S T A T E O F N E W Y O R K
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2636
2009-2010 Regular Sessions
I N S E N A T E
February 25, 2009
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Introduced by Sen. LANZA -- 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 a demon-
stration program relating to the installation of roadside and bus
mounted high occupancy vehicle and bus lane enforcement cameras on the
Staten Island Expressway; 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. The vehicle and traffic law is amended by adding a new
2 section 223-a to read as follows:
3 S 223-A. HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT CAMERA DEMON-
4 STRATION PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
5 COMMISSIONER IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMON-
6 STRATION PROGRAM, ON THE STATEN ISLAND EXPRESSWAY, IMPOSING MONETARY
7 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE, BETWEEN THE HOURS OF
8 SEVEN O'CLOCK IN THE ANTE MERIDIAN AND SEVEN O'CLOCK IN THE POST MERIDI-
9 AN, OF AN OPERATOR THEREOF TO COMPLY WITH APPLICABLE HIGH OCCUPANCY
10 VEHICLE AND BUS LANE PRIORITY LAWS. THE DEPARTMENT OF TRANSPORTATION,
11 FOR PURPOSES OF IMPLEMENTATION OF SUCH PROGRAM, SHALL BE AUTHORIZED TO
12 INSTALL AND OPERATE ROADSIDE AND BUS MOUNTED BUS LANE ENFORCEMENT
13 CAMERAS ON NO MORE THAN ONE HUNDRED BUSES OR ROADSIDE LOCATIONS OPERATED
14 BY THE DEPARTMENT.
15 2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
16 ANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
17 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY RULE OR
18 REGULATION RELATING TO USE OF A HIGH OCCUPANCY VEHICLE AND BUS LANE, AND
19 SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A HIGH OCCUPAN-
20 CY VEHICLE AND BUS LANE ENFORCEMENT CAMERA; PROVIDED HOWEVER THAT NO
21 OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
22 THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02611-01-9
S. 2636 2
1 THE UNDERLYING VIOLATION OF ANY RULE OR REGULATION ADOPTED BY THE
2 DEPARTMENT OF TRANSPORTATION OR THE COMMISSIONER.
3 3. FOR PURPOSES OF THIS SECTION, "OWNER" SHALL MEAN ANY PERSON, CORPO-
4 RATION, PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR, OR ORGANIZATION
5 WHO AT THE TIME OF THE ISSUANCE OF A NOTICE OF VIOLATION IN WHICH A
6 VEHICLE IS OPERATED:
7 (A) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
8 (B) HAS TITLE TO SUCH VEHICLE; OR
9 (C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
10 TERED WITH THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
11 STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; OR
12 (D) USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS;
13 OR
14 (E) IS AN OWNER OF SUCH VEHICLE AS DEFINED BY SECTION ONE HUNDRED
15 TWENTY-EIGHT OF THIS CHAPTER OR SUBDIVISION (A) OF SECTION TWENTY-ONE
16 HUNDRED ONE OF THIS CHAPTER.
17 4. FOR PURPOSES OF THIS SECTION, "HIGH OCCUPANCY VEHICLE AND BUS LANE
18 ENFORCEMENT CAMERA" SHALL MEAN A DEVICE INSTALLED ON A BUS OR A ROADSIDE
19 LOCATION WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR
20 MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH
21 VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF ANY RULE OR
22 REGULATION RELATING TO USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES.
23 5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
24 DEPARTMENT OF TRANSPORTATION, OR A FACSIMILE THEREOF, BASED UPON
25 INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
26 IMAGES PRODUCED BY A HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT
27 CAMERA, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
28 ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
29 EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY
30 PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION IMPOSED PURSU-
31 ANT TO THIS SECTION.
32 6. AN OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION RELATING
33 TO THE USE OF HIGH OCCUPANCY VEHICLE AND BUS LANES ADOPTED BY THE
34 DEPARTMENT OF TRANSPORTATION OR THE COMMISSIONER SHALL BE LIABLE FOR
35 MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES
36 TO BE PROMULGATED BY THE COMMISSIONER. THE LIABILITY OF THE OWNER
37 PURSUANT TO THIS SECTION SHALL NOT EXCEED THE ESTABLISHED FINE FOR EACH
38 VIOLATION; PROVIDED HOWEVER THAT AN ADDITIONAL PENALTY NOT IN EXCESS OF
39 TWENTY-FIVE DOLLARS SHALL BE IMPOSED FOR EACH VIOLATION FOR THE FAILURE
40 TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
41 7. AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A
42 CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
43 RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
44 USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE
45 COVERAGE.
46 8. (A) A NOTICE OF LIABILITY SHALL BE SENT BY THE DEPARTMENT OF MOTOR
47 VEHICLES WITHIN FIFTEEN DAYS OF THE ALLEGED VIOLATION BY FIRST CLASS
48 MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF
49 ANY RULE OR REGULATION RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES
50 AND BUS LANES PURSUANT TO THIS SECTION. PERSONAL SERVICE ON THE OWNER
51 SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED
52 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE
53 FACTS CONTAINED THEREIN.
54 (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
55 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY RULE OR
56 REGULATION RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES
S. 2636 3
1 ADOPTED BY THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO THIS SECTION,
2 THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE
3 LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH
4 VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE
5 VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
6 (C) 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 PERSONS 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 (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE
13 DEPARTMENT OF MOTOR VEHICLES OR ITS DESIGNEE.
14 9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
15 FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
16 DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN
17 ALLEGATION OF LIABILITY FOR A VIOLATION OF ANY RULE OR REGULATION RELAT-
18 ING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO THIS
19 SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
20 TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
21 TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
22 IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
23 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL, RETURN RECEIPT REQUESTED, TO
24 THE DEPARTMENT OF MOTOR VEHICLES OR ITS DESIGNEE.
25 10. IF THE OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION
26 RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO
27 THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
28 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
29 THE OPERATOR.
30 11. AN OWNER OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED
31 PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL NOT BE LIABLE IF THE
32 MOTORIST DRIVING OR STOPPING IN A HIGH OCCUPANCY VEHICLE AND BUS LANE
33 WHILE:
34 (A) YIELDING RIGHT OF WAY TO AN EMERGENCY VEHICLE WITH ACTIVATED
35 WARNING LIGHTS OR SIREN,
36 (B) AT THE DIRECTION OF LAW ENFORCEMENT OR EMERGENCY SERVICE OFFICIALS
37 OR OTHER GOVERNMENT OFFICIALS AUTHORIZED TO STOP OR DIRECT TRAFFIC, OR
38 (C) WHEN AVOIDING ROAD OBSTRUCTIONS OR CONSTRUCTION OR OTHER HAZARDS.
39 12. AN APPEAL OF AN ADJUDICATION OF LIABILITY PURSUANT TO THIS SECTION
40 MAY BE TAKEN IN ACCORDANCE WITH THE APPLICABLE PROVISIONS RELATING TO
41 ADJUDICATION OF TRAFFIC INFRACTIONS IN SUCH CITY.
42 13. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
43 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL
44 NOT BE LIABLE FOR THE VIOLATION OF ANY RULE OR REGULATION RELATING TO
45 THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES:
46 (I) IF PRIOR TO THE VIOLATION THE LESSOR HAS FILED WITH THE BUREAU AND
47 PAID THE REQUIRED FILING FEE IN ACCORDANCE WITH THE PROVISIONS OF
48 SECTION TWO HUNDRED THIRTY-NINE OF THIS TITLE; AND
49 (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE OF THE DATE AND
50 TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN
51 THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE BUREAU THE
52 CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE
53 NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH
54 OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL LEASE OR OTHER
55 CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU PURSUANT
56 TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
S. 2636 4
1 (B) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL
2 RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
3 (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION,
4 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
5 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
6 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
7 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION EIGHT OF
8 THIS SECTION.
9 14. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
10 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF ANY RULE OR REGULATION
11 PURSUANT TO THIS SECTION.
12 15. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN AND DECEMBER
13 THIRTY-FIRST, TWO THOUSAND ELEVEN THE COMMISSIONER SHALL SUBMIT A WRIT-
14 TEN REPORT ON THE DEMONSTRATION PROJECT IMPLEMENTATION PURSUANT TO THIS
15 SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
16 SPEAKER OF THE ASSEMBLY ON THE RESULTS OF SAID DEMONSTRATION PROGRAM.
17 SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
18 (A) A DESCRIPTION OF THE LOCATIONS WHERE HIGH OCCUPANCY VEHICLE AND
19 BUS LANE ENFORCEMENT CAMERAS WERE USED;
20 (B) THE NUMBER OF VIOLATIONS RECORDED IN THE AGGREGATE ON A DAILY,
21 WEEKLY AND MONTHLY BASIS;
22 (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
23 (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
24 NOTICE OF LIABILITY;
25 (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
26 CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
27 (F) THE TOTAL AMOUNT OF REVENUE REALIZED; AND
28 (G) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
29 S 2. This act shall take effect on the one hundred twentieth day after
30 it shall have become a law and shall expire and be deemed repealed three
31 years after such effective date; provided that any rules or regulations
32 necessary for the timely implementation of this act are authorized to be
33 made on or before such effective date.