S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8500

                          I N  A S S E M B L Y

                            January 17, 2014
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  in  the town of Southampton a demonstration program to enforce maximum
  speed limits on County Road 39 in the county of Suffolk  by  means  of
  speed  limit  photo  devices;  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 1180-c to read as follows:
  S 1180-C. OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO  COMPLY  WITH
APPLICABLE  MAXIMUM  SPEED  LIMIT  IN THE TOWN OF SOUTHAMPTON, COUNTY OF
SUFFOLK. 1.  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  TOWN  OF
SOUTHAMPTON  IN THE COUNTY OF SUFFOLK IS HEREBY AUTHORIZED AND EMPOWERED
TO ESTABLISH A DEMONSTRATION PROGRAM ON COUNTY ROAD 39 IN THE COUNTY  OF
SUFFOLK  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE  MAXIMUM  SPEED
LIMIT  ON  SUCH  ROAD  IN SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION. SUCH TOWN, FOR PURPOSES  OF  THE  IMPLEMENTATION  OF  SUCH
PROGRAM,  SHALL  OPERATE SPEED LIMIT PHOTO DEVICES WITHIN THE TOWN AT NO
MORE THAN FIVE LOCATIONS AT  ANY  ONE  TIME  DURING  ANY  YEAR  OF  SUCH
PROGRAM.  SUCH SPEED LIMIT PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND
SHALL BE ACTIVATED AT LOCATIONS SELECTED BY SUCH TOWN. SUCH SPEED  LIMIT
PHOTO  DEVICES SHALL BE PLACED AT LOCATIONS BASED ON CRITERIA, INCLUDING
BUT NOT LIMITED TO WHETHER THE LOCATION IS WITHIN A QUARTER  MILE  OF  A
SCHOOL,  SPEEDING  DATA,  ACCIDENT  HISTORY, PROXIMITY TO FACILITIES FOR
SENIOR CITIZENS OR DISABLED  PERSONS,  ROADWAY  GEOMETRY  AND  EQUITABLE
GEOGRAPHIC DISTRIBUTION.
  2.  WHERE THE TOWN THAT HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION, THE OWNER OF A VEHICLE SHALL  BE
LIABLE  FOR  A  PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
WAS USED OR OPERATED WITH  THE  PERMISSION  OF  THE  OWNER,  EXPRESS  OR
IMPLIED,  IN  VIOLATION  OF  SUBDIVISION  (C)  OR  (D) OF SECTION ELEVEN

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

                                                           LBD11703-01-3

A. 8500                             2

HUNDRED EIGHTY OF THIS ARTICLE,  AND  SUCH  VIOLATION  IS  EVIDENCED  BY
INFORMATION  OBTAINED  FROM A SPEED LIMIT PHOTO DEVICE; PROVIDED HOWEVER
THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED  PURSU-
ANT  TO  THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
SPEED  LIMIT  PHOTO  DEVICES  SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS OR THE CONTENTS OF THE VEHICLE, PROVIDED,  HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
TIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE,
PROVIDED  THAT  THE TOWN HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION.
  4. SUCH DEMONSTRATION PROGRAM SHALL INCLUDE A PROHIBITION ON  THE  USE
OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFOR-
MATION AND IMAGES CAPTURED BY SPEED CAMERAS EXCEPT AS REQUIRED TO ESTAB-
LISH  LIABILITY  UNDER  THIS  SECTION  OR  COLLECT PAYMENT OF PENALTIES;
EXCEPT AS REQUIRED TO RESPOND TO A REQUEST BY LAW ENFORCEMENT  OFFICIALS
PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMI-
NAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY LAW.
  5.  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER"  SHALL HAVE THE MEANING
PROVIDED IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER.  FOR
PURPOSES  OF  THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL MEAN EQUIP-
MENT THAT TAKES A FILM OR DIGITAL CAMERA-BASED  PHOTOGRAPH,  MICROPHOTO-
GRAPH,  VIDEO,  OR OTHER RECORDED IMAGE WHICH IS LINKED WITH A VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
AT THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION
(C)  OR  (D)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR THE
PURPOSES OF THIS SECTION "TOWN" SHALL MEAN THE TOWN OF SOUTHAMPTON.
  6. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRAC-
TOR, OR A FACSIMILE  THEREOF,  BASED  UPON  INSPECTION  OF  PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, 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 PURSUANT
TO THIS SECTION.
  7. AN OWNER LIABLE FOR A  VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR MONE-
TARY PENALTIES IN ACCORDANCE WITH A  SCHEDULE  OF  FINES  AND  PENALTIES
PROMULGATED  BY  THE PARKING VIOLATIONS BUREAU OF SUCH COUNTY; PROVIDED,
HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED IN  EXCESS  OF
THE  MAXIMUM  SPEED  LIMIT  BY  TEN OR MORE MILES PER HOUR AND LESS THAN
THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND  THE  MONETARY
PENALTY  FOR  DRIVING  IN EXCESS OF THE MAXIMUM SPEED LIMIT BY THIRTY OR
MORE MILES PER HOUR SHALL NOT  EXCEED  ONE  HUNDRED  DOLLARS;  PROVIDED,
FURTHER,  THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO
EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND
TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  8. AN IMPOSITION OF LIABILITY PURSUANT TO 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

A. 8500                             3

SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
  9.  (A)  A  NOTICE  OF  LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE  AS  AN
OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (C)  OR (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
ORDINARY  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 SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE  REGIS-
TRATION  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 SPEED LIMIT PHOTO DEVICE 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  PERSON  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.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY THE TOWN.
  10. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH SUCH 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 SUBDIVI-
SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  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 AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF  SAID
TOWN.
  11.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION NINE OF THIS SECTION  SHALL
NOT  BE  LIABLE  FOR  THE VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  THE  TOWN  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
  (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE TOWN  OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  COURT  THE  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 SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A)  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

A. 8500                             4

OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION NINE OF THIS SECTION.
  12.  IF  THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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.
  13. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  14. WHERE THE TOWN ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION, THE TOWN SHALL SUBMIT A REPORT ON THE  RESULTS
OF  THE  USE OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL  FIRST,
TWO THOUSAND TWENTY.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF  THE LOCATIONS WHERE SPEED LIMIT PHOTO DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND 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 BY SUCH COUNTY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 2. 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.