Bill Text: NY A09569 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to establishing in the village of Hempstead, county of Nassau a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-07 - referred to transportation [A09569 Detail]
Download: New_York-2013-A09569-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9569 I N A S S E M B L Y May 7, 2014 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing in the village of Hempstead, county of Nassau a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices; 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. Subparagraph (i) of paragraph a of subdivision 5-a of 2 section 401 of the vehicle and traffic law, as amended by section 9 of 3 chapter 189 of the laws of 2013, is amended to read as follows: 4 (i) If at the time of application for a registration or renewal there- 5 of there is a certification from a court, parking violations bureau, 6 traffic and parking violations agency or administrative tribunal of 7 appropriate jurisdiction [or administrative tribunal of appropriate 8 jurisdiction] that the registrant or his or her representative failed to 9 appear on the return date or any subsequent adjourned date or failed to 10 comply with the rules and regulations of an administrative tribunal 11 following entry of a final decision in response to a total of three or 12 more summonses or other process in the aggregate, issued within an eigh- 13 teen month period, charging either that: (i) such motor vehicle was 14 parked, stopped or standing, or that such motor vehicle was operated for 15 hire by the registrant or his or her agent without being licensed as a 16 motor vehicle for hire by the appropriate local authority, in violation 17 of any of the provisions of this chapter or of any law, ordinance, rule 18 or regulation made by a local authority; or (ii) the registrant was 19 liable in accordance with section eleven hundred eleven-a of this chap- 20 ter or section eleven hundred eleven-b of this chapter for a violation 21 of subdivision (d) of section eleven hundred eleven of this chapter; or 22 (iii) the registrant was liable in accordance with section eleven 23 hundred eleven-c of this chapter for a violation of a bus lane 24 restriction as defined in such section, or (iv) the registrant was 25 liable in accordance with section eleven hundred eighty-b of this chap- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14992-01-4 A. 9569 2 1 ter for a violation of subdivision (c) or (d) of section eleven hundred 2 eighty of this chapter, OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE 3 WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER FOR A VIOLATION OF 4 SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, 5 the commissioner or his or her agent shall deny the registration or 6 renewal application until the applicant provides proof from the court, 7 traffic and parking violations agency or administrative tribunal wherein 8 the charges are pending that an appearance or answer has been made or in 9 the case of an administrative tribunal that he or she has complied with 10 the rules and regulations of said tribunal following entry of a final 11 decision. Where an application is denied pursuant to this section, the 12 commissioner may, in his or her discretion, deny a registration or 13 renewal application to any other person for the same vehicle and may 14 deny a registration or renewal application for any other motor vehicle 15 registered in the name of the applicant where the commissioner has 16 determined that such registrant's intent has been to evade the purposes 17 of this subdivision and where the commissioner has reasonable grounds to 18 believe that such registration or renewal will have the effect of 19 defeating the purposes of this subdivision. Such denial shall only 20 remain in effect as long as the summonses remain unanswered, or in the 21 case of an administrative tribunal, the registrant fails to comply with 22 the rules and regulations following entry of a final decision. 23 S 1-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 24 and traffic law, as amended by section 9-a of chapter 189 of the laws of 25 2013, is amended to read as follows: 26 a. If at the time of application for a registration or renewal thereof 27 there is a certification from a court or administrative tribunal of 28 appropriate jurisdiction that the registrant or his or her represen- 29 tative failed to appear on the return date or any subsequent adjourned 30 date or failed to comply with the rules and regulations of an adminis- 31 trative tribunal following entry of a final decision in response to a 32 total of three or more summonses or other process in the aggregate, 33 issued within an eighteen month period, charging either that: (i) such 34 motor vehicle was parked, stopped or standing, or that such motor vehi- 35 cle was operated for hire by the registrant or his or her agent without 36 being licensed as a motor vehicle for hire by the appropriate local 37 authority, in violation of any of the provisions of this chapter or of 38 any law, ordinance, rule or regulation made by a local authority; or 39 (ii) the registrant was liable in accordance with section eleven hundred 40 eleven-b of this chapter for a violation of subdivision (d) of section 41 eleven hundred eleven of this chapter; or (iii) the registrant was 42 liable in accordance with section eleven hundred eleven-c of this chap- 43 ter for a violation of a bus lane restriction as defined in such 44 section; or (iv) the registrant was liable in accordance with section 45 eleven hundred eighty-b of this chapter for a violation of subdivision 46 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 47 ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN 48 HUNDRED EIGHTY-C OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), 49 (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, 50 the commissioner or his or her agent shall deny the registration or 51 renewal application until the applicant provides proof from the court or 52 administrative tribunal wherein the charges are pending that an appear- 53 ance or answer has been made or in the case of an administrative tribu- 54 nal that he or she has complied with the rules and regulations of said 55 tribunal following entry of a final decision. Where an application is 56 denied pursuant to this section, the commissioner may, in his or her A. 9569 3 1 discretion, deny a registration or renewal application to any other 2 person for the same vehicle and may deny a registration or renewal 3 application for any other motor vehicle registered in the name of the 4 applicant where the commissioner has determined that such registrant's 5 intent has been to evade the purposes of this subdivision and where the 6 commissioner has reasonable grounds to believe that such registration or 7 renewal will have the effect of defeating the purposes of this subdivi- 8 sion. Such denial shall only remain in effect as long as the summonses 9 remain unanswered, or in the case of an administrative tribunal, the 10 registrant fails to comply with the rules and regulations following 11 entry of a final decision. 12 S 1-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 13 and traffic law, as amended by section 9-b of chapter 189 of the laws of 14 2013, is amended to read as follows: 15 a. If at the time of application for a registration or renewal thereof 16 there is a certification from a court or administrative tribunal of 17 appropriate jurisdiction that the registrant or his or her represen- 18 tative failed to appear on the return date or any subsequent adjourned 19 date or failed to comply with the rules and regulations of an adminis- 20 trative tribunal following entry of a final decision in response to 21 three or more summonses or other process, issued within an eighteen 22 month period, charging that such motor vehicle was parked, stopped or 23 standing, or that such motor vehicle was operated for hire by the regis- 24 trant or his or her agent without being licensed as a motor vehicle for 25 hire by the appropriate local authority, in violation of any of the 26 provisions of this chapter or of any law, ordinance, rule or regulation 27 made by a local authority or the registrant was liable in accordance 28 with section eleven hundred eleven-c of this chapter for a violation of 29 a bus lane restriction as defined in such section, or the registrant was 30 liable in accordance with section eleven hundred eighty-b of this chap- 31 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section 32 eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN 33 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER FOR A 34 VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN 35 HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his or her agent 36 shall deny the registration or renewal application until the applicant 37 provides proof from the court or administrative tribunal wherein the 38 charges are pending that an appearance or answer has been made or in the 39 case of an administrative tribunal that he or she has complied with the 40 rules and regulations of said tribunal following entry of a final deci- 41 sion. Where an application is denied pursuant to this section, the 42 commissioner may, in his or her discretion, deny a registration or 43 renewal application to any other person for the same vehicle and may 44 deny a registration or renewal application for any other motor vehicle 45 registered in the name of the applicant where the commissioner has 46 determined that such registrant's intent has been to evade the purposes 47 of this subdivision and where the commissioner has reasonable grounds to 48 believe that such registration or renewal will have the effect of 49 defeating the purposes of this subdivision. Such denial shall only 50 remain in effect as long as the summonses remain unanswered, or in the 51 case of an administrative tribunal, the registrant fails to comply with 52 the rules and regulations following entry of a final decision. 53 S 1-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 54 and traffic law, as amended by section 9-c of chapter 189 of the laws of 55 2013, is amended to read as follows: A. 9569 4 1 a. If at the time of application for a registration or renewal thereof 2 there is a certification from a court or administrative tribunal of 3 appropriate jurisdiction that the registrant or his OR HER represen- 4 tative failed to appear on the return date or any subsequent adjourned 5 date or failed to comply with the rules and regulations of an adminis- 6 trative tribunal following entry of a final decision in response to 7 three or more summonses or other process, issued within an eighteen 8 month period, charging that such motor vehicle was parked, stopped or 9 standing, or that such motor vehicle was operated for hire by the regis- 10 trant or his OR HER agent without being licensed as a motor vehicle for 11 hire by the appropriate local authority, in violation of any of the 12 provisions of this chapter or of any law, ordinance, rule or regulation 13 made by a local authority, or the registrant was liable in accordance 14 with section eleven hundred eighty-b of this chapter for violations of 15 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 16 of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION 17 ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION 18 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP- 19 TER, the commissioner or his OR HER agent shall deny the registration or 20 renewal application until the applicant provides proof from the court or 21 administrative tribunal wherein the charges are pending that an appear- 22 ance or answer has been made or in the case of an administrative tribu- 23 nal that he has complied with the rules and regulations of said tribunal 24 following entry of a final decision. Where an application is denied 25 pursuant to this section, the commissioner may, in his OR HER 26 discretion, deny a registration or renewal application to any other 27 person for the same vehicle and may deny a registration or renewal 28 application for any other motor vehicle registered in the name of the 29 applicant where the commissioner has determined that such registrant's 30 intent has been to evade the purposes of this subdivision and where the 31 commissioner has reasonable grounds to believe that such registration or 32 renewal will have the effect of defeating the purposes of this subdivi- 33 sion. Such denial shall only remain in effect as long as the summonses 34 remain unanswered, or in the case of an administrative tribunal, the 35 registrant fails to comply with the rules and regulations following 36 entry of a final decision. 37 S 1-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 38 and traffic law, as separately amended by chapters 339 and 592 of the 39 laws of 1987, is amended to read as follows: 40 a. If at the time of application for a registration or renewal thereof 41 there is a certification from a court or administrative tribunal of 42 appropriate jurisdiction that the registrant or his OR HER represen- 43 tative failed to appear on the return date or any subsequent adjourned 44 date or failed to comply with the rules and regulations of an adminis- 45 trative tribunal following entry of a final decision in response to 46 three or more summonses or other process, issued within an eighteen 47 month period, charging that such motor vehicle was parked, stopped or 48 standing, or that such motor vehicle was operated for hire by the regis- 49 trant or his OR HER agent without being licensed as a motor vehicle for 50 hire by the appropriate local authority, in violation of any of the 51 provisions of this chapter or of any law, ordinance, rule or regulation 52 made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE 53 WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER FOR VIOLATIONS OF 54 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY 55 OF THIS CHAPTER, the commissioner or his OR HER agent shall deny the 56 registration or renewal application until the applicant provides proof A. 9569 5 1 from the court or administrative tribunal wherein the charges are pend- 2 ing that an appearance or answer has been made or in the case of an 3 administrative tribunal that he has complied with the rules and regu- 4 lations of said tribunal following entry of a final decision. Where an 5 application is denied pursuant to this section, the commissioner may, in 6 his OR HER discretion, deny a registration or renewal application to any 7 other person for the same vehicle and may deny a registration or renewal 8 application for any other motor vehicle registered in the name of the 9 applicant where the commissioner has determined that such registrant's 10 intent has been to evade the purposes of this subdivision and where the 11 commissioner has reasonable grounds to believe that such registration or 12 renewal will have the effect of defeating the purposes of this subdivi- 13 sion. Such denial shall only remain in effect as long as the summonses 14 remain unanswered, or in the case of an administrative tribunal, the 15 registrant fails to comply with the rules and regulations following 16 entry of a final decision. 17 S 2. The vehicle and traffic law is amended by adding a new section 18 1180-c to read as follows: 19 S 1180-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH 20 CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER 21 PROVISION OF LAW, THE VILLAGE OF HEMPSTEAD, COUNTY OF NASSAU IS HEREBY 22 AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY 23 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF 24 TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN 25 SUCH VILLAGE (I) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 26 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 27 EIGHTY OF THIS ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS 28 PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED 29 EIGHTY OF THIS ARTICLE DURING THE FOLLOWING TIMES: (A) ON SCHOOL DAYS 30 DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL 31 DAY, AND (B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL AND UP TO 32 THIRTY MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY 33 AFTER SUCH STUDENT ACTIVITIES. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER 34 THE VILLAGE TO INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN 35 SUCH VILLAGE AND TO OPERATE SUCH SYSTEMS WITHIN SUCH SCHOOL ZONE OR 36 ZONES OR (III) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 37 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 38 EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS 39 PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED 40 EIGHTY OF THIS ARTICLE DURING THE FOLLOWING TIMES: (A) ON SCHOOL DAYS 41 DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL 42 DAY, AND (B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL AND UP TO 43 THIRTY MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY 44 AFTER SUCH STUDENT ACTIVITIES. IN SELECTING A SCHOOL SPEED ZONE IN WHICH 45 TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, THE 46 VILLAGE SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO THE SPEED 47 DATA, CRASH HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO SUCH SCHOOL 48 SPEED ZONE. 49 2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A 50 SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS- 51 FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN 52 ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS 53 SUBDIVISION. THE VILLAGE MAY INSTALL SIGNS GIVING NOTICE THAT A PHOTO 54 SPEED VIOLATION MONITORING SYSTEM IS IN USE TO BE MOUNTED ON ADVANCE 55 WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING SCHOOL A. 9569 6 1 SPEED ZONE AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL 2 SPEED ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD. 3 3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE 4 COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER- 5 ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY 6 SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES 7 THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP 8 THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND 9 THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE PRODUCING A 10 RECORDED IMAGE THAT DAY. THE VILLAGE SHALL RETAIN EACH SUCH DAILY LOG 11 UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION MONITOR- 12 ING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR 13 THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED 14 BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES 15 PRODUCED BY SUCH SYSTEM. 16 4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU- 17 AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY 18 WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE VILLAGE SHALL 19 KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL 20 RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING 21 SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE 22 OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR- 23 ING SYSTEM. 24 5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES 25 TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO- 26 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED 27 VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE 28 DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV- 29 ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE 30 DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE 31 OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE 32 PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE SUCH VILLAGE, AS APPLICA- 33 BLE, SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS 34 OF THIS PARAGRAPH IN SUCH CASE. 35 (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED 36 IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE 37 EXCLUSIVE USE OF SUCH VILLAGE FOR THE PURPOSE OF THE ADJUDICATION OF 38 LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A 39 NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY 40 SUCH VILLAGE UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO 41 WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 42 IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE 43 OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY 44 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO- 45 GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED 46 VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT 47 TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR 48 ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN 49 EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF 50 LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR 51 EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, 52 EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER 53 RECORDED IMAGES FROM SUCH SYSTEMS: 54 (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR 55 VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO- A. 9569 7 1 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED 2 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND 3 (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED 4 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE 5 SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT 6 AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH 7 SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH 8 INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A 9 MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER 10 STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A 11 MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED, 12 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE 13 COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE 14 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY 15 AGAINST THE LAWS OF THIS STATE; AND 16 (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY 17 A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX 18 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A 19 FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER 20 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS 21 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO 22 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED 23 LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR 24 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH 25 OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE 26 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE 27 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN 28 THIS STATE; AND 29 (3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A) 30 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL 31 ACTION OR PROCEEDING. 32 (B) IF THE VILLAGE ESTABLISHES A DEMONSTRATION PROGRAM PURSUANT TO 33 SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE 34 FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED 35 OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, WITHIN 36 A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION (C) OF SECTION ELEVEN 37 HUNDRED EIGHTY OF THIS ARTICLE OR DURING THE TIMES AUTHORIZED PURSUANT 38 TO SUBDIVISION (A) OF THIS SECTION IN VIOLATION OF SUBDIVISION (B), (D), 39 (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHI- 40 CLE WAS TRAVELING AT A SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE 41 POSTED SPEED LIMIT IN EFFECT WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH 42 VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO SPEED 43 VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE 44 SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE 45 OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION 46 OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED 47 EIGHTY OF THIS ARTICLE. 48 (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 49 FOLLOWING MEANINGS: 50 1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN 51 THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL 52 DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO 53 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER; 54 2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS 55 CHAPTER. A. 9569 8 1 3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE 2 SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE 3 WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO- 4 PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE 5 TIME IT IS USED OR OPERATED IN A SCHOOL SPEED ZONE IN VIOLATION OF 6 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY 7 OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND 8 4. "SCHOOL SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU- 9 SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 10 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY. 11 (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY 12 THE VILLAGE OR THE COUNTY OF NASSAU AS APPLICABLE, OR A FACSIMILE THERE- 13 OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR 14 OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING 15 SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 16 ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES 17 EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME 18 STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME 19 STATIONARY OBJECT NEAR THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR 20 INSPECTION REASONABLY IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE 21 THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 22 (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) 23 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A 24 DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE 25 LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND 26 PENALTIES TO BE PROMULGATED BY THE TRAFFIC AND PARKING VIOLATIONS AGEN- 27 CIES OF THE VILLAGE OF HEMPSTEAD. THE LIABILITY OF THE OWNER PURSUANT TO 28 THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; 29 PROVIDED, HOWEVER, THAT EACH SUCH TRAFFIC AND PARKING VIOLATIONS AGENCY 30 MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE 31 DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF 32 LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 33 (F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB- 34 LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN 35 OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE 36 PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR 37 INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. 38 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 39 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 40 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI- 41 CLE PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH 42 OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF 43 SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT 44 BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE 45 ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS 46 CONTAINED THEREIN. 47 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 48 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 49 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI- 50 CLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE 51 INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK 52 PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF 53 THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR 54 NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE 55 MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR 56 VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY. A. 9569 9 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 4 ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAIL- 5 URE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMIS- 6 SION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 7 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE 8 VILLAGE, AS APPLICABLE, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH COUN- 9 TIES TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY. 10 (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION 11 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS. 12 (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS 13 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE 14 OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS 15 HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF 16 LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF 17 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION 18 THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN 19 REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION 20 OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF 21 ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFI- 22 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE 23 OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO 24 THE COURT HAVING JURISDICTION IN THE VILLAGE. 25 (J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL- 26 ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE 27 LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF 28 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT HE OR SHE 29 SENDS TO THE COURT HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR 30 OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE 31 VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, 32 WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE COURT OF THE 33 DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION 34 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH 35 INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE 36 OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE 37 LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF 38 SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE 39 OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO 40 LIABILITY FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF 41 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION 42 AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF 43 THIS SECTION. 44 (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) 45 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS 46 SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE 47 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST 48 THE OPERATOR. 49 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A 50 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS 51 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- 52 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH 53 VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION 54 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION 55 THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER- 56 ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA- A. 9569 10 1 TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) 2 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. 3 (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 4 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D) 5 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. 6 (M) IF THE VILLAGE ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO THIS 7 SECTION IT SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE RESULTS OF 8 THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE 9 SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE: 10 1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING 11 SYSTEMS WERE USED; 12 2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES, 13 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL SCHOOL SPEED ZONES 14 WITHIN SUCH VILLAGE, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE 15 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 16 3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES, 17 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN SCHOOL SPEED ZONES WHERE 18 PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE EXTENT THE 19 INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS 20 STATE; 21 4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES 22 WITHIN SUCH VILLAGE, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY 23 BASIS; 24 5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE 25 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGRE- 26 GATE ON A DAILY, WEEKLY AND MONTHLY BASIS; 27 6. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES 28 WITHIN SUCH VILLAGE THAT WERE: 29 (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE 30 POSTED SPEED LIMIT; 31 (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE 32 POSTED SPEED LIMIT; 33 (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE 34 POSTED SPEED LIMIT; AND 35 (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; 36 7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE 37 WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE: 38 (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE 39 POSTED SPEED LIMIT; 40 (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE 41 POSTED SPEED LIMIT; 42 (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE 43 POSTED SPEED LIMIT; AND 44 (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; 45 8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS 46 RECORDED BY SUCH SYSTEMS; 47 9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST 48 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 49 10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU- 50 DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS 51 RECORDED BY SUCH SYSTEMS; 52 11. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE IN CONNECTION 53 WITH THE PROGRAM; 54 12. THE EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE 55 PROGRAM; AND 56 13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS. A. 9569 11 1 (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- 2 VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF 3 THIS ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION 4 MONITORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED 5 VIOLATION. 6 S 3. The opening paragraph and paragraph (c) of subdivision 1 of 7 section 1809 of the vehicle and traffic law, as amended by section 11 of 8 chapter 189 of the laws of 2013, are amended to read as follows: 9 Whenever proceedings in an administrative tribunal or a court of this 10 state result in a conviction for an offense under this chapter or a 11 traffic infraction under this chapter, or a local law, ordinance, rule 12 or regulation adopted pursuant to this chapter, other than a traffic 13 infraction involving standing, stopping, or parking or violations by 14 pedestrians or bicyclists, or other than an adjudication of liability of 15 an owner for a violation of subdivision (d) of section eleven hundred 16 eleven of this chapter in accordance with section eleven hundred 17 eleven-a of this chapter, or other than an adjudication of liability of 18 an owner for a violation of subdivision (d) of section eleven hundred 19 eleven of this chapter in accordance with section eleven hundred 20 eleven-b of this chapter, or other than an adjudication in accordance 21 with section eleven hundred eleven-c of this chapter for a violation of 22 a bus lane restriction as defined in such section, or other than an 23 adjudication of liability of an owner for a violation of subdivision 24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 25 ter in accordance with section eleven hundred eighty-b of this chapter, 26 OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION 27 OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED 28 EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- 29 Y-C OF THIS CHAPTER, there shall be levied a crime victim assistance fee 30 and a mandatory surcharge, in addition to any sentence required or 31 permitted by law, in accordance with the following schedule: 32 (c) Whenever proceedings in an administrative tribunal or a court of 33 this state result in a conviction for an offense under this chapter 34 other than a crime pursuant to section eleven hundred ninety-two of this 35 chapter, or a traffic infraction under this chapter, or a local law, 36 ordinance, rule or regulation adopted pursuant to this chapter, other 37 than a traffic infraction involving standing, stopping, or parking or 38 violations by pedestrians or bicyclists, or other than an adjudication 39 of liability of an owner for a violation of subdivision (d) of section 40 eleven hundred eleven of this chapter in accordance with section eleven 41 hundred eleven-a of this chapter, or other than an adjudication of 42 liability of an owner for a violation of subdivision (d) of section 43 eleven hundred eleven of this chapter in accordance with section eleven 44 hundred eleven-b of this chapter, or other than an infraction pursuant 45 to article nine of this chapter or other than an adjudication of liabil- 46 ity of an owner for a violation of toll collection regulations pursuant 47 to section two thousand nine hundred eighty-five of the public authori- 48 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 49 hundred seventy-four of the laws of nineteen hundred fifty or other than 50 an adjudication in accordance with section eleven hundred eleven-c of 51 this chapter for a violation of a bus lane restriction as defined in 52 such section, or other than an adjudication of liability of an owner for 53 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 54 hundred eighty of this chapter in accordance with section eleven hundred 55 eighty-b of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF 56 AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF A. 9569 12 1 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION 2 ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER, there shall be levied a crime 3 victim assistance fee in the amount of five dollars and a mandatory 4 surcharge, in addition to any sentence required or permitted by law, in 5 the amount of fifty-five dollars. 6 S 3-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 7 as amended by section 11-a of chapter 189 of the laws of 2013, is 8 amended to read as follows: 9 1. Whenever proceedings in an administrative tribunal or a court of 10 this state result in a conviction for a crime under this chapter or a 11 traffic infraction under this chapter, or a local law, ordinance, rule 12 or regulation adopted pursuant to this chapter, other than a traffic 13 infraction involving standing, stopping, parking or motor vehicle equip- 14 ment or violations by pedestrians or bicyclists, or other than an adju- 15 dication of liability of an owner for a violation of subdivision (d) of 16 section eleven hundred eleven of this chapter in accordance with section 17 eleven hundred eleven-a of this chapter, or other than an adjudication 18 of liability of an owner for a violation of subdivision (d) of section 19 eleven hundred eleven of this chapter in accordance with section eleven 20 hundred eleven-b of this chapter, or other than an adjudication in 21 accordance with section eleven hundred eleven-c of this chapter for a 22 violation of a bus lane restriction as defined in such section, or other 23 than an adjudication of liability of an owner for a violation of subdi- 24 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 25 this chapter in accordance with section eleven hundred eighty-b of this 26 chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A 27 VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN 28 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 29 EIGHTY-C OF THIS CHAPTER, there shall be levied a mandatory surcharge, 30 in addition to any sentence required or permitted by law, in the amount 31 of twenty-five dollars. 32 S 3-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 33 as amended by section 11-b of chapter 189 of the laws of 2013, is 34 amended to read as follows: 35 1. Whenever proceedings in an administrative tribunal or a court of 36 this state result in a conviction for a crime under this chapter or a 37 traffic infraction under this chapter other than a traffic infraction 38 involving standing, stopping, parking or motor vehicle equipment or 39 violations by pedestrians or bicyclists, or other than an adjudication 40 in accordance with section eleven hundred eleven-c of this chapter for a 41 violation of a bus lane restriction as defined in such section, or other 42 than an adjudication of liability of an owner for a violation of subdi- 43 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 44 this chapter in accordance with section eleven hundred eighty-b of this 45 chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A 46 VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN 47 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED 48 EIGHTY-C OF THIS CHAPTER, there shall be levied a mandatory surcharge, 49 in addition to any sentence required or permitted by law, in the amount 50 of seventeen dollars. 51 S 3-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 52 as amended by section 11-c of chapter 189 of the laws of 2013, is 53 amended to read as follows: 54 1. Whenever proceedings in an administrative tribunal or a court of 55 this state result in a conviction for a crime under this chapter or a 56 traffic infraction under this chapter other than a traffic infraction A. 9569 13 1 involving standing, stopping, parking or motor vehicle equipment or 2 violations by pedestrians or bicyclists, or other than an adjudication 3 of liability of an owner for a violation of subdivision (b), (c), (d), 4 (f) or (g) of section eleven hundred eighty of this chapter in accord- 5 ance with section eleven hundred eighty-b of this chapter, OR OTHER THAN 6 AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION 7 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP- 8 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER, 9 there shall be levied a mandatory surcharge, in addition to any sentence 10 required or permitted by law, in the amount of seventeen dollars. 11 S 3-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 12 as separately amended by chapter 16 of the laws of 1983 and chapter 62 13 of the laws of 1989, is amended to read as follows: 14 1. Whenever proceedings in an administrative tribunal or a court of 15 this state result in a conviction for a crime under this chapter or a 16 traffic infraction under this chapter other than a traffic infraction 17 involving standing, stopping, parking or motor vehicle equipment or 18 violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION 19 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), 20 (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD- 21 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER, there shall 22 be levied a mandatory surcharge, in addition to any sentence required or 23 permitted by law, in the amount of seventeen dollars. 24 S 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and 25 traffic law, as amended by section 12-a of chapter 189 of the laws of 26 2013, is amended to read as follows: 27 a. Notwithstanding any other provision of law, whenever proceedings in 28 a court or an administrative tribunal of this state result in a 29 conviction for an offense under this chapter, except a conviction pursu- 30 ant to section eleven hundred ninety-two of this chapter, or for a traf- 31 fic infraction under this chapter, or a local law, ordinance, rule or 32 regulation adopted pursuant to this chapter, except a traffic infraction 33 involving standing, stopping, or parking or violations by pedestrians or 34 bicyclists, and except an adjudication of liability of an owner for a 35 violation of subdivision (d) of section eleven hundred eleven of this 36 chapter in accordance with section eleven hundred eleven-a of this chap- 37 ter, and except an adjudication of liability of an owner for a violation 38 of subdivision (d) of section eleven hundred eleven of this chapter in 39 accordance with section eleven hundred eleven-b of this chapter, and 40 except an adjudication in accordance with section eleven hundred 41 eleven-c of this chapter of a violation of a bus lane restriction as 42 defined in such section, and [expect] EXCEPT an adjudication of liabil- 43 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g) 44 of section eleven hundred eighty of this chapter in accordance with 45 section eleven hundred eighty-b of this chapter, AND EXCEPT AN ADJUDI- 46 CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), 47 (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN 48 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER, and 49 except an adjudication of liability of an owner for a violation of toll 50 collection regulations pursuant to section two thousand nine hundred 51 eighty-five of the public authorities law or sections sixteen-a, 52 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 53 laws of nineteen hundred fifty, there shall be levied in addition to any 54 sentence, penalty or other surcharge required or permitted by law, an 55 additional surcharge of twenty-eight dollars. A. 9569 14 1 S 4-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 2 and traffic law, as amended by section 12-b of chapter 189 of the laws 3 of 2013, is amended to read as follows: 4 a. Notwithstanding any other provision of law, whenever proceedings in 5 a court or an administrative tribunal of this state result in a 6 conviction for an offense under this chapter, except a conviction pursu- 7 ant to section eleven hundred ninety-two of this chapter, or for a traf- 8 fic infraction under this chapter, or a local law, ordinance, rule or 9 regulation adopted pursuant to this chapter, except a traffic infraction 10 involving standing, stopping, or parking or violations by pedestrians or 11 bicyclists, and except an adjudication of liability of an owner for a 12 violation of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with section eleven hundred eleven-a of this chap- 14 ter, and except an adjudication in accordance with section eleven 15 hundred eleven-c of this chapter of a violation of a bus lane 16 restriction as defined in such section, and except an adjudication of 17 liability of an owner for a violation of subdivision (b), (c), (d), (f) 18 or (g) of section eleven hundred eighty of this chapter in accordance 19 with section eleven hundred eighty-b of this chapter, AND EXCEPT AN 20 ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION 21 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP- 22 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-C OF THIS CHAPTER, 23 and except an adjudication of liability of an owner for a violation of 24 toll collection regulations pursuant to section two thousand nine 25 hundred eighty-five of the public authorities law or sections sixteen-a, 26 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 27 laws of nineteen hundred fifty, there shall be levied in addition to any 28 sentence, penalty or other surcharge required or permitted by law, an 29 additional surcharge of twenty-eight dollars. 30 S 4-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 31 and traffic law, as amended by section 12-c of chapter 189 of the laws 32 of 2013, is amended to read as follows: 33 a. Notwithstanding any other provision of law, whenever proceedings in 34 a court or an administrative tribunal of this state result in a 35 conviction for an offense under this chapter, except a conviction pursu- 36 ant to section eleven hundred ninety-two of this chapter, or for a traf- 37 fic infraction under this chapter, or a local law, ordinance, rule or 38 regulation adopted pursuant to this chapter, except a traffic infraction 39 involving standing, stopping, or parking or violations by pedestrians or 40 bicyclists, and except an adjudication of liability of an owner for a 41 violation of subdivision (d) of section eleven hundred eleven of this 42 chapter in accordance with section eleven hundred eleven-a of this chap- 43 ter, and except an adjudication of liability of an owner for a violation 44 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 45 eighty of this chapter in accordance with section eleven hundred eight- 46 y-b of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER 47 FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION 48 ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN 49 HUNDRED EIGHTY-C OF THIS CHAPTER, and except an adjudication of liabil- 50 ity of an owner for a violation of toll collection regulations pursuant 51 to section two thousand nine hundred eighty-five of the public authori- 52 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 53 hundred seventy-four of the laws of nineteen hundred fifty, there shall 54 be levied in addition to any sentence, penalty or other surcharge 55 required or permitted by law, an additional surcharge of twenty-eight 56 dollars. A. 9569 15 1 S 4-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 2 and traffic law, as added by section 5 of part C of chapter 55 of the 3 laws of 2013, is amended to read as follows: 4 a. Notwithstanding any other provision of law, whenever proceedings in 5 a court or an administrative tribunal of this state result in a 6 conviction for an offense under this chapter, except a conviction pursu- 7 ant to section eleven hundred ninety-two of this chapter, or for a traf- 8 fic infraction under this chapter, or a local law, ordinance, rule or 9 regulation adopted pursuant to this chapter, except a traffic infraction 10 involving standing, stopping, or parking or violations by pedestrians or 11 bicyclists, and except an adjudication of liability of an owner for a 12 violation of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with section eleven hundred eleven-a of this chap- 14 ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION 15 OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED 16 EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- 17 Y-C OF THIS CHAPTER, and except an adjudication of liability of an owner 18 for a violation of toll collection regulations pursuant to section two 19 thousand nine hundred eighty-five of the public authorities law or 20 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 21 seventy-four of the laws of nineteen hundred fifty, there shall be 22 levied in addition to any sentence, penalty or other surcharge required 23 or permitted by law, an additional surcharge of twenty-eight dollars. 24 S 5. Subdivision 2 of section 87 of the public officers law is amended 25 by adding a new paragraph (n) to read as follows: 26 (N) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED 27 IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-C 28 OF THE VEHICLE AND TRAFFIC LAW. 29 S 6. This act shall take effect on the thirtieth day after it shall 30 have become a law and shall expire 4 years after such effective date 31 when upon such date the provisions of this act shall be deemed repealed; 32 and provided further that any rules necessary for the implementation of 33 this act on its effective date shall be promulgated on or before such 34 effective date, provided that: 35 (a) the amendments to subparagraph (i) of paragraph a of subdivision 36 5-a of section 401 of the vehicle and traffic law made by section one of 37 this act shall not affect the expiration of such paragraph and shall be 38 deemed to expire therewith, when upon such date the provisions of 39 section one-a of this act shall take effect; 40 (b) the amendments to paragraph a of subdivision 5-a of section 401 of 41 the vehicle and traffic law made by section one-a of this act shall not 42 affect the expiration of such paragraph and shall be deemed to expire 43 therewith, when upon such date the provisions of section one-b of this 44 act shall take effect; 45 (c) the amendments to paragraph a of subdivision 5-a of section 401 of 46 the vehicle and traffic law made by section one-b of this act shall not 47 affect the expiration of such paragraph and shall be deemed to expire 48 therewith, when upon such date the provisions of section one-c of this 49 act shall take effect; 50 (d) the amendments to paragraph a of subdivision 5-a of section 401 of 51 the vehicle and traffic law made by section one-c of this act shall not 52 affect the expiration of such paragraph and shall be deemed to expire 53 therewith, when upon such date the provisions of section one-d of this 54 act shall take effect; 55 (e) the amendments to subdivision 1 of section 1809 of the vehicle and 56 traffic law made by section three of this act shall not affect the expi- A. 9569 16 1 ration of such subdivision and shall be deemed to expire therewith, when 2 upon such date the provisions of section three-a of this act shall take 3 effect; 4 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 5 traffic law made by section three-a of this act shall not affect the 6 expiration of such subdivision and shall be deemed to expire therewith, 7 when upon such date the provisions of section three-b of this act shall 8 take effect; 9 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 10 traffic law made by section three-b of this act shall not affect the 11 expiration of such subdivision and shall be deemed to expire therewith, 12 when upon such date the provisions of section three-c of this act shall 13 take effect; 14 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 15 traffic law made by section three-c of this act shall not affect the 16 expiration of such subdivision and shall be deemed to expire therewith, 17 when upon such date the provisions of section three-d of this act shall 18 take effect; 19 (i) the amendments to paragraph a of subdivision 1 of section 1809-e 20 of the vehicle and traffic law made by section four of this act shall 21 not affect the expiration of such paragraph and shall be deemed to 22 expire therewith, when upon such date the provisions of section four-a 23 of this act shall take effect; 24 (j) the amendments to paragraph a of subdivision 1 of section 1809-e 25 of the vehicle and traffic law made by section four-a of this act shall 26 not affect the expiration of such paragraph and shall be deemed to 27 expire therewith, when upon such date the provisions of section four-b 28 of this act shall take effect; and 29 (k) the amendments to paragraph a of subdivision 1 of section 1809-e 30 of the vehicle and traffic law made by section four-b of this act shall 31 not affect the expiration of such paragraph and shall be deemed to 32 expire therewith, when upon such date the provisions of section four-c 33 of this act shall take effect.