STATE OF NEW YORK ________________________________________________________________________ 7043--A 2023-2024 Regular Sessions IN ASSEMBLY May 10, 2023 ___________ Introduced by M. of A. FAHY -- read once and referred to the Committee on Transportation -- 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 establishing a school speed zone camera demonstration program in the city of Albany; 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 1180-f to read as follows: 3 § 1180-f. Owner liability for failure of operator to comply with 4 certain posted maximum speed limits. (a) 1. Notwithstanding any other 5 provision of law, the city of Albany is hereby authorized to establish a 6 demonstration program imposing monetary liability on the owner of a 7 vehicle for failure of an operator thereof to comply with posted maximum 8 speed limits in a school speed zone within such city (i) when a school 9 speed limit is in effect as provided in paragraphs one and two of subdi- 10 vision (c) of section eleven hundred eighty of this article or (ii) when 11 other speed limits are in effect as provided in subdivision (b), (d), 12 (f) or (g) of section eleven hundred eighty of this article during the 13 following times: (A) on school days during school hours and one hour 14 before and one hour after the school day, and (B) a period during 15 student activities at the school and up to thirty minutes immediately 16 before and up to thirty minutes immediately after such student activ- 17 ities. Such demonstration program shall empower the city of Albany to 18 install photo speed violation monitoring systems within no more than 19 twenty school speed zones within such city at any one time and to oper- 20 ate such systems within such zones (iii) when a school speed limit is in 21 effect as provided in paragraphs one and two of subdivision (c) of 22 section eleven hundred eighty of this article or (iv) when other speed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10033-02-3
A. 7043--A 2 1 limits are in effect as provided in subdivision (b), (d), (f) or (g) of 2 section eleven hundred eighty of this article during the following 3 times: (A) on school days during school hours and one hour before and 4 one hour after the school day, and (B) a period during student activ- 5 ities at the school and up to thirty minutes immediately before and up 6 to thirty minutes immediately after such student activities. In select- 7 ing a school speed zone in which to install and operate a photo speed 8 violation monitoring system, the city shall consider criteria including, 9 but not limited to, the speed data, crash history, and the roadway geom- 10 etry applicable to such school speed zone. 11 2. No photo speed violation monitoring system shall be used in a 12 school speed zone unless (i) on the day it is to be used it has success- 13 fully passed a self-test of its functions; and (ii) it has undergone an 14 annual calibration check performed pursuant to paragraph four of this 15 subdivision. The city shall install signs giving notice that a photo 16 speed violation monitoring system is in use to be mounted on advance 17 warning signs notifying motor vehicle operators of such upcoming school 18 speed zone and/or on speed limit signs applicable within such school 19 speed zone, in conformance with standards established in the MUTCD. 20 3. Operators of photo speed violation monitoring systems shall have 21 completed training in the procedures for setting up, testing, and oper- 22 ating such systems. Each such operator shall complete and sign a daily 23 set-up log for each such system that he or she operates that (i) states 24 the date and time when, and the location where, the system was set up 25 that day, and (ii) states that such operator successfully performed, and 26 the system passed, the self-tests of such system before producing a 27 recorded image that day. The city shall retain each such daily log until 28 the later of the date on which the photo speed violation monitoring 29 system to which it applies has been permanently removed from use or the 30 final resolution of all cases involving notices of liability issued 31 based on photographs, microphotographs, videotape or other recorded 32 images produced by such system. 33 4. Each photo speed violation monitoring system shall undergo an annu- 34 al calibration check performed by an independent calibration laboratory 35 which shall issue a signed certificate of calibration. The city shall 36 keep each such annual certificate of calibration on file until the final 37 resolution of all cases involving a notice of liability issued during 38 such year which were based on photographs, microphotographs, videotape 39 or other recorded images produced by such photo speed violation monitor- 40 ing system. 41 5. (i) Such demonstration program shall utilize necessary technologies 42 to ensure, to the extent practicable, that photographs, microphoto- 43 graphs, videotape or other recorded images produced by such photo speed 44 violation monitoring systems shall not include images that identify the 45 driver, the passengers, or the contents of the vehicle. Provided, 46 however, that no notice of liability issued pursuant to this section 47 shall be dismissed solely because such a photograph, microphotograph, 48 videotape or other recorded image allows for the identification of the 49 driver, the passengers, or the contents of vehicles where the city shows 50 that it made reasonable efforts to comply with the provisions of this 51 paragraph in such case. 52 (ii) Photographs, microphotographs, videotape or any other recorded 53 image from a photo speed violation monitoring system shall be for the 54 exclusive use of the city for the purpose of the adjudication of liabil- 55 ity imposed pursuant to this section and of the owner receiving a notice 56 of liability pursuant to this section, and shall be destroyed by the
A. 7043--A 3 1 city upon the final resolution of the notice of liability to which such 2 photographs, microphotographs, videotape or other recorded images 3 relate, or one year following the date of issuance of such notice of 4 liability, whichever is later. Notwithstanding the provisions of any 5 other law, rule or regulation to the contrary, photographs, microphoto- 6 graphs, videotape or any other recorded image from a photo speed 7 violation monitoring system shall not be open to the public, nor subject 8 to civil or criminal process or discovery, nor used by any court or 9 administrative or adjudicatory body in any action or proceeding therein 10 except that which is necessary for the adjudication of a notice of 11 liability issued pursuant to this section, and no public entity or 12 employee, officer or agent thereof shall disclose such information, 13 except that such photographs, microphotographs, videotape or any other 14 recorded images from such systems: 15 (A) shall be available for inspection and copying and use by the motor 16 vehicle owner and operator for so long as such photographs, microphoto- 17 graphs, videotape or other recorded images are required to be maintained 18 or are maintained by such public entity, employee, officer or agent; and 19 (B) (1) shall be furnished when described in a search warrant issued 20 by a court authorized to issue such a search warrant pursuant to article 21 six hundred ninety of the criminal procedure law or a federal court 22 authorized to issue such a search warrant under federal law, where such 23 search warrant states that there is reasonable cause to believe such 24 information constitutes evidence of, or tends to demonstrate that, a 25 misdemeanor or felony offense was committed in this state or another 26 state, or that a particular person participated in the commission of a 27 misdemeanor or felony offense in this state or another state, provided, 28 however, that if such offense was against the laws of another state, the 29 court shall only issue a warrant if the conduct comprising such offense 30 would, if occurring in this state, constitute a misdemeanor or felony 31 against the laws of this state; and 32 (2) shall be furnished in response to a subpoena duces tecum signed by 33 a judge of competent jurisdiction and issued pursuant to article six 34 hundred ten of the criminal procedure law or a judge or magistrate of a 35 federal court authorized to issue such a subpoena duces tecum under 36 federal law, where the judge finds and the subpoena states that there is 37 reasonable cause to believe such information is relevant and material to 38 the prosecution, or the defense, or the investigation by an authorized 39 law enforcement official, of the alleged commission of a misdemeanor or 40 felony in this state or another state, provided, however, that if such 41 offense was against the laws of another state, such judge or magistrate 42 shall only issue such subpoena if the conduct comprising such offense 43 would, if occurring in this state, constitute a misdemeanor or felony in 44 this state; and 45 (3) may, if lawfully obtained pursuant to this clause and clause (A) 46 of this subparagraph and otherwise admissible, be used in such criminal 47 action or proceeding. 48 (b) If the city of Albany establishes a demonstration program pursuant 49 to subdivision (a) of this section, the owner of a vehicle shall be 50 liable for a penalty imposed pursuant to this section if such vehicle 51 was used or operated with the permission of the owner, express or 52 implied, within a school speed zone in violation of subdivision (c) or 53 during the times authorized pursuant to subdivision (a) of this section 54 in violation of subdivision (b), (d), (f) or (g) of section eleven 55 hundred eighty of this article, such vehicle was traveling at a speed of 56 more than ten miles per hour above the posted speed limit in effect
A. 7043--A 4 1 within such school speed zone, and such violation is evidenced by infor- 2 mation obtained from a photo speed violation monitoring system; provided 3 however that no owner of a vehicle shall be liable for a penalty imposed 4 pursuant to this section where the operator of such vehicle has been 5 convicted of the underlying violation of subdivision (b), (c), (d), (f) 6 or (g) of section eleven hundred eighty of this article. 7 (c) For purposes of this section, the following terms shall have the 8 following meanings: 9 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 10 the manual and specifications for a uniform system of traffic control 11 devices maintained by the commissioner of transportation pursuant to 12 section sixteen hundred eighty of this chapter; 13 2. "owner" shall have the meaning provided in article two-B of this 14 chapter; 15 3. "photo speed violation monitoring system" shall mean a vehicle 16 sensor installed to work in conjunction with a speed measuring device 17 which automatically produces two or more photographs, two or more micro- 18 photographs, a videotape or other recorded images of each vehicle at the 19 time it is used or operated in a school speed zone in violation of 20 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 21 of this article in accordance with the provisions of this section; and 22 4. "school speed zone" shall mean a distance not to exceed one thou- 23 sand three hundred twenty feet on a highway passing a school building, 24 entrance or exit of a school abutting on the highway. 25 (d) A certificate, sworn to or affirmed by a technician employed by 26 the city of Albany, or a facsimile thereof, based upon inspection of 27 photographs, microphotographs, videotape or other recorded images 28 produced by a photo speed violation monitoring system, shall be prima 29 facie evidence of the facts contained therein. Any photographs, micro- 30 photographs, videotape or other recorded images evidencing such a 31 violation shall include at least two date and time stamped images of the 32 rear of the motor vehicle that include the same stationary object near 33 the motor vehicle and shall be available for inspection reasonably in 34 advance of and at any proceeding to adjudicate the liability for such 35 violation pursuant to this section. 36 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 37 or (g) of section eleven hundred eighty of this article pursuant to a 38 demonstration program established pursuant to this section shall be 39 liable for monetary penalties in accordance with a schedule of fines and 40 penalties to be promulgated by the parking violations bureau of the city 41 of Albany. The liability of the owner pursuant to this section shall not 42 exceed fifty dollars for each violation; provided, however, that such 43 parking violations bureau may provide for an additional penalty not in 44 excess of twenty-five dollars for each violation for the failure to 45 respond to a notice of liability within the prescribed time period. 46 (f) An imposition of liability under the demonstration program estab- 47 lished pursuant to this section shall not be deemed a conviction as an 48 operator and shall not be made part of the operating record of the 49 person upon whom such liability is imposed nor shall it be used for 50 insurance purposes in the provision of motor vehicle insurance coverage. 51 (g) 1. A notice of liability shall be sent by first class mail to each 52 person alleged to be liable as an owner for a violation of subdivision 53 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 54 cle pursuant to this section, within fourteen business days if such 55 owner is a resident of this state and within forty-five business days if 56 such owner is a non-resident. Personal delivery on the owner shall not
A. 7043--A 5 1 be required. A manual or automatic record of mailing prepared in the 2 ordinary course of business shall be prima facie evidence of the facts 3 contained therein. 4 2. A notice of liability shall contain the name and address of the 5 person alleged to be liable as an owner for a violation of subdivision 6 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 7 cle pursuant to this section, the registration number of the vehicle 8 involved in such violation, the location where such violation took 9 place, the date and time of such violation, the identification number of 10 the camera which recorded the violation or other document locator 11 number, at least two date and time stamped images of the rear of the 12 motor vehicle that include the same stationary object near the motor 13 vehicle, and the certificate charging the liability. 14 3. The notice of liability shall contain information advising the 15 person charged of the manner and the time in which he or she may contest 16 the liability alleged in the notice. Such notice of liability shall also 17 contain a prominent warning to advise the person charged that failure to 18 contest in the manner and time provided shall be deemed an admission of 19 liability and that a default judgment may be entered thereon. 20 4. The notice of liability shall be prepared and mailed by the city of 21 Albany, or by any other entity authorized by the city to prepare and 22 mail such notice of liability. 23 (h) Adjudication of the liability imposed upon owners of this section 24 shall be by the city of Albany parking violations bureau. 25 (i) If an owner receives a notice of liability pursuant to this 26 section for any time period during which the vehicle or the number plate 27 or plates of such vehicle was reported to the police department as 28 having been stolen, it shall be a valid defense to an allegation of 29 liability for a violation of subdivision (b), (c), (d), (f) or (g) of 30 section eleven hundred eighty of this article pursuant to this section 31 that the vehicle or the number plate or plates of such vehicle had been 32 reported to the police as stolen prior to the time the violation 33 occurred and had not been recovered by such time. For purposes of 34 asserting the defense provided by this subdivision, it shall be suffi- 35 cient that a certified copy of the police report on the stolen vehicle 36 or number plate or plates of such vehicle be sent by first class mail to 37 the city of Albany parking violations bureau or by any other entity 38 authorized by the city to prepare and mail such notice of liability. 39 (j) Adjudication of the liability imposed upon owners of this section 40 shall be by the city of Albany parking violations bureau. 41 (k) 1. An owner who is a lessor of a vehicle to which a notice of 42 liability was issued pursuant to subdivision (g) of this section shall 43 not be liable for the violation of subdivision (b), (c), (d), (f) or (g) 44 of section eleven hundred eighty of this article pursuant to this 45 section, provided that: 46 (i) prior to the violation, the lessor has filed with such parking 47 violations bureau in accordance with the provisions of section two 48 hundred thirty-nine of this chapter; and 49 (ii) within thirty-seven days after receiving notice from such bureau 50 of the date and time of a liability, together with the other information 51 contained in the original notice of liability, the lessor submits to 52 such bureau the correct name and address of the lessee of the vehicle 53 identified in the notice of liability at the time of such violation, 54 together with such other additional information contained in the rental, 55 lease or other contract document, as may be reasonably required by such 56 bureau pursuant to regulations that may be promulgated for such purpose.
A. 7043--A 6 1 2. Failure to comply with subparagraph (ii) of paragraph one of this 2 subdivision shall render the owner liable for the penalty prescribed in 3 this section. 4 3. Where the lessor complies with the provisions of paragraph one of 5 this subdivision, the lessee of such vehicle on the date of such 6 violation shall be deemed to be the owner of such vehicle for purposes 7 of this section, shall be subject to liability for such violation pursu- 8 ant to this section and shall be sent a notice of liability pursuant to 9 subdivision (g) of this section. 10 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 11 of section eleven hundred eighty of this article pursuant to this 12 section was not the operator of the vehicle at the time of the 13 violation, the owner may maintain an action for indemnification against 14 the operator. 15 2. Notwithstanding any other provision of this section, no owner of a 16 vehicle shall be subject to a monetary fine imposed pursuant to this 17 section if the operator of such vehicle was operating such vehicle with- 18 out the consent of the owner at the time such operator operated such 19 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 20 eleven hundred eighty of this article. For purposes of this subdivision 21 there shall be a presumption that the operator of such vehicle was oper- 22 ating such vehicle with the consent of the owner at the time such opera- 23 tor operated such vehicle in violation of subdivision (b), (c), (d), (f) 24 or (g) of section eleven hundred eighty of this article. 25 (m) Nothing in this section shall be construed to limit the liability 26 of an operator of a vehicle for any violation of subdivision (c) or (d) 27 of section eleven hundred eighty of this article. 28 (n) If the city adopts a demonstration program pursuant to subdivision 29 (a) of this section it shall conduct a study and submit an annual report 30 on the results of the use of photo devices to the governor, the tempo- 31 rary president of the senate and the speaker of the assembly on or 32 before the first day of June next succeeding the effective date of this 33 section and on the same date in each succeeding year in which the demon- 34 stration program is operable. Such report shall include: 35 1. the locations where and dates when photo speed violation monitoring 36 systems were used; 37 2. the aggregate number, type and severity of crashes, fatalities, 38 injuries and property damage reported within all school speed zones 39 within the city, to the extent the information is maintained by the 40 department of motor vehicles of this state; 41 3. the aggregate number, type and severity of crashes, fatalities, 42 injuries and property damage reported within school speed zones where 43 photo speed violation monitoring systems were used, to the extent the 44 information is maintained by the department of motor vehicles of this 45 state; 46 4. the number of violations recorded within all school speed zones 47 within the city, in the aggregate on a daily, weekly and monthly basis; 48 5. the number of violations recorded within each school speed zone 49 where a photo speed violation monitoring system is used, in the aggre- 50 gate on a daily, weekly and monthly basis; 51 6. the number of violations recorded within all school speed zones 52 within the city that were: 53 (i) more than ten but not more than twenty miles per hour over the 54 posted speed limit; 55 (ii) more than twenty but not more than thirty miles per hour over the 56 posted speed limit;
A. 7043--A 7 1 (iii) more than thirty but not more than forty miles per hour over the 2 posted speed limit; and 3 (iv) more than forty miles per hour over the posted speed limit; 4 7. the number of violations recorded within each school speed zone 5 where a photo speed violation monitoring system is used that were: 6 (i) more than ten but not more than twenty miles per hour over the 7 posted speed limit; 8 (ii) more than twenty but not more than thirty miles per hour over the 9 posted speed limit; 10 (iii) more than thirty but not more than forty miles per hour over the 11 posted speed limit; and 12 (iv) more than forty miles per hour over the posted speed limit; 13 8. the total number of notices of liability issued for violations 14 recorded by such systems; 15 9. the number of fines and total amount of fines paid after the first 16 notice of liability issued for violations recorded by such systems; 17 10. the number of violations adjudicated and the results of such adju- 18 dications including breakdowns of dispositions made for violations 19 recorded by such systems; 20 11. the total amount of revenue realized by the city in connection 21 with the program; 22 12. the expenses incurred by the city in connection with the program; 23 and 24 13. the quality of the adjudication process and its results. 25 (o) It shall be a defense to any prosecution for a violation of subdi- 26 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 27 this article pursuant to this section that such photo speed violation 28 monitoring system was malfunctioning at the time of the alleged 29 violation. 30 § 2. Subdivision 2 of section 87 of the public officers law is amended 31 by adding a new paragraph (t) to read as follows: 32 (t) are photographs, microphotographs, videotape or other recorded 33 images prepared under the authority of section eleven hundred eighty-f 34 of the vehicle and traffic law. 35 § 3. The purchase or lease of equipment for a demonstration program 36 established pursuant to section 1180-f of the vehicle and traffic law, 37 as added by section one of this act, shall be subject to the provisions 38 of section 103 of the general municipal law. 39 § 4. This act shall take effect on the thirtieth day after it shall 40 have become a law and shall expire December 31, 2028, when upon such 41 date the provisions of this act shall be deemed repealed. 42 Effective immediately, the addition, amendment and/or repeal of any 43 rule or regulation necessary for the implementation of this act on its 44 effective date are authorized to be made and completed on or before such 45 effective date.