Authorizes the county of Suffolk to establish a demonstration program to monitor compliance with traffic control indications

Title of bill

An act to amend the vehicle and traffic law, in relation to establishing a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic control indications in Suffolk county

Purpose/summary of 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 sets forth provisions for service of the notices of liability; requiring certain information to appear on such notice, including the manner and time for contesting the alleged liability, a warning that failure to contest is deemed an admission of liability and notice that a default judgment could be entered for such failure. Courts with jurisdiction over traffic infractions would adjudicate violations. No liability could be imposed against owners who did not give their consent to the operation of their vehicle, but there would be a statutory presumption that vehicles were operated with the owners' consent. 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 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.

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. 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.

Fiscal implications for state and local governments

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

Effective date

This act shall take effect immediately, provided that the amendments to section 1111-a of the Vehicle and Traffic Law shall not affect the repeal of such section and shall be deemed repealed therewith.