Extends provisions of law relating to adjudications and owner liability for a violation of traffic-control signal indications in Nassau county

Summary of specific provisions

This bill authorizes Nassau County 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 fifty intersections at any one time within and under the jurisdiction of Nassau County. Such demonstration program would be for a period of five years.

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 in the court having jurisdiction over traffic infractions. The Nassau County Traffic and Parking Violations Agency is authorized to assist the Nassau County District Court. in the disposition and administration of the liability of owners for such violations.

It authorizes the imposition of a maximum $50 civil penalty for a violation and no more than $25 for failure to respond. It also directs the Commissioner of Motor Vehicles to deny an application for an original or renewal registration if he/she has certification that the applicant failed to appear or comply with rules and regulations following entry of a final decision for three or more NOLs and/or parking violations within 18 months. The bill also contains provisions for relief from liability for owners of leased or rented motor vehicles.

Demonstration program equipment is subject to section 103 of the general municipal law, and 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, and are exempt from FOIL recorded images.

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. 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. Finally, it requires the County to submit an annual report on the demonstration program to the Governor and Legislature.

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. In New York State 30% of reported vehicular accidents in 1998 occurred at signalized intersections. Of those, 244 involved fatalities. Of more than 18,000 pedestrian accidents occurring in the same period, 33% were at signalized intersections.

Many cities in the United Stated 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. Since January 2006 scofflaw enforcement has increased by one hundred fifty-eight percent. 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 Nassau County and it is beyond doubt that red light camera program would provide a significant improvement in traffic safety within the County. The Nassau County Traffic Safety Board reports that three of New York's deadliest roads are Hempstead Turnpike, Old Country Road and Sunrise Highway.

Prior legislative history

Similar legislation: 2007-08: A7181-A, A7329

Fiscal implications

Undetermined

Effective date

Immediately.