Bill Text: NY A01604 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to owner liability for failure of operator to move over when approaching a police, fire, or emergency vehicle.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-01-03 - referred to transportation [A01604 Detail]
Download: New_York-2023-A01604-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1604 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. GUNTHER, BUTTENSCHON -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to owner liability for failure of operator to move over when approaching a police, fire, or emergency vehicle The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1144-b to read as follows: 3 § 1144-b. Owner liability for failure of operator to move over when 4 approaching a parked, stopped or standing authorized police, fire or 5 emergency vehicle. (a) 1. Notwithstanding any other provision of law, 6 the superintendent of the state police is hereby authorized to establish 7 a demonstration program imposing monetary liability on the owner of a 8 vehicle for failure of an operator thereof to comply with subdivision 9 (a) of section eleven hundred forty-four-a of this article when 10 approaching a state police vehicle equipped with a move over safety 11 monitoring system and operated in accordance with the provisions of this 12 section. Such demonstration program shall empower the superintendent of 13 the state police to install and operate a move over monitoring system on 14 any state police vehicle authorized by the superintendent. 15 2. Notwithstanding any other provision of law, a county, city, town or 16 village is hereby authorized to establish a demonstration program impos- 17 ing monetary liability on the owner of a vehicle for failure of an oper- 18 ator thereof to comply with subdivision (a) of section eleven hundred 19 forty-four-a of this article when approaching any police, fire or emer- 20 gency vehicle equipped with a move over safety monitoring system and 21 operated in accordance with the provisions of this section. Such demon- 22 stration program shall empower such county, city, town or village to 23 install and operate a move over safety monitoring system on any police 24 vehicle, fire vehicle or emergency ambulance service vehicle, as defined EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01161-01-3A. 1604 2 1 in this chapter that has been authorized by the county, city, town or 2 village. 3 3. Each move over safety monitoring system shall undergo an annual 4 calibration check performed by an independent calibration laboratory 5 which shall issue a signed certificate of calibration. The superinten- 6 dent of the state police or authorizing municipality shall keep such 7 annual certificate of calibration on file until the final resolution of 8 all cases involving a notice of liability issued during such year which 9 were based on photographs, microphotographs, videotape or other recorded 10 images produced by such move over monitoring system. 11 4. (i) Such demonstration program shall utilize necessary technologies 12 to ensure, to the extent practicable, that photographs, microphoto- 13 graphs, videotape or other recorded images produced by such move over 14 safety monitoring system shall not include images that identify the 15 driver, passenger, or the other contents of the vehicle. Provided, 16 however, that no notice of liability issued pursuant to this section 17 shall be dismissed solely because such photograph, microphotograph, 18 videotape or other recorded image allows for identification of the driv- 19 er, the passenger, or the contents of the vehicle where the superinten- 20 dent of the state police or the authorized municipality shows that 21 reasonable efforts were made to comply with the provisions of this para- 22 graph in such case. 23 (ii) Photographs, microphotographs, videotape or other recorded images 24 from a move over monitoring system shall be for the exclusive use of the 25 superintendent of the state police or authorized municipality for the 26 purpose of the adjudication of liability imposed pursuant to this 27 section and of the owner receiving a notice of liability pursuant to 28 this section, and shall be destroyed by the superintendent of the state 29 police or authorized municipality upon final resolution of the notice of 30 liability to which such photographs, microphotographs, videotape or 31 other recorded images relate, or one year following the date of issuance 32 of such notice of liability, whichever is later. Notwithstanding the 33 provisions of any other law, rule or regulation to the contrary, photo- 34 graphs, microphotographs, videotape or any other recorded image from a 35 move over monitoring system shall not be open to the public nor subject 36 to civil or criminal process or discovery, nor used by any court or 37 administrative or adjudicatory body in any action or proceeding therein 38 except that which is necessary for the adjudication of a notice of 39 liability issued pursuant to this section, and no public entity or 40 employee, officer or agent thereof shall disclose such information, 41 except that such photographs, microphotographs, videotape or any other 42 recorded images from such system: 43 (A) shall be available for inspection and copying and use by the motor 44 vehicle owner and operator for so long as such photographs, microphoto- 45 graphs, videotape or other recorded images are required to be maintained 46 or are maintained by such public entity, employee, officer or agent; and 47 (B) (1) shall be furnished when described in a search warrant issued 48 by a court authorized to issue such a search warrant pursuant to article 49 six hundred ninety of the criminal procedure law or a federal court 50 authorized to issue such search warrant under federal law, where such 51 search warrant states that there is reasonable cause to believe such 52 information constitutes evidence of, or tends to demonstrate that, a 53 misdemeanor or felony offense was committed in this state or another 54 state, or that a particular person participated in the commission of a 55 misdemeanor or felony offense in this state or another state, provided, 56 however, that if such offense was against the laws of another state, theA. 1604 3 1 court shall only issue a warrant if the conduct comprising such offense 2 would, if occurring in this state, constitute a misdemeanor or felony 3 against the laws of this state; 4 (2) shall be furnished in response to a subpoena duces tecum signed by 5 a judge of competent jurisdiction and issued pursuant to article six 6 hundred ten of the criminal procedure law or a judge or magistrate of a 7 federal court authorized to issue such a subpoena duces tecum under 8 federal law, where the judge finds and the subpoena states that there is 9 reasonable cause to believe such information is relevant and material to 10 the prosecution, or the defense, or the investigation by an authorized 11 law enforcement official, of the alleged commission of a misdemeanor or 12 felony in this state or another state, provided, however, that if such 13 offense was against the laws of another state, such judge or magistrate 14 shall only issue such subpoena if the conduct comprising such offense 15 would, if occurring in this state, constitute a misdemeanor or felony in 16 this state; and 17 (3) may, if lawfully obtained pursuant to this clause and clause (A) 18 of this subparagraph and otherwise admissible, be used in such criminal 19 action or proceeding. 20 (b) If the superintendent of the state police or authorized munici- 21 pality establishes a demonstration program pursuant to subdivision (a) 22 of this section, the owner of a vehicle shall be liable for a penalty 23 imposed pursuant to subdivision (e) of this section if such vehicle was 24 used or operated with the permission of the owner, express or implied, 25 in violation of subdivision (a) of section eleven hundred forty-four-a 26 of this article or such vehicle was unable to move over as required by 27 section eleven hundred forty-four-a of this article and traveling at a 28 speed of more than five miles per hour above the posted speed limit when 29 passing an authorized state police, police, fire or emergency ambulance 30 service vehicle and such violation is evidenced by information obtained 31 from a move over monitoring system; provided however that no owner of a 32 vehicle shall be liable for a penalty imposed pursuant to subdivision 33 (e) of this section where the operator of such vehicle has been 34 convicted of the underlying violation of subdivision (b), (c), (d), (f), 35 or (g) of section eleven hundred eighty of this title. 36 (c) For purposes of this section, the following terms shall have the 37 following meanings: 38 1. "Move over safety monitoring system" shall mean a recording device 39 placed on any authorized vehicle, pursuant to paragraphs one and two of 40 subdivision (a) of this section, that is designed to capture a recorded 41 video or images of a motor vehicle committing a violation, under subdi- 42 vision (a) of section eleven hundred forty-four-a of this article, using 43 (i) video or another visual recording; (ii) certified radar, lidar, or 44 another speed measuring device; or (iii) a computer or recording system. 45 2. "Owner" shall have the meaning as defined in article two-B of this 46 chapter. 47 3. "Recorded image" shall mean images recorded by a move over safety 48 monitoring system on (i) one or more photographs; (ii) one or more 49 microphotographs; (iii) one or more electronic images; (iv) video; or 50 (v) any other medium; and such recorded images show a motor vehicle and, 51 on at least one image or portion of tape, clearly identify the registra- 52 tion plate number of the motor vehicle. 53 4. "Authorized municipality" shall mean a county, city, town or 54 village which has established a demonstration program pursuant to the 55 provisions of paragraphs one and two of subdivision (a) of this section.A. 1604 4 1 5. "Authorized vehicle" shall mean any state police vehicle authorized 2 by the superintendent to operate a move over monitoring system or any 3 police, fire or emergency ambulance vehicle authorized by a county, 4 city, town or village to operate a move over monitoring system. 5 (d) 1. A certificate, sworn to or affirmed by a technician employed by 6 the division of state police or the local law enforcement agency of an 7 authorized municipality, or a facsimile thereof, based upon inspection 8 of photographs, microphotographs, videotapes or other recorded images 9 produced by a move over monitoring system, shall be prima facie evidence 10 of the facts contained therein. Any photographs, microphotographs, vide- 11 otape or other recorded images evidencing such violation shall include: 12 (i) an image of at least one of the motor vehicle's registration 13 plates; 14 (ii) images containing the stamped date and time and location at which 15 the violation occurred; and 16 (iii) the speed at which the vehicle was traveling and the distance of 17 the vehicle from the authorized vehicle. 18 2. Such recorded images shall be available for inspection reasonably 19 in advance of and at any proceeding to adjudicate the liability for such 20 violation pursuant to this section. 21 (e) An owner liable for a violation of section eleven hundred forty- 22 four-a of this article pursuant to a demonstration program established 23 pursuant to this section shall be liable for monetary penalties in 24 accordance with a schedule of fines and penalties to be set forth in 25 such local law or ordinance, except that if a city by local law has 26 authorized the adjudication of such owner liability by a parking 27 violations bureau, such schedule shall be promulgated by such bureau. 28 The liability of the owner pursuant to this section shall be one hundred 29 fifty dollars for each violation; provided however, that such local law 30 or ordinance may provide for an additional penalty not in excess of 31 twenty-five dollars for each violation for the failure to respond to 32 notice of liability within the prescribed time period. 33 (f) An imposition of liability under the demonstration program estab- 34 lished pursuant to this section shall not be deemed a conviction as an 35 operator and shall not be made part of the operating record of the 36 person whom such liability is imposed nor shall it be used for insurance 37 purposes in the provision of motor vehicle coverage. 38 (g) 1. A notice of liability shall be sent by first class mail to each 39 person alleged to be liable as an owner for a violation of section elev- 40 en hundred forty-four-a of this article pursuant to this section, within 41 fourteen business days if such owner is a resident of this state and 42 within forty-five business days if such owner is a non-resident. 43 Personal delivery on the owner shall not be required. A manual or auto- 44 matic record of mailing prepared in the ordinary course of business 45 shall be prima facie evidence of the facts contained therein. 46 2. A notice of liability shall contain the name and address of the 47 person alleged to be liable as an owner for violation of section eleven 48 hundred forty-four-a of this article pursuant to this section, the 49 registration number of the vehicle involved in such violation, the 50 location where such violation took place, the date and time of such 51 violation, the identification number of the camera which recorded the 52 violation or other document locator number, images containing the 53 stamped date and time and location at which the violation occurred, and 54 the speed at which the vehicle was traveling and the distance of the 55 vehicle from the authorized vehicle.A. 1604 5 1 3. The notice of liability shall contain information advising the 2 person charged of the manner and the time in which he or she may contest 3 the liability alleged in the notice. Such notice of liability shall also 4 contain a prominent warning to advise the person charged that failure to 5 contest in the manner and time provided shall be deemed an admission of 6 liability and that default judgment may be entered thereon. 7 4. The notice of liability shall be prepared and mailed by the divi- 8 sion of the state police or authorized municipality, or by any other 9 entity authorized by the superintendent of state police or authorized 10 municipality to prepare and mail such notice of liability. 11 (h) Adjudication of the liability imposed upon owners by this section 12 shall be by a traffic violations bureau established pursuant to section 13 three hundred seventy of the general municipal law where the violation 14 occurred or, if there be none, by the court having jurisdiction over 15 traffic infractions where the violation occurred, except that if a city 16 has established an administrative tribunal to hear and determine 17 complaints of traffic infractions constituting parking, standing, or 18 stopping violations such city may, by local law, authorize such adjudi- 19 cation by such tribunal. 20 (i) If an owner receives notice of liability pursuant to this section 21 for any time period during which the vehicle or the number plate or 22 plates of such vehicle was reported to the police department as having 23 been stolen, it shall be a valid defense to an allegation of liability 24 for a violation of section eleven hundred forty-four-a of this article 25 pursuant to this section that the vehicle or the number plate or plates 26 of such vehicle had been reported to the police as stolen prior to the 27 time the violation occurred and had not been recovered by such time. For 28 purposes of asserting the defense provided by this subdivision, it shall 29 be sufficient that a certified copy of the police report on the stolen 30 vehicle or number plate or plates of such vehicle be sent by first class 31 mail to traffic violations bureau, the court having jurisdiction or the 32 parking violations bureau or to any entity authorized by the superinten- 33 dent of state police or authorized municipality to prepare and mail such 34 notice of liability. 35 (j) 1. An owner who is a lessor of a vehicle to which a notice of 36 liability was issued pursuant to subdivision (g) of this section shall 37 not be liable for the violation under section eleven hundred 38 forty-four-a of this article pursuant to this section, provided that: 39 (i) prior to the violation, the lessor has filed with such traffic 40 violations bureau, court having jurisdiction or the parking violations 41 bureau in accordance with the provisions of section two hundred thirty- 42 nine of this chapter; and 43 (ii) within thirty-seven days after receiving notice from such divi- 44 sion of the date and time of a liability, together with the other infor- 45 mation contained in the original notice of liability, the lessor submits 46 to such traffic violations bureau, court having jurisdiction or the 47 parking violations bureau the correct name and address of the lessee of 48 the vehicle identified in the notice of liability at the time of such 49 violation, together with such other additional information contained in 50 the rental, lease or other contract document, as may be reasonably 51 required by such traffic violations bureau, court having jurisdiction or 52 the parking violations bureau pursuant to regulations that may be 53 promulgated for such purpose. 54 2. Failure to comply with subparagraph (ii) of paragraph one of this 55 subdivision shall render the owner liable for the penalty prescribed in 56 subdivision (e) of this section.A. 1604 6 1 3. Where the lessor complies with the provisions of paragraph one of 2 this subdivision, the lessee of such vehicle on the date of such 3 violation shall be deemed to be the owner of such vehicle for the 4 purposes of this section, shall be subject to liability for such 5 violation pursuant to this section and shall be sent a notice of liabil- 6 ity pursuant to subdivision (i) of this section. 7 (k) 1. If the owner liable for a violation of section eleven hundred 8 forty-four-a of this article pursuant to this section was not the opera- 9 tor of the vehicle at the time of the violation, the owner may maintain 10 an action for indemnification against the operator. 11 2. Notwithstanding any other provision of this section, no owner of a 12 vehicle shall be subject to a monetary fine imposed pursuant to this 13 section if the operator of such vehicle was operating such vehicle with- 14 out the consent of the owner at the time such operator operated such 15 vehicle in violation of section eleven hundred forty-four-a of this 16 article. For purposes of this subdivision there shall be a presumption 17 that the operator of such vehicle was operating such vehicle with the 18 consent of the owner at the time of such operator operated such vehicle 19 in violation of section eleven hundred forty-four-a of this article. 20 (l) Nothing in this section shall be construed to limit the liability 21 of an operator of a vehicle for any violation of section eleven hundred 22 forty-four-a of this article. 23 (m) If the superintendent of the state police or authorized munici- 24 pality adopts a demonstration program pursuant to subdivision (a) of 25 this section such superintendent or authorized municipality shall 26 conduct a study and submit a report on the results of the use of a move 27 over monitoring system to the governor, the temporary president of the 28 senate and the speaker of the assembly. Such report shall include, but 29 shall not be limited to: 30 1. the locations where and dates when move over monitoring systems 31 were used; 32 2. the aggregate number of violations; 33 3. the number of violations recorded in aggregate on a daily, weekly 34 and monthly basis; 35 4. the total number of notices of liability issued for violations 36 recorded by such system; 37 5. the number of fines and total amount of fines paid after the first 38 notice of liability issued for violations recorded by such systems; 39 6. the number of violations adjudicated and the result of such adjudi- 40 cations including breakdowns of dispositions made for violations 41 recorded by such systems; 42 7. the total amount of revenue realized by the state or municipality 43 in connection with the program; and 44 8. expenses incurred by the division of state police or authorized 45 municipality in connection with the program. 46 § 2. This act shall take effect January 1, 2024.
