Bill Text: NY S00204 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to traffic-control indications for cities of one million or more; makes such provisions permanent; authorizes cities to implement speed cameras by local law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S00204 Detail]

Download: New_York-2015-S00204-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          204
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN  ACT to amend the vehicle and traffic law and the administrative code
         of the city of New York, in relation  to  traffic-control  indications
         for cities of one million or more; to amend chapter 746 of the laws of
         1988  amending  the vehicle and traffic law, the general municipal law
         and the public officers law, relating to the civil liability of  vehi-
         cle  owners  for  traffic  control  signal  violations, in relation to
         making such provisions permanent; and to amend local law number 46  of
         the  city  of  New  York for the year 1989 amending the administrative
         code of New York relating to civil liability  of  vehicle  owners  for
         traffic   control  signal  violations,  in  relation  to  making  such
         provisions permanent; and repealing certain provisions of the  vehicle
         and  traffic  law  and the administrative code of the city of New York
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (a) of section 1111-a of the vehicle and traf-
    2  fic law, as amended by chapter 658 of the laws of 2006 and  paragraph  1
    3  as  amended  by  chapter  18  of the laws of 2009, is amended to read as
    4  follows:
    5    (a) 1. Notwithstanding any other provision of law, each  city  with  a
    6  population  of one million or more is hereby authorized and empowered to
    7  adopt and amend a local law or ordinance establishing a  [demonstration]
    8  program  imposing monetary liability on the owner of a vehicle for fail-
    9  ure of an operator thereof to comply with traffic-control indications in
   10  such city in accordance  with  the  provisions  of  this  section.  Such
   11  [demonstration]  program  shall  empower  a  city to install and operate
   12  traffic-control signal photo violation-monitoring devices  [at  no  more
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01900-01-5
       S. 204                              2
    1  than  one  hundred  fifty  intersections]  within  such city [at any one
    2  time].
    3    2.  Such  [demonstration] program shall utilize necessary technologies
    4  to ensure, to the extent practicable, that photographs produced by  such
    5  traffic-control  signal  photo  violation-monitoring  systems  shall not
    6  include images that identify the driver, the passengers, or the contents
    7  of the vehicle. Provided, however, that no notice  of  liability  issued
    8  pursuant  to this section shall be dismissed solely because a photograph
    9  or photographs allow for the identification of the contents of  a  vehi-
   10  cle, provided that such city has made a reasonable effort to comply with
   11  the provisions of this paragraph.
   12    S  2. Subdivision (m) of section 1111-a of the vehicle and traffic law
   13  is REPEALED.
   14    S 3. Subdivision (a) of section 19-210 of the administrative  code  of
   15  the  city of New York, as amended by chapter 658 of the laws of 2006 and
   16  paragraph 1 as amended by chapter 18 of the laws of 2009, is amended  to
   17  read as follows:
   18    (a)  1.  Notwithstanding  any  other  provision  of  law,  the parking
   19  violations bureau is hereby authorized  and  empowered  to  establish  a
   20  [demonstration]  program  imposing  monetary liability on the owner of a
   21  vehicle for failure of an operator thereof to comply  with  traffic-con-
   22  trol  indications in accordance with the provisions of this section. The
   23  department of transportation, for purposes  of  implementation  of  such
   24  program,  shall  be  authorized  to  install and operate traffic-control
   25  signal photo violation-monitoring devices [at no more than  one  hundred
   26  fifty intersections at any one time].
   27    2.  Such  [demonstration] program shall utilize necessary technologies
   28  to ensure, to the extent practicable, that photographs produced by  such
   29  traffic-control  signal  photo  violation-monitoring  systems  shall not
   30  include images that identify the driver, the passengers, or the contents
   31  of the vehicle. Provided, however, that no notice  of  liability  issued
   32  pursuant  to this section shall be dismissed solely because a photograph
   33  or photographs allow for the identification of the contents of  a  vehi-
   34  cle, provided that such city has made a reasonable effort to comply with
   35  the provisions of this paragraph.
   36    S  4. Subdivisions (n) and (o) of section 19-210 of the administrative
   37  code of the city of New York are REPEALED.
   38    S 5. Section 16 of chapter 746 of the laws of 1988 amending the  vehi-
   39  cle  and  traffic law, the general municipal law and the public officers
   40  law, relating to the civil  liability  of  vehicle  owners  for  traffic
   41  control signal violations, is amended to read as follows:
   42    S 16. The purchase or lease of equipment for a [demonstration] program
   43  established  pursuant  to section eleven hundred eleven-a of the vehicle
   44  and traffic law shall be  subject  to  the  provisions  of  section  one
   45  hundred three of the general municipal law.
   46    S  6. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
   47  cle and traffic law, the general municipal law and the  public  officers
   48  law,  relating  to  the  civil  liability  of vehicle owners for traffic
   49  control signal violations, as amended by chapter  134  of  the  laws  of
   50  2014, is amended to read as follows:
   51    S  17.  This act shall take effect on the thirtieth day after it shall
   52  have become a law [and shall remain  in  full  force  and  effect  until
   53  December  1, 2019 when upon such date the amendments and provisions made
   54  by this act shall be deemed repealed; provided, however, any such  local
   55  laws  as  may be enacted pursuant to this act shall remain in full force
   56  and effect only until the expiration on December 1, 2019].
       S. 204                              3
    1    S 7. Section 2 of local law number 46 of the city of New York for  the
    2  year  1989  amending  the  administrative  code  of the city of New York
    3  relating to civil liability of vehicle owners for traffic control signal
    4  violations, as amended by chapter 134 of the laws of 2014, is amended to
    5  read as follows:
    6    S 2. This local law shall take effect immediately [and shall expire on
    7  December 1, 2019].
    8    S  8.  This act shall take effect immediately; provided, however, that
    9  sections one through five of this act shall take effect one  year  after
   10  it shall have become a law.
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