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

Summary of specific provisions

The bill authorizes the City of Albany to adopt a local law or ordinance establishing a 5 year demonstration program to impose monetary liability on the owners of motor vehicles for an operator's failure to comply with traffic-control indications within Albany. The bill authorizes the city of Albany to install and operate traffic-control signal photo violation-monitoring devices at no more than twenty intersections within such City at anyone time.

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 unrecovered 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.

Justification

The City of Albany has a high rate of traffic accidents 15,057 traffic accidents were reported during a three month period each year from 2011-2014 Installing Red Light Cameras at intersections with a high traffic accident rate in the City of Albany will prevent accidents and save lives. The installation of Red Light Cameras would act as a deterrent for drivers from running red lights due to costs incurred if the driver is caught on camera. Placement of cameras throughout the city would result in safer streets for pedestrians, bicyclists and motorists.

Urban areas have a high percentage of residents whose primary mode of transportation is walking and it is important that these individuals be able to walk safely, however, that is often not the case. A 2013 report from the Governors Highway Safety Association indicated that New York State had the highest percentage of pedestrian traffic fatalities in the nation. In 2013, the National Highway Traffic Safety Administration indicated that 4,743 pedestrians were killed and an estimated 76,000 were injured in traffic crashes in the United States On average, a pedestrian was killed every 2 hours and injured every 7 minutes in traffic crashes The 4,743 pedestrian fatalities in 2012 represented an increase of 6 percent from 2011 and were the highest number of fatalities in the last five years.

Red Light Cameras have a strong track record of reducing traffic accidents by as much as 80% at intersections where they are installed creating a safer environment for all.

Prior legislative history

New bill.

Fiscal implications

None to state.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law and shall expire December 1, 2020.