Bill Text: NY A02105 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes certain cities to implement a pilot truck weight photo-monitoring system at certain intersections throughout the city; requires owners of trucks to be monetarily liable when an operator of their truck drives the truck on a public highway in violation of a posted "No Truck" zone; establishes certain affirmative defenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A02105 Detail]
Download: New_York-2019-A02105-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2105 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to truck weight photo-monitoring systems in cities with a population of one million or more 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 1642-b to read as follows: 3 § 1642-b. Owner liability for failure of operator to comply with 4 no-thru truck indications. (a) Notwithstanding any other provision of 5 law, each city with a population of one million or more is hereby 6 authorized and empowered to adopt and amend a local law or ordinance 7 establishing a demonstration program imposing monetary liability on the 8 owner of a vehicle for failure of an operator thereof to comply with 9 no-thru truck indications in such city in accordance with the provisions 10 of this section. Such demonstration program shall empower a city to 11 install and operate truck weight photo-monitoring devices at no more 12 than fifty intersections within such city at any one time. 13 (b) In any city which has adopted a local law or ordinance pursuant to 14 subdivision (a) of this section, the owner of a vehicle shall be liable 15 for a penalty imposed pursuant to this section if such vehicle was used 16 or operated with the permission of the owner, express or implied, in 17 violation of driving through a prohibited no-truck zone designated 18 pursuant to subdivision (f) of section eighteen hundred of this chapter, 19 and such violation is evidenced by information obtained from a truck 20 weight violation-monitoring system; provided however that no owner of a 21 vehicle shall be liable for a penalty imposed pursuant to this section 22 where the operator of such vehicle has been convicted of the underlying 23 violation of subdivision (f) of section eighteen hundred of this chap- 24 ter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04454-01-9A. 2105 2 1 (c) For purposes of this section, "owner" shall have the meaning 2 provided in article two-B of this chapter. For purposes of this section, 3 "truck weight violation-monitoring system" shall mean a vehicle sensor 4 installed to work in conjunction with a vehicle scale which automat- 5 ically produces two or more photographs, two or more microphotographs, a 6 videotape or other recorded images of each vehicle at the time it is 7 used or operated in violation of subdivision (f) of section eighteen 8 hundred of this chapter. 9 (d) A certificate, sworn to or affirmed by a technician employed by 10 the city in which the charged violation occurred, or a facsimile there- 11 of, based upon inspection of photographs, microphotographs, videotape or 12 other recorded images produced by a truck weight violation-monitoring 13 system, shall be prima facie evidence of the facts contained therein. 14 Any photographs, microphotographs, videotape or other recorded images 15 evidencing such a violation shall be available for inspection in any 16 proceeding to adjudicate the liability for such violation pursuant to a 17 local law or ordinance adopted pursuant to this section. 18 (e) An owner liable for a violation of subdivision (f) of section 19 eighteen hundred of this chapter pursuant to a local law or ordinance 20 adopted pursuant to this section shall be liable for monetary penalties 21 in accordance with a schedule of fines and penalties to be set forth in 22 such local law or ordinance, except that in a city which, by local law, 23 has authorized the adjudication of such owner liability by a parking 24 violations bureau, such schedule shall be promulgated by such bureau. 25 The liability of the owner pursuant to this section shall not exceed 26 fifty dollars for each violation; provided, however, that such local law 27 or ordinance may provide for an additional penalty not in excess of 28 twenty-five dollars for each violation for the failure to respond to a 29 notice of liability within the prescribed time period. 30 (f) An imposition of liability under a local law or ordinance adopted 31 pursuant to this section shall not be deemed a conviction as an operator 32 and shall not be made part of the operating record of the person upon 33 whom such liability is imposed nor shall it be used for insurance 34 purposes in the provision of motor vehicle insurance coverage. 35 (g) 1. A notice of liability shall be sent by first class mail to each 36 person alleged to be liable as an owner for a violation of subdivision 37 (f) of section eighteen hundred of this chapter pursuant to this 38 section. Personal delivery on the owner shall not be required. A manual 39 or automatic record of mailing prepared in the ordinary course of busi- 40 ness shall be prima facie evidence of the facts contained therein. 41 2. A notice of liability shall contain the name and address of the 42 person alleged to be liable as an owner for a violation of subdivision 43 (f) of section eighteen hundred of this chapter pursuant to this 44 section, the registration number of the vehicle involved in such 45 violation, the location where such violation took place, the date and 46 time of such violation and the identification number of the camera which 47 recorded the violation or other document locator number. 48 3. The notice of liability shall contain information advising the 49 person charged of the manner and the time in which he or she may contest 50 the liability alleged in the notice. Such notice of liability shall also 51 contain a warning to advise the persons charged that failure to contest 52 in the manner and time provided shall be deemed an admission of liabil- 53 ity and that a default judgment may be entered thereon. 54 4. The notice of liability shall be prepared and mailed by the city 55 having jurisdiction over the intersection where the violation occurred,A. 2105 3 1 or by any other entity authorized by the city to prepare and mail such 2 notification of violation. 3 (h) Adjudication of the liability imposed upon owners by this section 4 shall be by a traffic violations bureau established pursuant to section 5 three hundred seventy of the general municipal law or, if there be none, 6 by the court having jurisdiction over traffic infractions, except that 7 any city which has established an administrative tribunal to hear and 8 determine complaints of traffic infractions constituting parking, stand- 9 ing or stopping violations may, by local law, authorize such adjudi- 10 cation by such tribunal. 11 (i) If an owner receives a notice of liability pursuant to this 12 section for any time period during which the vehicle was reported to the 13 police department as having been stolen, it shall be a valid defense to 14 an allegation of liability for a violation of subdivision (f) of section 15 eighteen hundred of this chapter pursuant to this section that the vehi- 16 cle had been reported to the police as stolen prior to the time the 17 violation occurred and had not been recovered by such time; or that the 18 vehicle was making a legitimate delivery within the area. For purposes 19 of asserting the defenses provided by this subdivision it shall be 20 sufficient that a certified copy of the police report on the stolen 21 vehicle or a copy of an invoice or some other proof of delivery be sent 22 by first class mail to the traffic violations bureau, court having 23 jurisdiction or parking violations bureau. 24 (j) 1. In a city where the adjudication of liability imposed upon 25 owners pursuant to this section is by a traffic violations bureau or a 26 court having jurisdiction, an owner who is a lessor of a vehicle to 27 which a notice of liability was issued pursuant to subdivision (g) of 28 this section shall not be liable for the violation of subdivision (f) of 29 section eighteen hundred of this chapter, provided that he or she sends 30 to the traffic violations bureau or court having jurisdiction a copy of 31 the rental, lease or other such contract document covering such vehicle 32 on the date of the violation, with the name and address of the lessee 33 clearly legible, within thirty-seven days after receiving notice from 34 the bureau or court of the date and time of such violation, together 35 with the other information contained in the original notice of liabil- 36 ity. Failure to send such information within such thirty-seven day time 37 period shall render the owner liable for the penalty prescribed by this 38 section. Where the lessor complies with the provisions of this para- 39 graph, the lessee of such vehicle on the date of such violation shall be 40 deemed to be the owner of such vehicle for purposes of this section, 41 shall be subject to liability for the violation of subdivision (f) of 42 section eighteen hundred of this chapter pursuant to this section and 43 shall be sent a notice of liability pursuant to subdivision (g) of this 44 section. 45 2. (i) In a city which, by local law, has authorized the adjudication 46 of liability imposed upon owners by this section by a parking violations 47 bureau, an owner who is a lessor of a vehicle to which a notice of 48 liability was issued pursuant to subdivision (g) of this section shall 49 not be liable for the violation of subdivision (f) of section eighteen 50 hundred of this chapter, provided that: 51 (A) prior to the violation, the lessor has filed with the bureau in 52 accordance with the provisions of section two hundred thirty-nine of 53 this chapter; and 54 (B) within thirty-seven days after receiving notice from the bureau of 55 the date and time of a liability, together with the other information 56 contained in the original notice of liability, the lessor submits to theA. 2105 4 1 bureau the correct name and address of the lessee of the vehicle identi- 2 fied in the notice of liability at the time of such violation, together 3 with such other additional information contained in the rental, lease or 4 other contract document, as may be reasonably required by the bureau 5 pursuant to regulations that may be promulgated for such purpose. 6 (ii) Failure to comply with clause (B) of subparagraph (i) of this 7 paragraph shall render the owner liable for the penalty prescribed in 8 this section. 9 (iii) Where the lessor complies with the provisions of this paragraph, 10 the lessee of such vehicle on the date of such violation shall be deemed 11 to be the owner of such vehicle for purposes of this section, shall be 12 subject to liability for such violation pursuant to this section and 13 shall be sent a notice of liability pursuant to subdivision (g) of this 14 section. 15 (k) If the owner liable for a violation of subdivision (f) of section 16 eighteen hundred of this chapter pursuant to this section was not the 17 operator of the vehicle at the time of the violation, the owner may 18 maintain an action for indemnification against the operator. 19 (l) Nothing in this section shall be construed to limit the liability 20 of an operator of a vehicle for any violation of subdivision (f) of 21 section eighteen hundred of this chapter. 22 (m) In any city which adopts a demonstration program pursuant to 23 subdivision (a) of this section, such city shall submit a report on the 24 results of the use of a truck weight photo-monitoring system to the 25 governor, the temporary president of the senate and the speaker of the 26 assembly by March first, two thousand twenty-two. Such report shall 27 include, but not be limited to: 28 1. a description of the locations where truck weight photo-monitoring 29 systems were used; 30 2. the number of violations recorded at each intersection and in the 31 aggregate on a daily, weekly and monthly basis; 32 3. the total number of notices of liability issued; 33 4. the number of fines and total amount of fines paid after first 34 notice of liability; 35 5. the number of violations adjudicated and results of such adjudi- 36 cations including breakdowns of dispositions made; 37 6. the total amount of revenue realized by such city; and 38 7. quality of the adjudication process and its results. 39 § 2. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law. Effective immediately the addition, amend- 41 ment, and/or repeal of any rule or regulation necessary for the timely 42 implementation of this act on its effective date is hereby authorized to 43 be made on or before such effective date.
