S T A T E   O F   N E W   Y O R K
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                                  6145

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of  A. CUSICK, HYER-SPENCER, TITONE -- read once and
  referred to the Committee on Transportation

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 MERIDIAN AND SEVEN O'CLOCK IN THE POST MERIDI-
AN,  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02611-01-9
              

A. 6145                             2

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 OF MOTOR VEHICLES OF THIS STATE OR ANY OTHER
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION; 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 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 OF  MOTOR
VEHICLES  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  REGULATION 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 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 ANY  RULE  OR
REGULATION  RELATING TO THE USE OF HIGH OCCUPANCY VEHICLES AND BUS LANES

A. 6145                             3

ADOPTED BY THE DEPARTMENT OF MOTOR VEHICLES 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 OF MOTOR VEHICLES 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
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.

A. 6145                             4

  (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 TEN AND DECEMBER
THIRTY-FIRST, TWO THOUSAND ELEVEN THE COMMISSIONER SHALL SUBMIT A  WRIT-
TEN  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 DEMONSTRATION 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.