What's happening
This bill allows drivers in funeral processions or obeying police directions to contest red light camera violations by mail with proper proof.
Why it matters
Protects drivers from unfair penalties. by allowing those following police orders or participating in funeral processions to contest red light camera tickets, recognizing situations where stopping might not be possible or appropriate.
Establishes clear, accessible procedures. for contesting violations by mail, requiring only a simple letter from a police department or funeral home as proof, which lowers the burden on drivers and makes the process less intimidating.
Requires that ticket notices include instructions. for this new mail-in defense, ensuring that all recipients are informed of their rights and the proper method to present their case without having to appear in person.
Addresses community concerns. about the fairness of automated enforcement systems, especially in sensitive or exceptional circumstances, potentially increasing public trust in traffic law administration.
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Who cares
Headline styles
Red Light Camera Funeral Defense
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3989
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. NOLAN -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing a defense for those in funeral processions regarding red light cameras
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 3 of subdivision (g) of section 1111-a of the vehicle and traffic law, as added by chapter 746 of the laws of 1988, is amended and a new subdivision (o) is added to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (o) of this section.
(o) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 2. Paragraph 3 of subdivision (g) and subdivision (o) of section 1111-b of the vehicle and traffic law, as added by chapter 19 of the laws of 2009, are amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07039-02-7
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3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (o) of this section.
(o) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 3. Paragraph 3 of subdivision (g) and subdivision (n) of section 1111-b of the vehicle and traffic law, as added by chapter 20 of the laws of 2009, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (n) of this section.
(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 4. Paragraph 3 of subdivision (g) and subdivision (n) of section 1111-b of the vehicle and traffic law, as added by chapter 22 of the laws of 2009, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (n) of this section.
(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the
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alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 5. Paragraph 3 of subdivision (g) and subdivision (o) of section 1111-b of the vehicle and traffic law, as added by chapter 23 of the laws of 2009, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (o) of this section.
(o) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 6. Paragraph 3 of subdivision (g) and subdivision (n) of section 1111-d of the vehicle and traffic law, as added by chapter 99 of the laws of 2014, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (n) of this section.
(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 7. Paragraph 3 of subdivision (g) and subdivision (n) of section 1111-d of the vehicle and traffic law, as added by chapter 101 of the laws of 2014, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest
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the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (n) of this section.
(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 8. Paragraph 3 of subdivision (g) and subdivision (n) of section 1111-d of the vehicle and traffic law, as added by chapter 123 of the laws of 2014, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (n) of this section.
(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 9. Paragraph 3 of subdivision (g) and subdivision (n) of section 1111-e of the vehicle and traffic law, as added by chapter 222 of the laws of 2015, are amended to read as follows:
3. The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon as well as instructions on how to contest the fine by mail providing proof or proofs specified in subdivision (n) of this section.
(n) It shall be a defense to any prosecution for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation or that the vehicle was obeying the direction of a police or peace officer or was part of a funeral procession. The owner
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of the vehicle shall be able to contest the violation by mail sending one of the following proofs to the traffic violations bureau: a letter from the city's police department or local precinct, or in the case of a funeral procession, a letter from a funeral home, noting the time, date and location of the funeral procession.
§ 10. This act shall take effect immediately;
1. provided, however, the amendments to section 1111-a of the vehicle and traffic law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith;
2. provided, further, the amendments to section 1111-b of the vehicle and traffic law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith;
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