Authorizes the city of Buffalo to implement a program using photo-monitoring devices and imposing monetary liability on vehicle owners for traffic signal violations

Section 2 amends section 235 of the vehicle and traffic law as separately amended by chapter 746 of the laws of 1988 and chapter 379 of the laws of 1992 to include section 1111-b.

Section 3 amends section 235 of the vehicle and traffic law to enable any city which is authorized to establish an administrative tribunal to hear complaints of traffic infractions to adjudicate the liability of owners for violations of subdivision (d) of section 1111-b.

Section 4 amends subdivision 1 of section 236 of the vehicle and traffic law to include Section 1111-b.

Section 5 amends subdivision 1 of section 236 of the vehicle and traffic law to authorize city parking violations bureaus to give jurisdiction over the liability of owners for violations of subdivision d of section 1111-b where authorized by local law.

Section 6 amends subdivision 10 of section 237 of the vehicle and traffic law to include section 1111-b.

Section 7 amends section 237 of the vehicle and traffic law by adding subdivision 10 to provide for the adjudication of liability of owners for violations of subdivision (d) of section 1111 if authorized by local law.

Section 8 amends paragraph f of subdivision 1 of Section 239 of the vehicle and traffic law to include 1111-b.

Section 9 amends paragraph 7 of subdivision 1 of section 239, "notice of violation," and shall not be deemed to include a notice of liability pursuant to authorization set forth in section 1111-b.

Section 10 adds new subdivision 5 to section 239 of the vehicle and traffic law, related to the liability of owners in accordance with section 1111-b.

Section 11 amends subdivision 1 of section 240 of the vehicle and traffic law to include section 1111-b.

Section 12 amends subdivision 1 of section 240 of the vehicle and traffic law to include a person alleged to be liable in accordance with section 1111-b.

Section 13 amends subdivision 1-a of section 240 of the vehicle and traffic law to include section 1111-b.

Section 14 amends subdivision 1-a of section 240 of the vehicle and traffic law to include contests to an allegation of liability in accordance with section 1111-b of this chapter. Section 15 amends paragraph a and g of subdivision 2 of section 240 of the vehicle and traffic law to include section 1111-b.

Section 16 amends paragraph a and g of subdivision 2 of section 240 of the vehicle and traffic law to include allegations of liability in accordance with section 1111-b.

Section 17 amends subdivisions 1 and 2 of section 241 of the vehicle and traffic law to include section 111-b.

Section 18 amends subdivisions 1 and 2 of section 241 of the vehicle and traffic law to include the record of liabilities occurred according to section 1111-b.

Section 19 amends paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law to detail the process of registration renewal.

Section 20 amends paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law to explain the penalties of summonses on registration renewal in light of the amended section 1111-b.

Section 21 amends the vehicle and traffic law by adding a new section, 1111-b; subdivision a relates to owner liability for failure of operator to comply with traffic control indications. The City of Buffalo is authorized to adopt a local law or ordinance establishing a program that imposed liability on the owner of a vehicle for failure of an operator to comply with traffic signals. This program empowers the City of Buffalo to install and operate traffic control signal photo-monitoring devices at intersections within the City of Buffalo.

Subdivision b states that for the purpose of this section the term municipality shall mean the City of Buffalo.

Subdivision c states that in any municipality that has adopted a local law pursuant to subdivision a, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section, and evidence is obtained from a traffic-control signal violation monitoring system.

Subdivision d provides the definition of owner and traffic-control signal violation monitoring system.

Subdivision e provides that a certificate, sworn to by a technician employed by the municipality shall be prima facie evidence of the facts and any photographs, or other recorded images evidencing such a violation shall be available for inspection.

Subdivision f provides that an owner liable for a violation of subdivision d shall be liable for monetary penalties in accordance with a schedule of fines and penalties set forth by local law. Liability shall not exceed fifty dollars for each violation.

Subdivision g states that an imposition of liability under a local law shall not be deemed a conviction and shall not be made part of the operating record of the person upon whom such liability is imposed.

Subdivision h, paragraph 1 states that a notice of liability shall be sent by first class mail to the person alleged to be liable. Paragraph 2 states that the notice shall contain the name and address of the person alleged to liable, the registration number of the vehicle, the location where the violation took place, and the date and time of the violation. Paragraph 3 states that the notice shall contain information advising the person charged of the manner and the time in which he may contest the liability alleged. Paragraph 4 states that the notice shall be prepared by the municipality having jurisdiction over the intersection where the violation occurred.

Subdivision i provides for the adjudication of the liability imposed by a traffic violations bureau, or by the court having jurisdiction over traffic infractions.

Subdivision j, paragraph 1 states that if an owner receives a notice of liability pursuant to this section for a time period during which the vehicle was reported as having been stolen, it shall be a valid defense. Paragraph 2 states that if an owner receives notice of liability it shall be a valid defense that the operator of the vehicle was compelled to yield right-of-way to an emergency vehicle.

Subdivision k, paragraph 1 provides an exception in cases of rental vehicles, provided the lessor provides a copy of the rental lease contract. Paragraph 2 states the lessor shall not be held liable.

Subdivision 1 states that if the owner liable for a violation of this section was not the operator of the vehicle the owner may maintain an action for indemnification against the operator.

Subdivision m states that nothing in this section shall be construed to limit the liability of an operator of any violation of subdivision d.

Section 22 amends subdivision 1 of section 1809 of the vehicle and traffic law to include section 1111-b.

Section 23 amends subdivision 1 of section 371 of the vehicle and traffic to include section 1111-b.

Section 24 amends section 371 of the vehicle and traffic law to include section 1111-b.

Section 25 amends subdivision 2 of section 87 of the public officers law to include section 1111-b.

Section 26 amends section 103 of the general municipal law to provide for the purchase or lease of equipment in the program established by section 111-b.

Section 27 states that this act shall take effect immediately.

Justification

Each year in New York State, hundreds of people are killed and tens of thousands are injured by motor vehicle accidents at intersections which are controlled by traffic lights. Drivers, passengers and pedestrians are victims of the increasing practice of motorists running red lights.

A demonstration in New York City to equip traffic signals with cameras triggered by a road bed sensor when violations occur has proven to decrease the incidence of running red lights. This legislation would enable the City of Buffalo to implement the same technology that would ultimately prevent further needless deaths.

Prior legislative history

A.5210 2001/2002; A.766B, S.7365 2003/2004; A.5651 2005-2006.

Fiscal implications for state government

None.

Effective date

Immediately.