seventy of 2 this article, provided that: 3 (A) prior to the violation, the lessor has filed with the bureau in 4 accordance with the provisions of section two hundred thirty-nine of 5 this chapter; and 6 (B) within thirty-seven days after receiving notice from the bureau of 7 the date and time of a liability, together with the other information 8 contained in the original notice of liability, the lessor submits to the 9 bureau the correct name and address of the lessee of the vehicle identi- 10 fied in the notice of liability at the time of such violation, together 11 with such other additional information contained in the rental, lease or 12 other contract document, as may be reasonably required by the bureau 13 pursuant to regulations that may be promulgated for such purpose. 14 (II) Failure to comply with clause (B) of subparagraph (I) of this 15 paragraph shall render the owner liable for the penalty prescribed in 16 this section. 17 (III) Where the lessor complies with the provisions of this paragraph, 18 the lessee of such vehicle on the date of such violation shall be deemed 19 to be the owner of such vehicle for purposes of this section, shall be 20 subject to liability for such violation pursuant to this section and 21 shall be sent a notice of liability pursuant to subdivision (g) of this 22 section. 23 (k) 1. If the owner liable for a violation of section eleven hundred 24 seventy of this article pursuant to this section was not the operator of 25 the vehicle at the time of the violation, the owner may maintain an 26 action for indemnification against the operator. 27 2. Notwithstanding any other provision of this section, no owner of a 28 vehicle shall be subject to a monetary fine imposed pursuant to this 29 section if the operator of such vehicle was operating such vehicle with- 30 out the consent of the owner at the time such operator failed to obey a 31 railroad sign or signal indicating the approach of a train. For 32 purposes of this subdivision there shall be a presumption that the oper- 33 ator of such vehicle was operating such vehicle with the consent of the 34 owner at the time such operator failed to obey a railroad sign or signal 35 indicating the approach of a train. 36 (l) Nothing in this section shall be construed to limit the liability 37 of an operator of a vehicle for any violation of section eleven hundred 38 seventy of this article. 39 (m) In any such local authority which adopts a demonstration program 40 pursuant to subdivision (a) of this section, such local authority shall 41 submit an annual report on the results of the use of a railroad grade 42 crossing photo violation-monitoring system to the governor, the tempo- 43 rary president of the senate and the speaker of the assembly on or 44 before June first, two thousand eighteen and on the same date in each 45 succeeding year in which the demonstration program is operable. Such 46 report shall include, but not be limited to: 47 1. a description of the locations where railroad grade crossing photo 48 violation-monitoring systems were used; 49 2. the aggregate number, type and severity of accidents reported at 50 intersections where a railroad grade crossing photo violation-monitoring 51 system is used for the year preceding the installation of such system, 52 to the extent the information is maintained by the department; 53 3. the aggregate number, type and severity of accidents reported at 54 intersections where a railroad grade crossing photo violation-monitoring 55 system is used, to the extent the information is maintained by the 56 department;A. 7646--A 5 1 4. the number of violations recorded at each intersection where a 2 railroad grade crossing photo violation-monitoring system is used and in 3 the aggregate on a daily, weekly and monthly basis; 4 5. the total number of notices of liability issued for violations 5 recorded by such systems; 6 6. the number of fines and total amount of fines paid after first 7 notice of liability issued for violations recorded by such systems; 8 7. the number of violations adjudicated and results of such adjudi- 9 cations including breakdowns of dispositions made for violations 10 recorded by such systems; 11 8. the total amount of revenue realized by such local authority from 12 such adjudications; 13 9. expenses incurred by such local authority in connection with the 14 program; and 15 10. quality of the adjudication process and its results. 16 (n) It shall be a defense to any prosecution for a violation of 17 section eleven hundred seventy of this article pursuant to a local law 18 or ordinance adopted pursuant to this section that the railroad signal 19 indications were malfunctioning at the time of the alleged violation. 20 § 3. Subdivision 2 of section 87 of the public officers law is amended 21 by adding a new paragraph (p) to read as follows: 22 (p) are photographs, microphotographs, videotape or other recorded 23 images prepared under the authority of section eleven hundred seventy-a 24 of the vehicle and traffic law. 25 § 4. This act shall take effect on the thirtieth day after it shall 26 have become a law.
