Relates to adjudications and owner liability for a violation of traffic-control signal indications

Title of bill

An act to amend the vehicle and traffic law and the public officers law, in relation to adjudications and owner liability for a violation of traffic-control signal indications and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

To reduce incidents of red light running in Suffolk County, thereby enhancing public safety

Summary of specific provisions

The bill authorizes Suffolk County to adopt a local law to implement a program to install photo violation monitoring devices at up to fifty intersections, and impose monetary liability of up to fifty dollars on the owners of vehicles failing to comply with traffic-control signals. The bill protects the due process rights of vehicle owners by setting forth provisions for service of notices of liability; the information required to appear on such notice, including the manner and time for contesting the alleged liability, and a warning that failure to contest is deemed an admission of liability and that a default judgment could be entered; and requiring that such notices of liability be adjudicated by the court having jurisdiction over traffic infractions. It also prevents liability from being imposed against owners who did not give their consent to the operation of their vehicle, and provides for a prescription that the vehicles were operated with the consent of the owner. It also establishes a defense that traffic control indications were malfunctioning at the time of the alleged violation.

The bill contains provisions under which lessors and rental companies would not be held liable for violations, authorizes vehicle owners to maintain actions for indemnification against operators, and requires the submission of an annual program report to the Legislature and governor. Finally, the bill would sunset the program on December 1, 2014.

Justification

Aggressive driving, including running red lights, is a significant reason for a reported increase in the percentage of fatalities occurring at intersections as noted by the Insurance Institute for Highway Safety. Red light running accidents are often the worst type of accident; they often involve speed and right-angle impacts, which can lead to the most severe injuries. In New York State, 30% of reported vehicular accidents in 1998 occurred at signalized intersections. Of those, 244 involved fatalities, which is just over 17% of all fatal accidents that occurred statewide that year. Of more than 18,000 pedestrian accidents occurring in the same period, 33% were at signalized intersections. Many cities in the united States already have operational photo enforcement for catching red light runners, including Beverly Hills, Los Angeles, Sacramento, San Diego, San Francisco, Boulder (Colorado), Baltimore, Charlotte, Alexandria and Arlington (Virginia), and Washington, D.C. Photo enforcement of red light violators has been found to be an effective enforcement tool in reducing red light running, and in making intersections safer.

Prior legislative history

Similar legislation, A.9871, Passed the Assembly in 2002. 2003-2004: A.116B3 - Passed Assembly 2005-2006: A.3345-A - Remained in Committee 2007-2008: A.1231 - Remained in Committee

Fiscal implications for state a1w local governments

Minimal cost to the State; equipment and operational costs for Suffolk County would be covered by fines imposed for violations.

Effective date

30 days after enactment, to expire and be deemed repealed on December 1, 2014.