Authorizes the city of Mt. Vernon to install red-light violation cameras

BILL NUMBER:S5010

Title of bill

An act to amend the vehicle and traffic law, in relation to red light cameras in the city of Mt. Vernon

Purpose or general idea of bill

To prevent the deaths and injuries caused by motorists running red lights, by authorizing the City of Mt. Vernon to adopt a local law to implement a program to install photo violation-monitoring devices at up to twenty intersections.

Summary of specific provisions

The bill authorizes the City of Mt. Vernon to adopt a local law or ordinance to establish a demonstration program imposing monetary liability on vehicle owners for an operator's failure to comply with traffic-control signals at up to twenty intersections at any one time within and under the jurisdiction of the City of Mt. Vernon.

The bill requires the use of necessary technologies to ensure, to the extent practicable, that photographs produced by such violation-monitoring systems do not include images identifying the driver, passengers or contents of a vehicle.

The bill establishes requirements for due process, including provisions for the evidence of liability and its availability to defendants, requirements governing the content of notices of liability, or "NOLs", the method by which NOLs must be sent to vehicle owners, and providing for the adjudication of violations by either the traffic violations bureau, or by the court having jurisdiction over traffic infractions, or by an administrative tribunal if one has been authorized by the city to adjudicate complaints of traffic infractions.

The bill deems that NOLs would not be a conviction as an operator and thus would not be included on the owner's driver's license record, and prohibits the use of findings of liability for motor vehicle insurance purposes.

The bill authorizes the imposition of a maximum $50 civil penalty for each violation and an additionally penalty no more than $25 for each violation for the failure to respond to a NOL within the prescribed time period.

The bill also contains provisions for relief from liability for owners of leased or rented motor vehicles. Additionally, it provides as valid defenses that the vehicle was reported stolen and had not been recovered prior to the time the violation occurred, or that the traffic signal was malfunctioning at the time of the alleged violation.

The bill also contains a provision allowing owners found in violation of this section to maintain an action for indemnification against the operator of the vehicle at the time of the violation. Finally, the bill requires the City of Mt. Vernon to submit an annual report on the demonstration program to the Governor and Legislature.

Justification

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 New York City, Los Angeles, San Francisco, San Diego, Baltimore, and Washington D.C., resulting in safer intersections.

Most significantly, New York City has had a highly successful red light camera program. The data from the New York City Department of Transportation has demonstrated that the presence of red light cameras significantly alters the behavior of drivers and dramatically reduces the number of accidents at affected intersections. Traffic accidents at intersections are a major public safety issue in the City of Mt. Vernon and it is beyond doubt that a red light camera program would provide a significant improvement in traffic safety within the City.

Prior legislative history

New Bill

Fiscal implications

Undetermined.

Effective date

This act shall take effect immediately.