S T A T E O F N E W Y O R K
________________________________________________________________________
6115
I N S E N A T E
(PREFILED)
January 8, 2014
___________
Introduced by Sen. ESPAILLAT -- 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 and the administrative code
of the city of New York, in relation to traffic-control indications
for cities of one million or more; to amend chapter 746 of the laws of
1988 amending the vehicle and traffic law, the general municipal law
and the public officers law, relating to the civil liability of vehi-
cle owners for traffic control signal violations, in relation to
making such provisions permanent; and to amend local law number 46 of
the city of New York for the year 1989 amending the administrative
code of New York relating to civil liability of vehicle owners for
traffic control signal violations, in relation to making such
provisions permanent; and repealing certain provisions of the vehicle
and traffic law and the administrative code of the city of New York
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (a) of section 1111-a of the vehicle and traf-
2 fic law, as amended by chapter 658 of the laws of 2006 and paragraph 1
3 as amended by chapter 18 of the laws of 2009, is amended to read as
4 follows:
5 (a) 1. Notwithstanding any other provision of law, each city with a
6 population of one million or more is hereby authorized and empowered to
7 adopt and amend a local law or ordinance establishing a [demonstration]
8 program imposing monetary liability on the owner of a vehicle for fail-
9 ure of an operator thereof to comply with traffic-control indications in
10 such city in accordance with the provisions of this section. Such
11 [demonstration] program shall empower a city to install and operate
12 traffic-control signal photo violation-monitoring devices [at no more
13 than one hundred fifty intersections] within such city [at any one
14 time].
15 2. Such [demonstration] program shall utilize necessary technologies
16 to ensure, to the extent practicable, that photographs produced by such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11951-02-3
S. 6115 2
1 traffic-control signal photo violation-monitoring systems shall not
2 include images that identify the driver, the passengers, or the contents
3 of the vehicle. Provided, however, that no notice of liability issued
4 pursuant to this section shall be dismissed solely because a photograph
5 or photographs allow for the identification of the contents of a vehi-
6 cle, provided that such city has made a reasonable effort to comply with
7 the provisions of this paragraph.
8 S 2. Subdivision (m) of section 1111-a of the vehicle and traffic law
9 is REPEALED.
10 S 3. Subdivision (a) of section 19-210 of the administrative code of
11 the city of New York, as amended by chapter 658 of the laws of 2006 and
12 paragraph 1 as amended by chapter 18 of the laws of 2009, is amended to
13 read as follows:
14 (a) 1. Notwithstanding any other provision of law, the parking
15 violations bureau is hereby authorized and empowered to establish a
16 [demonstration] program imposing monetary liability on the owner of a
17 vehicle for failure of an operator thereof to comply with traffic-con-
18 trol indications in accordance with the provisions of this section. The
19 department of transportation, for purposes of implementation of such
20 program, shall be authorized to install and operate traffic-control
21 signal photo violation-monitoring devices [at no more than one hundred
22 fifty intersections at any one time].
23 2. Such [demonstration] program shall utilize necessary technologies
24 to ensure, to the extent practicable, that photographs produced by such
25 traffic-control signal photo violation-monitoring systems shall not
26 include images that identify the driver, the passengers, or the contents
27 of the vehicle. Provided, however, that no notice of liability issued
28 pursuant to this section shall be dismissed solely because a photograph
29 or photographs allow for the identification of the contents of a vehi-
30 cle, provided that such city has made a reasonable effort to comply with
31 the provisions of this paragraph.
32 S 4. Subdivisions (n) and (o) of section 19-210 of the administrative
33 code of the city of New York are REPEALED.
34 S 5. Section 16 of chapter 746 of the laws of 1988 amending the vehi-
35 cle and traffic law, the general municipal law and the public officers
36 law, relating to the civil liability of vehicle owners for traffic
37 control signal violations, is amended to read as follows:
38 S 16. The purchase or lease of equipment for a [demonstration] program
39 established pursuant to section eleven hundred eleven-a of the vehicle
40 and traffic law shall be subject to the provisions of section one
41 hundred three of the general municipal law.
42 S 6. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
43 cle and traffic law, the general municipal law and the public officers
44 law, relating to the civil liability of vehicle owners for traffic
45 control signal violations, as amended by chapter 18 of the laws of 2009,
46 is amended to read as follows:
47 S 17. This act shall take effect on the thirtieth day after it shall
48 have become a law [and shall remain in full force and effect until
49 December 1, 2014 when upon such date the amendments and provisions made
50 by this act shall be deemed repealed; provided, however, any such local
51 laws as may be enacted pursuant to this act shall remain in full force
52 and effect only until the expiration on December 1, 2014].
53 S 7. Section 2 of local law number 46 of the city of New York for the
54 year 1989 amending the administrative code of the city of New York
55 relating to civil liability of vehicle owners for traffic control signal
S. 6115 3
1 violations, as amended by chapter 18 of the laws of 2009, is amended to
2 read as follows:
3 S 2. This local law shall take effect immediately [and shall expire on
4 December 1, 2014].
5 S 8. This act shall take effect immediately; provided, however, that
6 sections one through five of this act shall take effect one year after
7 it shall have become a law.