Relates to owner liability for failure of operator to comply with traffic-control indications in the city of White Plains; and provides for the repeal of such provisions upon expiration thereof

Summary of specific provisions

The bill authorizes the City of White Plains 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 White Plains. The bill authorizes White Plains to install and operate traffic-control signal photo violation-monitoring devices at no more than twelve intersections within such City at any one 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's license as it would not be 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 National Highway Traffic Safety Administration (NHTSA) reports that in New York in 2011 alone, out of 1169 fatalities nearly 465 people died in intersection-related crashes.

HTTP://WWWRD.NHTSA.DOT.GOV/DEPARTMENTS/NRD-30/NCSA/ STSI/36Y/2011/36NY20114HTM

Engineering countermeasures can help to improve signal visibility and conspicuity and others, such as advanced warning flashers and signal ahead signs, can increase the likelihood of stopping. However, enforcement also is needed to counteract violations, whether intentional or unintentional. The authorization provided by this bill for a red light camera demonstration program within the City of White Plains will help the City to address red light violations. This, in turn, will improve the safety of all who travel through or across intersections in White Plains.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law and shall expire five years after it takes effect.