S T A T E   O F   N E W   Y O R K
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                                 512--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. CUSICK, TITONE -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law, in  relation  to  a  demon-
  stration  program  relating  to  the  installation of roadside and bus
  mounted high occupancy vehicle and bus lane enforcement cameras on the
  Staten Island  Expressway;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 223-a to read as follows:
  S 223-A. HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT CAMERA DEMON-
STRATION  PROGRAM.  1.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
COMMISSIONER IS HEREBY AUTHORIZED AND EMPOWERED TO  ESTABLISH  A  DEMON-
STRATION  PROGRAM,  ON  THE  STATEN ISLAND EXPRESSWAY, IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE, BETWEEN  THE  HOURS  OF
SEVEN  O'CLOCK  IN THE ANTE MERIDIEM AND SEVEN O'CLOCK IN THE POST MERI-
DIEM, OF AN OPERATOR THEREOF TO COMPLY WITH  APPLICABLE  HIGH  OCCUPANCY
VEHICLE  AND  BUS  LANE PRIORITY LAWS. THE DEPARTMENT OF TRANSPORTATION,
FOR PURPOSES OF IMPLEMENTATION OF SUCH PROGRAM, SHALL BE  AUTHORIZED  TO
INSTALL  AND  OPERATE  ROADSIDE  AND  BUS  MOUNTED  BUS LANE ENFORCEMENT
CAMERAS ON NO MORE THAN ONE HUNDRED BUSES OR ROADSIDE LOCATIONS OPERATED
BY THE DEPARTMENT.
  2. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS SECTION IF SUCH  VEHICLE  WAS  USED  OR  OPERATED  WITH  THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY RULE OR
REGULATION RELATING TO USE OF A HIGH OCCUPANCY VEHICLE AND BUS LANE, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00815-03-4

A. 512--A                           2

SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A HIGH OCCUPAN-
CY  VEHICLE  AND  BUS  LANE ENFORCEMENT CAMERA; PROVIDED HOWEVER THAT NO
OWNER OF A VEHICLE SHALL BE LIABLE FOR A  PENALTY  IMPOSED  PURSUANT  TO
THIS  SECTION  WHERE  THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF
THE UNDERLYING VIOLATION OF  ANY  RULE  OR  REGULATION  ADOPTED  BY  THE
DEPARTMENT OF TRANSPORTATION OR THE COMMISSIONER.
  3. FOR PURPOSES OF THIS SECTION, "OWNER" SHALL MEAN ANY PERSON, CORPO-
RATION,  PARTNERSHIP, FIRM, AGENCY, ASSOCIATION, LESSOR, OR ORGANIZATION
WHO AT THE TIME OF THE ISSUANCE OF A NOTICE  OF  VIOLATION  IN  WHICH  A
VEHICLE IS OPERATED:
  (A) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
  (B) HAS TITLE TO SUCH VEHICLE; OR
  (C) IS THE REGISTRANT OR CO-REGISTRANT OF SUCH VEHICLE WHICH IS REGIS-
TERED  WITH  THE  DEPARTMENT  OR THE DEPARTMENT OF MOTOR VEHICLES OF ANY
OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION  OR  OTHER  JURISDIC-
TION; OR
  (D)  USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS;
OR
  (E) IS AN OWNER OF SUCH VEHICLE AS  DEFINED  BY  SECTION  ONE  HUNDRED
TWENTY-EIGHT  OF  THIS CHAPTER OR A DEALER OF SUCH VEHICLE AS DEFINED BY
SUBDIVISION (A) OF SECTION TWENTY-ONE HUNDRED ONE OF THIS CHAPTER.
  4. FOR PURPOSES OF THIS SECTION, "HIGH OCCUPANCY VEHICLE AND BUS  LANE
ENFORCEMENT CAMERA" SHALL MEAN A DEVICE INSTALLED ON A BUS OR A ROADSIDE
LOCATION  WHICH  AUTOMATICALLY  PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR
MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR  OTHER  RECORDED  IMAGES  OF  EACH
VEHICLE  AT  THE TIME IT IS USED OR OPERATED IN VIOLATION OF ANY RULE OR
REGULATION RELATING TO USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES.
  5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
DEPARTMENT  OF  TRANSPORTATION,  OR  A  FACSIMILE  THEREOF,  BASED  UPON
INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES  PRODUCED  BY  A  HIGH OCCUPANCY VEHICLE AND BUS LANE ENFORCEMENT
CAMERA, SHALL BE PRIMA FACIE EVIDENCE OF THE  FACTS  CONTAINED  THEREIN.
ANY  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE  FOR  INSPECTION  IN  ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION IMPOSED PURSU-
ANT TO THIS SECTION.
  6.  AN OWNER LIABLE FOR A VIOLATION OF ANY RULE OR REGULATION RELATING
TO THE USE OF HIGH OCCUPANCY  VEHICLE  AND  BUS  LANES  ADOPTED  BY  THE
DEPARTMENT  OF  TRANSPORTATION  OR  THE COMMISSIONER SHALL BE LIABLE FOR
MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND  PENALTIES
TO  BE  PROMULGATED  BY  THE  COMMISSIONER.   THE LIABILITY OF THE OWNER
PURSUANT TO THIS SECTION SHALL NOT EXCEED THE ESTABLISHED FINE FOR  EACH
VIOLATION;  PROVIDED HOWEVER THAT AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS SHALL BE IMPOSED FOR EACH VIOLATION FOR THE  FAILURE
TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  7. AN IMPOSITION OF LIABILITY UNDER THIS SECTION SHALL NOT BE DEEMED A
CONVICTION  AS  AN  OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE
USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE  INSURANCE
COVERAGE.
  8.  (A)  A  NOTICE OF LIABILITY SHALL BE SENT BY THE DEPARTMENT WITHIN
FIFTEEN DAYS OF THE ALLEGED VIOLATION BY FIRST CLASS MAIL TO EACH PERSON
ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY  RULE  OR  REGU-
LATION  RELATING  TO  THE  USE  OF HIGH OCCUPANCY VEHICLES AND BUS LANES
PURSUANT TO THIS SECTION. PERSONAL SERVICE ON THE  OWNER  SHALL  NOT  BE
REQUIRED.  A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-

A. 512--A                           3

NARY COURSE OF BUSINESS SHALL BE  PRIMA  FACIE  EVIDENCE  OF  THE  FACTS
CONTAINED THEREIN.
  (B)  A  NOTICE  OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF ANY  RULE  OR
REGULATION  RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES
ADOPTED BY THE DEPARTMENT PURSUANT TO  THIS  SECTION,  THE  REGISTRATION
NUMBER  OF  THE  VEHICLE  INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE
SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION  AND  THE
IDENTIFICATION  NUMBER  OF  THE  CAMERA  WHICH RECORDED THE VIOLATION OR
OTHER DOCUMENT LOCATOR NUMBER.
  (C) 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  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  (D)  THE  NOTICE  OF  LIABILITY  SHALL  BE  PREPARED AND MAILED BY THE
DEPARTMENT OR ITS DESIGNEE.
  9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE  POLICE
DEPARTMENT  AS  HAVING  BEEN  STOLEN,  IT SHALL BE A VALID DEFENSE TO AN
ALLEGATION OF LIABILITY FOR A VIOLATION OF ANY RULE OR REGULATION RELAT-
ING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO THIS
SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH
TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL, RETURN RECEIPT REQUESTED, TO
THE DEPARTMENT OF MOTOR VEHICLES OR ITS DESIGNEE.
  10.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF ANY RULE OR REGULATION
RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE  AT  THE  TIME  OF  THE
VIOLATION,  THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
  11. AN OWNER OF A VEHICLE TO WHICH A NOTICE OF  LIABILITY  WAS  ISSUED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL NOT BE LIABLE IF THE
MOTORIST  DRIVING  OR  STOPPING IN A HIGH OCCUPANCY VEHICLE AND BUS LANE
WHILE:
  (A) YIELDING   RIGHT OF WAY TO AN  EMERGENCY  VEHICLE  WITH  ACTIVATED
WARNING LIGHTS OR SIREN,
  (B) AT THE DIRECTION OF LAW ENFORCEMENT OR EMERGENCY SERVICE OFFICIALS
OR OTHER GOVERNMENT OFFICIALS AUTHORIZED TO STOP OR DIRECT TRAFFIC, OR
  (C) WHEN AVOIDING ROAD OBSTRUCTIONS OR CONSTRUCTION OR OTHER HAZARDS.
  12. AN APPEAL OF AN ADJUDICATION OF LIABILITY PURSUANT TO THIS SECTION
MAY  BE  TAKEN  IN ACCORDANCE WITH THE APPLICABLE PROVISIONS RELATING TO
ADJUDICATION OF TRAFFIC INFRACTIONS IN SUCH CITY.
  13. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE TO  WHICH  A  NOTICE  OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION SHALL
NOT  BE  LIABLE  FOR THE VIOLATION OF ANY RULE OR REGULATION RELATING TO
THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES:
  (I) IF PRIOR TO THE VIOLATION THE LESSOR HAS FILED WITH THE BUREAU AND
PAID THE REQUIRED FILING  FEE  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
SECTION TWO HUNDRED THIRTY-NINE OF THIS TITLE; AND
  (II)  WITHIN  THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE OF THE DATE AND
TIME OF A LIABILITY, TOGETHER WITH THE OTHER  INFORMATION  CONTAINED  IN
THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE BUREAU THE

A. 512--A                           4

CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN  THE
NOTICE  OF  LIABILITY  AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH
OTHER ADDITIONAL INFORMATION CONTAINED IN  THE  RENTAL  LEASE  OR  OTHER
CONTRACT  DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU PURSUANT
TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH THE PROVISIONS OF  THIS  SUBDIVISION  SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO  BE  THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT  TO  THIS  SECTION  AND
SHALL  BE  SENT  A  NOTICE OF LIABILITY PURSUANT TO SUBDIVISION EIGHT OF
THIS SECTION.
  14. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF AN OPERATOR OF A VEHICLE  FOR ANY VIOLATION OF ANY RULE OR REGULATION
PURSUANT TO THIS SECTION.
  15.  ON  OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO THOUSAND FIFTEEN AND
DECEMBER THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN  THE  COMMISSIONER  SHALL
SUBMIT  A  WRITTEN  REPORT  ON  THE DEMONSTRATION PROJECT IMPLEMENTATION
PURSUANT TO THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE  RESULTS  OF  SAID  DEMON-
STRATION PROGRAM.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF THE LOCATIONS WHERE HIGH OCCUPANCY VEHICLE AND
BUS LANE ENFORCEMENT CAMERAS WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED IN THE  AGGREGATE  ON  A  DAILY,
WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D)  THE  NUMBER  OF  FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
  (E) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF  SUCH  ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED; AND
  (G) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall expire and be deemed repealed three
years  after such effective date; provided that any rules or regulations
necessary for the timely implementation of this act are authorized to be
made on or before such effective date.