What's happening
This bill authorizes Westchester County to use red light cameras and establishes a county traffic and parking violations agency.
Why it matters
Enhanced Traffic Safety and Enforcement. By allowing Westchester County to deploy up to 100 red light cameras, the bill aims to deter red-light running, which could reduce dangerous intersections crashes and pedestrian injuries. The cameras operate even when police cannot be present, creating more consistent enforcement.
Owner Liability and Due Process. The legislation imposes liability on vehicle owners (not just drivers) for red light violations detected by cameras, but includes defenses such as proving the car was stolen or driven without consent. There are also clear procedures for contesting tickets, protecting the due process rights of vehicle owners.
Establishment of a County-wide Traffic Agency. Creating the Westchester County Traffic and Parking Violations Agency centralizes the processing of traffic and parking infractions. This could streamline case handling, improve administrative efficiency, and potentially free up local courts for more serious offenses, while also standardizing fines and procedures across the county.
Data Privacy and Oversight. The bill requires that red light camera images avoid capturing identifying features of drivers and passengers “to the extent practicable,” addressing privacy concerns. It also mandates annual public reporting on the program’s safety outcomes, finances, and adjudication process, fostering transparency and accountability.
Revenue and Funding Implications. The bill specifies how fine revenue is collected and distributed, including a new $10 surcharge for traffic agency services. While not the primary stated purpose, these funds could support county operations and traffic safety initiatives, potentially impacting budgets and resource allocation.
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Who cares
Headline styles
Westchester Traffic Agency, Red Light Cameras
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Westchester Red Light Camera Program
In Assembly Committee · Transportation · Sponsor J. Gary Pretlow
Full text
25 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8976
IN SENATE
June 8, 2018
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, the public officers law, the general municipal law, the state finance law, and the judiciary law, in relation to establishing the adjudication process and owner liability for failure of an operator to comply with traffic-control indications and establishing a traffic and parking violations agency in the county of Westchester; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of chapter 222 of the laws of 2015, is amended to read as follows:
(i) If at the time of application for a registration or renewal thereof there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a, section eleven hundred eleven-b or section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16249-01-8
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section[,]; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter[,]; or (v) the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (vii) the registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.
§ 1-a. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8-a of chapter 222 of the laws of 2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section; or (iv) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter or (v) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (v) the registrant was
S. 8976 3
liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (vii) the registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.
§ 1-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8-b of chapter 222 of the laws of 2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section; or (iii) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, or the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (v) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (vi) the registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision
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(d) of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision.
§ 1-c. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8-c of chapter 222 of the laws of 2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, or the registrant was liable in accordance with section eleven hundred eighty-c of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (iv) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (v) the registrant was liable in accordance with section eleven hundred eleven-f of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal
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Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, the public officers law, the general municipal law, the state finance law, and the judiciary law, in relation to establishing the adjudication process and owner liability for failure of an operator to comply with traffic-control indications and establishing a traffic and parking violations agency in the county of Westchester; and providing for the repeal of such provisions upon expiration thereof
Purpose of the bill
This bill would establish traffic and parking violations agency in the County of Westchester
Justification
Red light runners pose a threat to the safety of other vehicles and pedestrians, cameras are a surefire way of nabbing and preventing acci- dents. There has been an increase in drag racing and accidents in the county of Westchester; Public Safety is a top priority and prevented measures are the only way to eliminate this.
Read the full memo (1,391 words)
Prior legislative history
New Legislation
Fiscal implications
To be determined
Effective date
Westchester county district court and the Westchester county district attorney. § 16. This act shall take effect on the thirtieth day after it shall have become a law and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that any rules necessary for the implementation of this act on its effective date shall be promulgated on or before such effective date, provided that:(a) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-a of this act shall take effect; (b) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-b of this act shall take effect; (c) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-c of this act shall take effect;(d) the amendments to para- graph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-d of this act shall take effect; 06/08/18 47 16249-01-8 (e) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one-d of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-e of this act shall take effect; (f) the amendments to para- graph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one-e of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-f of this act shall take effect; (f-1) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section one-f of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section one-g of this act shall take effect; (g) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section three-a of this act shall take effect; (h) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire there with when upon such date the provisions of section three-b of this act shall take effect; (i) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three-b of this act shall not affect the 28 expiration of such subdivision and shall be deemed to expire therewith, 06/08/18 48 16249- 01-8 when upon such date the provisions of section three-c of this act shall take effect; (j) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three-c of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section three-d of this act shall take effect; (k) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three-d of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section three-e of this act shall take effect; (1) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three-e of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section three-f of this act shall take effect; (m) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section three-f of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section three-g of this act shall take effect; (n) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section four of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-a of this act shall take effect; 06/08/18 49 16249-01-8 (o) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section four-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-b of this act shall take effect;(p) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section four-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-c of this act shall take effect;(q) the amendments to para- graph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section four-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-d of this act shall take effect; (r) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section four-d of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-e of this act shall take effect; (s) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section four-e of this act shall not affect the expiration of such para- graph and shall be deemed to expire therewith, when upon such date the provisions of section four-f of this act shall take effect; and (t) the amendments to subdivision 3 of section 99-a of the state finance law made by section ten of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when 06/08/18 50 16249-01-8 upon such date the provisions of section eleven of this act shall take effect.
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