Bill Text: NY A06601 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates a pilot program in Westchester county for the use of live digital video school bus violation detection monitoring systems and provides for admissibility of photographic evidence obtained therefrom in the prosecution of the offense of overtaking or passing a stopped school bus.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A06601 Detail]
Download: New_York-2011-A06601-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6601
2011-2012 Regular Sessions
I N A S S E M B L Y
March 23, 2011
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the education law and the vehicle and traffic law, in
relation to creating a pilot program in Westchester county for the use
of live digital video school bus violation detection monitoring
systems and providing for the admissibility of photographic evidence
obtained therefrom in the prosecution of the offense of overtaking or
passing a stopped school bus; 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:
1 Section 1. The education law is amended by adding a new section 3638
2 to read as follows:
3 S 3638. LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION DETECTION MONITORING
4 SYSTEM PILOT PROGRAM. 1. THE KATONAH-LEWISBORO SCHOOL DISTRICT IN THE
5 COUNTY OF WESTCHESTER SHALL CONDUCT A PILOT PROGRAM DESIGNED TO EVALUATE
6 THE USE OF LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION DETECTION MONITORING
7 SYSTEMS. SUCH SYSTEMS SHALL, AT A MINIMUM, BE SYSTEMS WHICH MONITOR AND
8 DETECT VIOLATIONS OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-
9 FOUR OF THE VEHICLE AND TRAFFIC LAW.
10 2. "LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION DETECTION MONITORING
11 SYSTEM" SHALL MEAN A SYSTEM WITH ONE OR MORE CAMERA SENSORS AND COMPUT-
12 ERS WHICH PRODUCE LIVE DIGITAL AND RECORDED VIDEO OF MOTOR VEHICLES
13 BEING OPERATED IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
14 SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW. ALL SYSTEMS INSTALLED FOR
15 USE UNDER THIS SECTION MUST, AT A MINIMUM, PRODUCE A LIVE VISUAL IMAGE
16 VIEWABLE REMOTELY, A RECORDED IMAGE OF THE LICENSE PLATE, AND BE ABLE TO
17 RECORD THE TIME, DATE, AND LOCATION OF THE VEHICLE, AND A SIGNED AFFIDA-
18 VIT BY A PERSON WHO WITNESSED THE VIOLATION VIA LIVE VIDEO.
19 3. THE PILOT PROGRAM SHALL PROVIDE THAT EACH SCHOOL BUS PROVIDING
20 TRANSPORTATION FOR STUDENTS ATTENDING SCHOOLS OF THE KATONAH-LEWISBORO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08000-01-1
A. 6601 2
1 SCHOOL DISTRICT IN THE TOWN OF LEWISBORO BE INSTALLED WITH AND OPERATE A
2 LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION DETECTION MONITORING SYSTEM. THE
3 SCHOOL DISTRICT MAY ENTER INTO AN AGREEMENT WITH A PRIVATE CORPORATION
4 OR OTHER ENTITY TO PROVIDE LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION
5 DETECTION MONITORING SYSTEMS AND TO MAINTAIN AND OPERATE SUCH SYSTEMS.
6 COMPENSATION TO THE PRIVATE ENTITY THAT PROVIDES SUCH A SYSTEM AND
7 RELATED SUPPORT SERVICE SHALL NOT BE BASED ON THE REVENUE GENERATED BY
8 THE SYSTEM. COMPENSATION TO THE VENDOR OF THE SYSTEM SHALL BE BASED ON
9 THE EXPENSE OF THE SERVICES AND THE EQUIPMENT PROVIDED BY THE VENDOR OF
10 THE SYSTEM. THE SCHOOL DISTRICT MAY ENTER INTO AN AGREEMENT FOR PURPOSES
11 OF REIMBURSEMENT OF EXPENSES TO THE VENDOR FOR THE INSTALLATION, OPERA-
12 TION AND MAINTENANCE OF THE LIVE DIGITAL VIDEO SCHOOL BUS DETECTION AND
13 MONITORING SYSTEMS WITHIN ITS MUNICIPALITY. NOTWITHSTANDING THE TERMS
14 AND CONDITIONS CONTAINED IN ANY SUCH AGREEMENT, REIMBURSEMENT SHALL BE
15 MADE FROM TICKET REVENUE PROCEEDS FROM PAID VIOLATIONS, AS ALLOCATED.
16 4. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS SECTION, THE KATO-
17 NAH-LEWISBORO SCHOOL DISTRICT AND THE DISTRICT ATTORNEY OF THE COUNTY OF
18 WESTCHESTER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
19 SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE PILOT PROGRAM AND ITS
20 RESULTS. SUCH RESULTS SHALL INCLUDE RECOMMENDATIONS AS TO THE FUTURE USE
21 OF LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION DETECTION MONITORING SYSTEMS.
22 S 2. The section heading and subdivision 1 of section 226 of the vehi-
23 cle and traffic law, as added by chapter 1074 of the laws of 1969, are
24 amended to read as follows:
25 Summons; NOTICE OF VIOLATION; answer. 1. Summons. (A) GENERAL. The
26 commissioner shall be authorized to prescribe by regulation the form for
27 the summons and complaint to be used for all traffic violations speci-
28 fied in subdivision one of section two hundred twenty-five of this chap-
29 ter, and to establish procedures for proper administrative controls over
30 the disposition thereof. Such summons may be the same as the uniform
31 summons provided for in section two hundred seven of this chapter. The
32 chief executive officer of each local police force which is required to
33 use the summons and complaint provided for herein shall prepare or cause
34 to be prepared such records and reports as may be prescribed by the
35 commissioner.
36 (B) NOTICE OF VIOLATION. IN THE EVENT THAT PHOTOGRAPHIC EVIDENCE OF A
37 VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
38 THE VEHICLE AND TRAFFIC LAW IS OBTAINED AS A RESULT OF THE LIVE DIGITAL
39 VIDEO SCHOOL BUS VIOLATION DETECTION MONITORING SYSTEM PILOT PROGRAM
40 PURSUANT TO SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THE EDUCATION
41 LAW, A SUMMONS MAY BE SERVED BY MAIL UPON THE OWNER OF THE VEHICLE
42 OBSERVED IN SUCH VIOLATION AS SET FORTH IN THE RECORDS OF THE DEPART-
43 MENT; PROVIDED, HOWEVER, THAT SUCH SUMMONS IS ACCOMPANIED BY A NOTICE OF
44 VIOLATION REFERRING TO SUCH SUMMONS, BOTH IN FORM AS SHALL BE PRESCRIBED
45 BY THE COMMISSIONER FOR THIS PURPOSE, SUCH VEHICLE IS IDENTIFIED IN SUCH
46 NOTICE OF VIOLATION BOTH BY ITS REGISTRATION PLATE NUMBER AND A
47 DESCRIPTION THEREOF, INCLUDING ITS MAKE, MODEL, BODY TYPE AND COLOR, AND
48 SUCH NOTICE IS ACCOMPANIED BY SAID OFFICER'S CERTIFICATION OF THE
49 EVIDENCE WHICH IS THE BASIS FOR SUCH VIOLATION AUTHORIZING THE MAILING
50 THEREOF. WHEN SUCH SUMMONS AND NOTICE OF VIOLATION ARE SO SERVED BY MAIL
51 PURSUANT TO THIS PARAGRAPH DUPLICATES OR FACSIMILES THEREOF SHALL BE
52 FILED WITH AND RETAINED BY THE OFFICE OF THE DEPARTMENT SPECIFIED ON
53 SUCH NOTICE OF VIOLATION, SHALL BE DEEMED RECORDS KEPT IN THE ORDINARY
54 COURSE OF BUSINESS AND SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
55 CONTAINED THEREIN; IN ADDITION, SUCH NOTICE OF VIOLATION AND SUMMONS
56 SERVED BY MAIL AS HEREIN PROVIDED SHALL HAVE THE SAME FORCE AND EFFECT
A. 6601 3
1 AND THE RECIPIENT THEREOF SHALL BE SUBJECT TO THE SAME PENALTIES FOR
2 DISREGARD THEREOF AS THOUGH THE SAME WERE PERSONALLY SERVED ON THE
3 PERSON CHARGED WITH THE VIOLATION SET FORTH THEREIN, EXCEPT AS MAY
4 OTHERWISE BE SET FORTH IN THIS ARTICLE, AND SHALL HAVE CLEARLY IMPRINTED
5 THEREON IN EASILY VISIBLE BLOCK LETTERS: "YOUR FAILURE TO ANSWER THIS
6 SUMMONS MAY RESULT IN THE SUSPENSION OF YOUR LICENSE OR DRIVING PRIVI-
7 LEGE PURSUANT TO S 226 OF THE VEHICLE AND TRAFFIC LAW."
8 S 3. Section 1174 of the vehicle and traffic law is amended by adding
9 a new subdivision (b-1) to read as follows:
10 (B-1) THE DRIVER AND/OR OWNER OF A VEHICLE CHARGED WITH THE VIOLATION
11 OF SUBDIVISION (A) OF THIS SECTION, MAY BE PROSECUTED BASED UPON THE
12 OBSERVATIONS OF THE DRIVER OF A SCHOOL BUS OR PHOTOGRAPHIC EVIDENCE
13 OBTAINED AS A RESULT OF THE LIVE DIGITAL VIDEO SCHOOL BUS VIOLATION
14 DETECTION MONITORING SYSTEM PILOT PROGRAM PURSUANT TO SECTION THIRTY-SIX
15 HUNDRED THIRTY-EIGHT OF THE EDUCATION LAW.
16 S 4. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law and shall expire 5 years after such effective
18 date when upon such date the provisions of this act shall be deemed
19 repealed.
