Provides for traffic-control signal photo violation monitoring devices and owner liability for failure of operator to comply with traffic control indications in the city of Kingston

BILL NUMBER:S6652

Title of bill

An act to amend the vehicle and traffic law and the public officers law, in relation to owner liability for failure of operator to comply with traffic-control indications and providing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

To prevent the deaths and injuries caused by motorists running red lights, by allowing the City of Kingston to install photo violation-monitoring devices and create a liability structure for violators.

Summary of provisions

The bill authorizes the City of Kingston to adopt a local law or ordinance to establish a demonstration program allowing for the installation of up to 25 traffic light cameras, and imposing monetary liability on vehicle owners for an operator's failure to comply with traffic control signals.

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.

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.

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.

Authorizes a maximum $50 civil penalty for each violation and an additional penalty of 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. It also 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.

Finally, the bill requires the City of Kingston to submit an annual report on the demonstration program to the Governor and Legislature.

Justification

In 2011, the most recent year for which there are records, more than 3200 New Yorkers died in car crashes in non-New York City areas of New York. In Kingston in 2011, there were 4 people who died in fatal accidents. Dozens were injured. This legislation will allow the city

of Kingston to target the most dangerous intersections with the intent of reducing accidents and injuries. It is modeled after laws currently in place in several other cities within the state of New York.

Prior legislative history

New Bill.

Fiscal implications

Undetermined.

Effective date

This act shall take effect on the 30th day after it has become law.