Relates to owner liability for failure of operator to comply with traffic control indications in the city of Syracuse

The bill provides for the form of the evidence of liability and its availability for inspection in adjudicatory proceedings, requirements for the information to be contained in notices of liability ("NOLs") and the method for delivery to owners alleged to be liable. Requirements relating to the adjudication process are provided. The local law enacting such a demonstration program could provide for penalties of no more than fifty dollars for a violation and no more than twenty-five dollars for failure to respond. Additionally, the Department of Motor Vehicles is directed to deny an application for the issuance or renewal of motor vehicle registrations if the applicant has three or more NOLs and/or parking violations within an eighteen month period for which the applicant failed to appear or failed to comply with rules and regulations following entry of a final decision. The bill also contains provisions addressing owner liability with leased or rented motor vehicles.

Additionally, the bill requires the demonstration program to utilize necessary technologies to ensure that photographs produced by photo violation-monitoring systems not include images identifying a vehicle's driver, passengers or contents, to the extent practicable. Recorded images would not be subject to FOIL. NOLs are not deemed a conviction as an operator, therefore there would be no points on the owner's driver license as it would not made part of the driver's license operating record, nor used for motor vehicle insurance purposes. The bill provides defenses to an allegation of liability: there would be no liability if the vehicle was reported stolen and was not recovered prior to the time the violation occurred, or if the traffic control indications were malfunctioning at the time of the alleged violation. Demonstration program equipment is subject to the provisions of section 103 of the general municipal law. Finally, the City is required to submit an annual report to the Governor and Legislature on the results of the use of photo violation-monitoring systems.

Existing law

New York city is currently the only municipality authorized to have a demonstration program utilizing red light cameras.

Justification

In 1988 the New York State legislature enacted legislation that allowed New York city to establish a demonstration program to install photo monitoring devices to record vehicles going through red light signals at traffic intersections. "Red Light Camera Programs" have proven to be an effective traffic safety measure that prevent injuries and the loss of life due to accidents caused by red light running.

Since its inception in December of 1993, hundreds of thousands of vehicles, including buses and taxicabs, have been caught going through red lights by the traffic control monitoring devices in New York city. In calendar year 2005 alone, 306,117 violations or Notices of Liability ("NOLs") were issued to violators. A large number of traffic accidents resulting in bodily injury and death to motorists, passengers, pedestrians and bicyclists are due to the failure of motorists to obey traffic control signals located at intersections. "Right angle" and pedestrian accidents attributed to red light running are among the leading causes of traffic fatalities. By reducing the number of vehicles running red lights, the likelihood of "right angle" and pedestrian type accidents is reduced. The extended use of these devices has been shown to dramatically reduce the number of violations at the intersections being monitored.

Red Light Camera Programs have proven to be an effective traffic safety initiative whose success has been recognized by the State Legislature and the New York City Council in their repeated authorizations to extend the initial demonstration program. This legislation would authorize the city of Syracuse to establish such a demonstration program to further promote safety and decrease motor vehicle accidents.

Prior legislative history

None.

Local fiscal implications

This bill will increase revenue for the city of Syracuse through the placement of red light cameras at intersections throughout the city should a local law be adopted to establish such a program.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law and shall expire on December 1, 2014.