Bill Text: NY S01056 | 2019-2020 | General Assembly | Introduced
Bill Title: Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when such violation is captured on a camera or observed by a school bus driver; authorizes the use of photographic evidence in the prosecution of such infraction; includes within the class A misdemeanor of assault in the third degree, the causation of physical injury to another person while passing or overtaking a stopped school bus; includes within the class E felony of criminally negligent homicide, the causation of death to another person while passing or overtaking a stopped school bus.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-01-10 - REFERRED TO TRANSPORTATION [S01056 Detail]
Download: New_York-2019-S01056-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1056 2019-2020 Regular Sessions IN SENATE January 10, 2019 ___________ Introduced by Sens. YOUNG, FUNKE, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law, in relation to the liabil- ity of owners of motor vehicles used to overtake or pass a stopped school bus receiving or discharging passengers and authorizing the use of photographic evidence in the prosecution of such traffic infrac- tion; and to amend the penal law, in relation to assault in the third degree and criminally negligent homicide 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 225-a to read as follows: 3 § 225-a. Ownership and operation of vehicles; liability for passing or 4 overtaking stopped school bus. 1. Definitions. Whenever used in this 5 article, the following terms shall have the following meanings: 6 a. "Owner" means any person, corporation, partnership, firm, agency, 7 association, lessor or organization who at the time of the issuance of a 8 notice of violation: 9 (1) is the beneficial or equitable owner of a vehicle; or 10 (2) has title to a vehicle; or 11 (3) is the registrant or co-registrant of a vehicle which is regis- 12 tered with the department or the department of motor vehicles of any 13 other state, territory, district, province, nation or other jurisdic- 14 tion; or 15 (4) uses a vehicle in its vehicle renting and/or leasing business; or 16 (5) is an owner of a vehicle as defined by section one hundred twen- 17 ty-eight of this chapter. 18 b. "Lessor" means any person, corporation, firm, partnership, agency, 19 association or organization engaged in the business of renting or leas- 20 ing vehicles to any lessee or bailee under a rental agreement, lease or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03946-01-9S. 1056 2 1 otherwise, wherein the said lessee or bailee has the exclusive use of 2 said vehicle for any period of time. 3 c. "Lessee" means any person, corporation, firm, partnership, agency, 4 association or organization that rents, bails, leases or contracts for 5 the use of one or more vehicles and has the exclusive use thereof for 6 any period of time. 7 d. "Vehicle" means a vehicle as defined in section one hundred fifty- 8 nine of this chapter. 9 e. "Operator" means any person, corporation, firm, partnership, agen- 10 cy, association, organization or lessee that uses or operates a vehicle 11 with or without the permission of the owner, and an owner who operates 12 his or her own vehicle. 13 f. "Notice of violation" means a notice of violation as defined in 14 paragraph (b) of subdivision one of section two hundred twenty-six of 15 this article. 16 g. "Fiscal year" means a period of one year commencing on the first 17 day of July and terminating on the thirtieth day of June. 18 h. "Primary filing" means the initial filing of registration plate 19 numbers by a lessor prior to the commencement of each fiscal year. 20 2. Liability. a. The operator of a vehicle shall be liable for the 21 fines or penalties imposed pursuant to this article. Except as otherwise 22 provided in paragraphs b and e of this subdivision, the owner of the 23 vehicle, even if not the operator thereof, shall be jointly and 24 severally liable with the operator thereof for any violation of subdivi- 25 sion (a) of section eleven hundred seventy-four of this chapter, if such 26 vehicle was used or operated with the permission of the owner, express 27 or implied, but in such case the owner may recover any fine or penalties 28 paid by him or her from the operator. 29 b. The lessor of a motor vehicle shall not be liable for fines or 30 penalties imposed pursuant to this article for any violation of subdivi- 31 sion (a) of section eleven hundred seventy-four of this chapter if: 32 (1) prior to the infraction, the lessor has filed with the office of 33 the department specified in such notice of violation the registration 34 plate number, plate type, and place of registration of the vehicle to 35 which the notice of violation was issued and paid the required filing 36 fee provided in paragraph f of this subdivision and, 37 (2) within thirty-seven days after receiving notice from the office of 38 the department specified in such notice of violation of the date and 39 time of a violation, together with the other information contained in 40 the original notice of violation, the lessor submits to the office of 41 the department specified in such notice of violation the correct name 42 and address of the lessee of the vehicle identified in the notice of 43 violation at the time of such violation, together with such other addi- 44 tional information contained in the rental, lease or other contract 45 document, as may be reasonably required by the office of the department 46 specified in such notice of violation pursuant to regulations that may 47 be promulgated for such purpose. 48 c. If the lessor has complied with subparagraph one of paragraph b of 49 this subdivision such lessor shall not be liable for any penalties in 50 excess of the scheduled fine unless such lessor fails to appear within 51 thirty-seven days of actual receipt of a notice of violation pursuant to 52 paragraph e of this subdivision. 53 d. If the lessor who has complied with subparagraph one of paragraph b 54 of this subdivision has paid any fine or penalty for which he or she is 55 liable and the office of the department specified in such notice of 56 violation subsequently collects from the operator or lessee the amountS. 1056 3 1 of the scheduled fine and penalty owed by such person, or any portion 2 thereof, the lessor shall be entitled to reimbursement from the office 3 of the department specified in such notice of violation of the amount of 4 the fine and penalty paid by the lessor, less the costs of collection 5 incurred by such office of the department. 6 e. The lessor shall not be liable for any fines or penalties in 7 connection with a notice of violation for a vehicle whose registration 8 plate number is filed and the fee therefor paid prior to the time of the 9 issuance of notice of violation, unless the lessor shall receive notice 10 from the office of the department specified in such notice of violation 11 of the date and time of such violation, together with the other informa- 12 tion contained in the original notice of violation, within ninety days 13 after service of the notice of violation, in accordance with subdivision 14 one of section two hundred twenty-six of this article. 15 f. The annual fee for filing a registration plate number with the 16 department by lessors under this section shall be twelve dollars per 17 fiscal year. Lessors shall also provide the office of the department 18 specified in such notice of violation with such other additional infor- 19 mation in such format as the commissioner by regulation may reasonably 20 require. The registration plate number shall not be considered filed 21 with the office of the department specified in such notice of violation 22 unless the annual filing fee provided for in this subdivision shall have 23 been paid. Lessors shall not be entitled to a refund, reduction, credit 24 or other consideration in connection with such annual filing fee in the 25 event that such registration plate number is withdrawn from service, 26 destroyed or surrendered during the fiscal year for which such registra- 27 tion plate number shall have been filed. In the event that a lessor 28 files with the office of the department specified in such notice of 29 violation registration plate numbers during the fiscal year, the annual 30 filing fee for same shall be prorated on a monthly basis, in accordance 31 with a schedule that the commissioner shall promulgate by regulation for 32 such purpose. The primary filing by each lessor for each fiscal year 33 shall be made at least thirty days prior to the commencement of the 34 fiscal year. 35 g. Where the United States postal authorities return to the office of 36 the department specified in such notice of violation a delinquency 37 notice forwarded by the office of the department specified in such 38 notice of violation to a name and address of a lessee furnished by a 39 lessor in accordance with provisions of this section, such return notice 40 shall be presumptive evidence of the furnishing of an incorrect name and 41 address by the lessor. The lessor may, however, conclusively rebut such 42 presumption if within sixty days after receiving notification from the 43 office of the department specified in such notice of violation of such 44 returned mail notice, the lessor shall provide to the office of the 45 department specified in such notice of violation a copy of the rental 46 agreement or lease agreement for such lessee containing the name and 47 address previously furnished to the office of the department specified 48 in such notice of violation. In the event that a lessor shall fail to 49 rebut the presumption established by this subdivision, the lessor shall 50 be liable for the fines imposed pursuant to this article and in accord- 51 ance with the rules and regulations promulgated by the commissioner. 52 h. The commissioner shall by rules and regulations prescribe the 53 manner and method of giving notice of outstanding violations to the 54 lessees. All notices to lessors under this section shall be by first 55 class mail to the address on file with the office of the departmentS. 1056 4 1 specified in such notice of violation or by such other means as shall be 2 provided for in the rules and regulations of the commissioner. 3 i. A lessor shall cooperate by providing the office of the department 4 specified in such notice of violation, or its designated agents, with 5 such other additional information as shall be contained in such lessor's 6 rental or lease agreements with their lessees as shall be available to 7 them. 8 3. Stolen vehicles. If any owner of a motor vehicle receives a notice 9 of violation as such owner for a period during which the described vehi- 10 cle was reported to any police department as having been stolen, it 11 shall be a valid defense to any charge of a violation of subdivision (a) 12 of section eleven hundred seventy-four of this chapter charged pursuant 13 to this article that the motor vehicle had been reported to the police 14 as stolen prior to the time the violation occurred and had not been 15 recovered by such time. For the purposes of asserting the defense 16 provided by this subdivision, it shall be sufficient that a certified 17 copy of the police report of the stolen vehicle be mailed to the office 18 of the department specified in such notice of violation. 19 § 2. The section heading and subdivision 1 of section 226 of the vehi- 20 cle and traffic law, as added by chapter 1074 of the laws of 1969, are 21 amended to read as follows: 22 Summons; notice of violation; answer. 1. Summons. (a) General. The 23 commissioner shall be authorized to prescribe by regulation the form for 24 the summons and complaint to be used for all traffic violations speci- 25 fied in subdivision one of section two hundred twenty-five of this 26 [chapter] article, and to establish procedures for proper administrative 27 controls over the disposition thereof. Such summons may be the same as 28 the uniform summons provided for in section two hundred seven of this 29 [chapter] title. The chief executive officer of each local police force 30 which is required to use the summons and complaint provided for herein 31 shall prepare or cause to be prepared such records and reports as may be 32 prescribed by the commissioner. 33 (b) Notice of violation. Whenever photographic evidence of or the 34 operator of a school bus reports a violation of subdivision (a) of 35 section eleven hundred seventy-four of this chapter, a summons may be 36 served by mail upon the owner of the vehicle observed in such violation 37 as set forth in the records of the department provided, however, that 38 such summons is accompanied by a notice of violation referring to such 39 summons, both in form as shall be prescribed by the commissioner for 40 this purpose, such vehicle is identified in such notice of violation 41 both by its registration plate number and a description thereof, includ- 42 ing its make, model, body type and color, and such notice is accompanied 43 by said officer's certification of the evidence which is the basis for 44 such violation authorizing the mailing thereof. When such summons and 45 notice of violation are so served by mail pursuant to this paragraph 46 duplicates or facsimiles thereof shall be filed with and retained by the 47 office of the department specified on such notice of violation, shall be 48 deemed records kept in the ordinary course of business and shall be 49 prima facie evidence of the facts contained therein; in addition, such 50 notice of violation and summons served by mail as herein provided shall 51 have the same force and effect and the recipient thereof shall be 52 subject to the same penalties for disregard thereof as though the same 53 were personally served on the person charged with the violation set 54 forth therein, except as may otherwise be set forth in this article, and 55 shall have clearly imprinted thereon in easily visible block letters: 56 YOUR FAILURE TO ANSWER THIS SUMMONS MAY RESULT IN THE SUSPENSION OF YOURS. 1056 5 1 LICENSE OR DRIVING PRIVILEGE PURSUANT TO § 226 OF THE VEHICLE AND TRAF- 2 FIC LAW. 3 § 3. Subdivision 3 and paragraph a of subdivision 4 of section 227 of 4 the vehicle and traffic law, subdivision 3 as amended by chapter 337 of 5 the laws of 1970 and renumbered by chapter 288 of the laws of 1989 and 6 paragraph a of subdivision 4 as amended by section 7 of part J of chap- 7 ter 62 of the laws of 2003, are amended to read as follows: 8 3. After due consideration of the evidence and arguments offered in a 9 contested case, the hearing officer shall determine whether the charges 10 have been established. In the case of an owner charged as such pursuant 11 to this article, it shall be a complete defense to such charge that a 12 vehicle alleged to be in violation was operated without the permission 13 of such owner or his agent and the establishment of lack of permission 14 shall result in an order dismissing such charge against such owner. 15 Where the charges have not been established, an order dismissing the 16 charges shall be entered. Where a determination is made that a charge 17 has been established, either in a contested case or in an uncontested 18 case where there is an appearance before a hearing officer, or if an 19 answer admitting the charge otherwise has been received, an appropriate 20 order shall be entered in the department's records. 21 a. An order entered upon the failure to answer or appear or after the 22 receipt of an answer admitting the charge or where a determination is 23 made that the charge has been established shall be civil in nature, but 24 shall be treated as a conviction for the purposes of this chapter. The 25 commissioner or his designee may include in such order an imposition of 26 any penalty authorized by any provision of this chapter for a conviction 27 of such violation, except that no penalty [therefore] therefor shall 28 include imprisonment, nor, if monetary, exceed the amount of the fine 29 which could have been imposed had the charge been heard by a court. The 30 driver's license or privileges, or, if the charge involves a violation 31 of section three hundred eighty-five or section four hundred one of this 32 chapter by a registrant who was not the operator of the vehicle, the 33 registration of such vehicle or privilege of operation of any motor 34 vehicle owned by such registrant may be suspended pending the payment of 35 any penalty so imposed; however, in the case of an owner charged as such 36 pursuant to this article, his or her driver's license or privilege shall 37 not be affected by such order or determination other than as suspension 38 thereof for failure to appear or pay as set forth in this article, nor 39 shall a conviction hereunder of such owner as such result in depart- 40 mental administrative sanctions affecting his or her driving license or 41 privilege. Any suspension issued pursuant to this paragraph shall be 42 subject to the provisions of paragraph (j-1) of subdivision two of 43 section five hundred three of this chapter. 44 § 4. Section 1174 of the vehicle and traffic law is amended by adding 45 a new subdivision (b-1) to read as follows: 46 (b-1) The driver and/or owner of a vehicle charged with the violation 47 of subdivision (a) of this section, may be prosecuted based upon the 48 observations of the driver of a school bus or photographic evidence. 49 § 5. Section 120.00 of the penal law is amended to read as follows: 50 § 120.00 Assault in the third degree. 51 A person is guilty of assault in the third degree when: 52 1. With intent to cause physical injury to another person, he or she 53 causes such injury to such person or to a third person; or 54 2. He or she recklessly causes physical injury to another person; orS. 1056 6 1 3. With criminal negligence, he or she causes physical injury to 2 another person by means of a deadly weapon or a dangerous instrument[.]; 3 or 4 4. He or she causes physical injury to another person while operating 5 a motor vehicle in violation of subdivision (a) of section eleven 6 hundred seventy-four of the vehicle and traffic law. 7 Assault in the third degree is a class A misdemeanor. 8 § 6. Section 125.10 of the penal law is amended to read as follows: 9 § 125.10 Criminally negligent homicide. 10 A person is guilty of criminally negligent homicide when[, with]: 11 1. With criminal negligence, he or she causes the death of another 12 person[.]; or 13 2. He or she causes the death of another person while operating a 14 motor vehicle in violation of subdivision (a) of section eleven hundred 15 seventy-four of the vehicle and traffic law. 16 Criminally negligent homicide is a class E felony. 17 § 7. This act shall take effect on the first of November next succeed- 18 ing the date on which it shall have become a law.
