Bill Text: NY S00645 | 2009-2010 | General Assembly | Introduced
Bill Title: Authorizes the town of Newburgh, Orange county, to establish a photo monitoring program imposing civil liability upon motor vehicle owners for maximum speed limit violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S00645 Detail]
Download: New_York-2009-S00645-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 645 2009-2010 Regular Sessions I N S E N A T E January 12, 2009 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing the civil liability of vehicle owners for maximum speed limit violations in the town of Newburgh, Orange county THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1180-b to read as follows: 3 S 1180-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH MAXI- 4 MUM SPEED LIMITS; TOWN OF NEWBURGH. (A) NOTWITHSTANDING ANY OTHER 5 PROVISION OF LAW, THE TOWN OF NEWBURGH, IN THE COUNTY OF ORANGE, IS 6 HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW OR ORDI- 7 NANCE ESTABLISHING A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF 8 A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH MAXIMUM 9 SPEED LIMITS IN SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF THIS 10 SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE TOWN OF NEWBURGH 11 TO INSTALL AND OPERATE PHOTO RADAR DEVICES WITHIN SUCH TOWN. 12 (B) UPON ADOPTION OF A LOCAL LAW OR ORDINANCE PURSUANT TO SUBDIVISION 13 (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL- 14 TY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED 15 WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF 16 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, AND 17 SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO RADAR 18 SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR 19 A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH 20 VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION 21 (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. 22 (C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING 23 PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION, 24 "PHOTO RADAR SYSTEM" SHALL MEAN A SPEED CAMERA INSTALLED TO WORK IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05199-01-9 S. 645 2 1 CONJUNCTION WITH DOPPLER RADAR AND A COMPUTER MONITORING SYSTEM WHICH 2 AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICROPHOTO- 3 GRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME 4 IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN 5 HUNDRED EIGHTY OF THIS ARTICLE. 6 (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY 7 THE TOWN OF NEWBURGH IN WHICH THE CHARGED VIOLATION OCCURRED, OR A 8 FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO- 9 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO RADAR 10 SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 11 ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES 12 EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY 13 PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO A 14 LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION. 15 (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 16 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI- 17 NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY 18 PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET 19 FORTH IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER PURSU- 20 ANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED DOLLARS FOR EACH 21 VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR ORDINANCE MAY 22 PROVIDE FOR AN ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS 23 FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY 24 WITHIN THE PRESCRIBED TIME PERIOD. 25 (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED 26 PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR 27 AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON 28 WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE 29 PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. 30 (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH 31 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 32 (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS 33 SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL 34 OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI- 35 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 36 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE 37 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION 38 (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS 39 SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH 40 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND 41 TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH 42 RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 43 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE 44 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST 45 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO 46 CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST 47 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- 48 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 49 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TOWN OF 50 NEWBURGH OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH TOWN TO PREPARE AND 51 MAIL SUCH NOTIFICATION OF VIOLATION. 52 (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION 53 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS. 54 (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS 55 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO A 56 LAW ENFORCEMENT AGENCY AS HAVING BEEN STOLEN, IT SHALL BE A VALID S. 645 3 1 DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) 2 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS 3 SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR 4 TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH 5 TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION 6 IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE 7 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDIC- 8 TION. 9 (J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL- 10 ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE 11 LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED 12 EIGHTY OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT 13 HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT 14 DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE 15 NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS 16 AFTER RECEIVING NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH 17 VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL 18 NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR- 19 TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY 20 PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE 21 PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF 22 SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR 23 PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE 24 VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS 25 ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY 26 PURSUANT TO SUBDIVISION (G) OF THIS SECTION. 27 (K) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION 28 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT 29 THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY 30 MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. 31 (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY 32 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF 33 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. 34 (M) THE PHOTO RADAR DEVICES INSTALLED AND OPERATED PURSUANT TO THE 35 DEMONSTRATION PROGRAM, ESTABLISHED UNDER SUBDIVISION (A) OF THIS 36 SECTION, SHALL BE USED SOLELY FOR THE PURPOSES OF CARRYING OUT 37 PHOTO-MONITORING FOR SUCH DEMONSTRATION PROGRAM. 38 S 2. This act shall take effect on the one hundred twentieth day after 39 it shall have become a law.