STATE OF NEW YORK ________________________________________________________________________ 6802--A 2023-2024 Regular Sessions IN SENATE May 10, 2023 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10033-03-3
S. 6802--A 2 1 section eleven hundred eighty of this article or (iv) when other speed 2 limits are in effect as provided in subdivision (b), (d), (f) or (g) of 3 section eleven hundred eighty of this article during the following 4 times: (A) on school days during school hours and one hour before and 5 one hour after the school day, and (B) a period during student activ- 6 ities at the school and up to thirty minutes immediately before and up 7 to thirty minutes immediately after such student activities. In select- 8 ing a school speed zone in which to install and operate a photo speed 9 violation monitoring system, the city shall consider criteria including, 10 but not limited to, the speed data, crash history, and the roadway geom- 11 etry applicable to such school speed zone. 12 2. No photo speed violation monitoring system shall be used in a 13 school speed zone unless (i) on the day it is to be used it has success- 14 fully passed a self-test of its functions; and (ii) it has undergone an 15 annual calibration check performed pursuant to paragraph four of this 16 subdivision. The city shall install signs giving notice that a photo 17 speed violation monitoring system is in use to be mounted on advance 18 warning signs notifying motor vehicle operators of such upcoming school 19 speed zone and/or on speed limit signs applicable within such school 20 speed zone, in conformance with standards established in the MUTCD. 21 3. Operators of photo speed violation monitoring systems shall have 22 completed training in the procedures for setting up, testing, and oper- 23 ating such systems. Each such operator shall complete and sign a daily 24 set-up log for each such system that he or she operates that (i) states 25 the date and time when, and the location where, the system was set up 26 that day, and (ii) states that such operator successfully performed, and 27 the system passed, the self-tests of such system before producing a 28 recorded image that day. The city shall retain each such daily log until 29 the later of the date on which the photo speed violation monitoring 30 system to which it applies has been permanently removed from use or the 31 final resolution of all cases involving notices of liability issued 32 based on photographs, microphotographs, videotape or other recorded 33 images produced by such system. 34 4. Each photo speed violation monitoring system shall undergo an annu- 35 al calibration check performed by an independent calibration laboratory 36 which shall issue a signed certificate of calibration. The city shall 37 keep each such annual certificate of calibration on file until the final 38 resolution of all cases involving a notice of liability issued during 39 such year which were based on photographs, microphotographs, videotape 40 or other recorded images produced by such photo speed violation monitor- 41 ing system. 42 5. (i) Such demonstration program shall utilize necessary technologies 43 to ensure, to the extent practicable, that photographs, microphoto- 44 graphs, videotape or other recorded images produced by such photo speed 45 violation monitoring systems shall not include images that identify the 46 driver, the passengers, or the contents of the vehicle. Provided, 47 however, that no notice of liability issued pursuant to this section 48 shall be dismissed solely because such a photograph, microphotograph, 49 videotape or other recorded image allows for the identification of the 50 driver, the passengers, or the contents of vehicles where the city shows 51 that it made reasonable efforts to comply with the provisions of this 52 paragraph in such case. 53 (ii) Photographs, microphotographs, videotape or any other recorded 54 image from a photo speed violation monitoring system shall be for the 55 exclusive use of the city for the purpose of the adjudication of liabil- 56 ity imposed pursuant to this section and of the owner receiving a notice
S. 6802--A 3 1 of liability pursuant to this section, and shall be destroyed by the 2 city upon the final resolution of the notice of liability to which such 3 photographs, microphotographs, videotape or other recorded images 4 relate, or one year following the date of issuance of such notice of 5 liability, whichever is later. Notwithstanding the provisions of any 6 other law, rule or regulation to the contrary, photographs, microphoto- 7 graphs, videotape or any other recorded image from a photo speed 8 violation monitoring system shall not be open to the public, nor subject 9 to civil or criminal process or discovery, nor used by any court or 10 administrative or adjudicatory body in any action or proceeding therein 11 except that which is necessary for the adjudication of a notice of 12 liability issued pursuant to this section, and no public entity or 13 employee, officer or agent thereof shall disclose such information, 14 except that such photographs, microphotographs, videotape or any other 15 recorded images from such systems: 16 (A) shall be available for inspection and copying and use by the motor 17 vehicle owner and operator for so long as such photographs, microphoto- 18 graphs, videotape or other recorded images are required to be maintained 19 or are maintained by such public entity, employee, officer or agent; and 20 (B) (1) shall be furnished when described in a search warrant issued 21 by a court authorized to issue such a search warrant pursuant to article 22 six hundred ninety of the criminal procedure law or a federal court 23 authorized to issue such a search warrant under federal law, where such 24 search warrant states that there is reasonable cause to believe such 25 information constitutes evidence of, or tends to demonstrate that, a 26 misdemeanor or felony offense was committed in this state or another 27 state, or that a particular person participated in the commission of a 28 misdemeanor or felony offense in this state or another state, provided, 29 however, that if such offense was against the laws of another state, the 30 court shall only issue a warrant if the conduct comprising such offense 31 would, if occurring in this state, constitute a misdemeanor or felony 32 against the laws of this state; and 33 (2) shall be furnished in response to a subpoena duces tecum signed by 34 a judge of competent jurisdiction and issued pursuant to article six 35 hundred ten of the criminal procedure law or a judge or magistrate of a 36 federal court authorized to issue such a subpoena duces tecum under 37 federal law, where the judge finds and the subpoena states that there is 38 reasonable cause to believe such information is relevant and material to 39 the prosecution, or the defense, or the investigation by an authorized 40 law enforcement official, of the alleged commission of a misdemeanor or 41 felony in this state or another state, provided, however, that if such 42 offense was against the laws of another state, such judge or magistrate 43 shall only issue such subpoena if the conduct comprising such offense 44 would, if occurring in this state, constitute a misdemeanor or felony in 45 this state; and 46 (3) may, if lawfully obtained pursuant to this clause and clause (A) 47 of this subparagraph and otherwise admissible, be used in such criminal 48 action or proceeding. 49 (b) If the city of Albany establishes a demonstration program pursuant 50 to subdivision (a) of this section, the owner of a vehicle shall be 51 liable for a penalty imposed pursuant to this section if such vehicle 52 was used or operated with the permission of the owner, express or 53 implied, within a school speed zone in violation of subdivision (c) or 54 during the times authorized pursuant to subdivision (a) of this section 55 in violation of subdivision (b), (d), (f) or (g) of section eleven 56 hundred eighty of this article, such vehicle was traveling at a speed of
S. 6802--A 4 1 more than ten miles per hour above the posted speed limit in effect 2 within such school speed zone, and such violation is evidenced by infor- 3 mation obtained from a photo speed violation monitoring system; provided 4 however that no owner of a vehicle shall be liable for a penalty imposed 5 pursuant to this section where the operator of such vehicle has been 6 convicted of the underlying violation of subdivision (b), (c), (d), (f) 7 or (g) of section eleven hundred eighty of this article. 8 (c) For purposes of this section, the following terms shall have the 9 following meanings: 10 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 11 the manual and specifications for a uniform system of traffic control 12 devices maintained by the commissioner of transportation pursuant to 13 section sixteen hundred eighty of this chapter; 14 2. "owner" shall have the meaning provided in article two-B of this 15 chapter; 16 3. "photo speed violation monitoring system" shall mean a vehicle 17 sensor installed to work in conjunction with a speed measuring device 18 which automatically produces two or more photographs, two or more micro- 19 photographs, a videotape or other recorded images of each vehicle at the 20 time it is used or operated in a school speed zone in violation of 21 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 22 of this article in accordance with the provisions of this section; and 23 4. "school speed zone" shall mean a distance not to exceed one thou- 24 sand three hundred twenty feet on a highway passing a school building, 25 entrance or exit of a school abutting on the highway. 26 (d) A certificate, sworn to or affirmed by a technician employed by 27 the city of Albany, or a facsimile thereof, based upon inspection of 28 photographs, microphotographs, videotape or other recorded images 29 produced by a photo speed violation monitoring system, shall be prima 30 facie evidence of the facts contained therein. Any photographs, micro- 31 photographs, videotape or other recorded images evidencing such a 32 violation shall include at least two date and time stamped images of the 33 rear of the motor vehicle that include the same stationary object near 34 the motor vehicle and shall be available for inspection reasonably in 35 advance of and at any proceeding to adjudicate the liability for such 36 violation pursuant to this section. 37 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 38 or (g) of section eleven hundred eighty of this article pursuant to a 39 demonstration program established pursuant to this section shall be 40 liable for monetary penalties in accordance with a schedule of fines and 41 penalties to be promulgated by the parking violations bureau of the city 42 of Albany. The liability of the owner pursuant to this section shall not 43 exceed fifty dollars for each violation; provided, however, that such 44 parking violations bureau may provide for an additional penalty not in 45 excess of twenty-five dollars for each violation for the failure to 46 respond to a notice of liability within the prescribed time period. 47 (f) An imposition of liability under the demonstration program estab- 48 lished pursuant to this section shall not be deemed a conviction as an 49 operator and shall not be made part of the operating record of the 50 person upon whom such liability is imposed nor shall it be used for 51 insurance purposes in the provision of motor vehicle insurance coverage. 52 (g) 1. A notice of liability shall be sent by first class mail to each 53 person alleged to be liable as an owner for a violation of subdivision 54 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 55 cle pursuant to this section, within fourteen business days if such 56 owner is a resident of this state and within forty-five business days if
S. 6802--A 5 1 such owner is a non-resident. Personal delivery on the owner shall not 2 be required. A manual or automatic record of mailing prepared in the 3 ordinary course of business shall be prima facie evidence of the facts 4 contained therein. 5 2. A notice of liability shall contain the name and address of the 6 person alleged to be liable as an owner for a violation of subdivision 7 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 8 cle pursuant to this section, the registration number of the vehicle 9 involved in such violation, the location where such violation took 10 place, the date and time of such violation, the identification number of 11 the camera which recorded the violation or other document locator 12 number, at least two date and time stamped images of the rear of the 13 motor vehicle that include the same stationary object near the motor 14 vehicle, and the certificate charging the liability. 15 3. The notice of liability shall contain information advising the 16 person charged of the manner and the time in which he or she may contest 17 the liability alleged in the notice. Such notice of liability shall also 18 contain a prominent warning to advise the person charged that failure to 19 contest in the manner and time provided shall be deemed an admission of 20 liability and that a default judgment may be entered thereon. 21 4. The notice of liability shall be prepared and mailed by the city of 22 Albany, or by any other entity authorized by the city to prepare and 23 mail such notice of liability. 24 (h) Adjudication of the liability imposed upon owners of this section 25 shall be by the city of Albany parking violations bureau. 26 (i) If an owner receives a notice of liability pursuant to this 27 section for any time period during which the vehicle or the number plate 28 or plates of such vehicle was reported to the police department as 29 having been stolen, it shall be a valid defense to an allegation of 30 liability for a violation of subdivision (b), (c), (d), (f) or (g) of 31 section eleven hundred eighty of this article pursuant to this section 32 that the vehicle or the number plate or plates of such vehicle had been 33 reported to the police as stolen prior to the time the violation 34 occurred and had not been recovered by such time. For purposes of 35 asserting the defense provided by this subdivision, it shall be suffi- 36 cient that a certified copy of the police report on the stolen vehicle 37 or number plate or plates of such vehicle be sent by first class mail to 38 the city of Albany parking violations bureau or by any other entity 39 authorized by the city to prepare and mail such notice of liability. 40 (j) Adjudication of the liability imposed upon owners of this section 41 shall be by the city of Albany parking violations bureau. 42 (k) 1. An owner who is a lessor of a vehicle to which a notice of 43 liability was issued pursuant to subdivision (g) of this section shall 44 not be liable for the violation of subdivision (b), (c), (d), (f) or (g) 45 of section eleven hundred eighty of this article pursuant to this 46 section, provided that: 47 (i) prior to the violation, the lessor has filed with such parking 48 violations bureau in accordance with the provisions of section two 49 hundred thirty-nine of this chapter; and 50 (ii) within thirty-seven days after receiving notice from such bureau 51 of the date and time of a liability, together with the other information 52 contained in the original notice of liability, the lessor submits to 53 such bureau the correct name and address of the lessee of the vehicle 54 identified in the notice of liability at the time of such violation, 55 together with such other additional information contained in the rental,
S. 6802--A 6 1 lease or other contract document, as may be reasonably required by such 2 bureau pursuant to regulations that may be promulgated for such purpose. 3 2. Failure to comply with subparagraph (ii) of paragraph one of this 4 subdivision shall render the owner liable for the penalty prescribed in 5 this section. 6 3. Where the lessor complies with the provisions of paragraph one of 7 this subdivision, the lessee of such vehicle on the date of such 8 violation shall be deemed to be the owner of such vehicle for purposes 9 of this section, shall be subject to liability for such violation pursu- 10 ant to this section and shall be sent a notice of liability pursuant to 11 subdivision (g) of this section. 12 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 13 of section eleven hundred eighty of this article pursuant to this 14 section was not the operator of the vehicle at the time of the 15 violation, the owner may maintain an action for indemnification against 16 the operator. 17 2. Notwithstanding any other provision of this section, no owner of a 18 vehicle shall be subject to a monetary fine imposed pursuant to this 19 section if the operator of such vehicle was operating such vehicle with- 20 out the consent of the owner at the time such operator operated such 21 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 22 eleven hundred eighty of this article. For purposes of this subdivision 23 there shall be a presumption that the operator of such vehicle was oper- 24 ating such vehicle with the consent of the owner at the time such opera- 25 tor operated such vehicle in violation of subdivision (b), (c), (d), (f) 26 or (g) of section eleven hundred eighty of this article. 27 (m) Nothing in this section shall be construed to limit the liability 28 of an operator of a vehicle for any violation of subdivision (c) or (d) 29 of section eleven hundred eighty of this article. 30 (n) If the city adopts a demonstration program pursuant to subdivision 31 (a) of this section it shall conduct a study and submit an annual report 32 on the results of the use of photo devices to the governor, the tempo- 33 rary president of the senate and the speaker of the assembly on or 34 before the first day of June next succeeding the effective date of this 35 section and on the same date in each succeeding year in which the demon- 36 stration program is operable. Such report shall include: 37 1. the locations where and dates when photo speed violation monitoring 38 systems were used; 39 2. the aggregate number, type and severity of crashes, fatalities, 40 injuries and property damage reported within all school speed zones 41 within the city, to the extent the information is maintained by the 42 department of motor vehicles of this state; 43 3. the aggregate number, type and severity of crashes, fatalities, 44 injuries and property damage reported within school speed zones where 45 photo speed violation monitoring systems were used, to the extent the 46 information is maintained by the department of motor vehicles of this 47 state; 48 4. the number of violations recorded within all school speed zones 49 within the city, in the aggregate on a daily, weekly and monthly basis; 50 5. the number of violations recorded within each school speed zone 51 where a photo speed violation monitoring system is used, in the aggre- 52 gate on a daily, weekly and monthly basis; 53 6. the number of violations recorded within all school speed zones 54 within the city that were: 55 (i) more than ten but not more than twenty miles per hour over the 56 posted speed limit;
S. 6802--A 7 1 (ii) more than twenty but not more than thirty miles per hour over the 2 posted speed limit; 3 (iii) more than thirty but not more than forty miles per hour over the 4 posted speed limit; and 5 (iv) more than forty miles per hour over the posted speed limit; 6 7. the number of violations recorded within each school speed zone 7 where a photo speed violation monitoring system is used that were: 8 (i) more than ten but not more than twenty miles per hour over the 9 posted speed limit; 10 (ii) more than twenty but not more than thirty miles per hour over the 11 posted speed limit; 12 (iii) more than thirty but not more than forty miles per hour over the 13 posted speed limit; and 14 (iv) more than forty miles per hour over the posted speed limit; 15 8. the total number of notices of liability issued for violations 16 recorded by such systems; 17 9. the number of fines and total amount of fines paid after the first 18 notice of liability issued for violations recorded by such systems; 19 10. the number of violations adjudicated and the results of such adju- 20 dications including breakdowns of dispositions made for violations 21 recorded by such systems; 22 11. the total amount of revenue realized by the city in connection 23 with the program; 24 12. the expenses incurred by the city in connection with the program; 25 and 26 13. the quality of the adjudication process and its results. 27 (o) It shall be a defense to any prosecution for a violation of subdi- 28 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 29 this article pursuant to this section that such photo speed violation 30 monitoring system was malfunctioning at the time of the alleged 31 violation. 32 § 2. Subdivision 2 of section 87 of the public officers law is amended 33 by adding a new paragraph (t) to read as follows: 34 (t) are photographs, microphotographs, videotape or other recorded 35 images prepared under the authority of section eleven hundred eighty-f 36 of the vehicle and traffic law. 37 § 3. The purchase or lease of equipment for a demonstration program 38 established pursuant to section 1180-f of the vehicle and traffic law, 39 as added by section one of this act, shall be subject to the provisions 40 of section 103 of the general municipal law. 41 § 4. This act shall take effect on the thirtieth day after it shall 42 have become a law and shall expire December 31, 2028, when upon such 43 date the provisions of this act shall be deemed repealed. 44 Effective immediately, the addition, amendment and/or repeal of any 45 rule or regulation necessary for the implementation of this act on its 46 effective date are authorized to be made and completed on or before such 47 effective date.