Bill Text: NY A05911 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the vehicle and traffic law, in relation to reporting of drivers who pass a stopped school bus and the sanctions therefor
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A05911 Detail]
Download: New_York-2009-A05911-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5911
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. TOWNS, WALKER, GREENE -- Multi-Sponsored by -- M.
of A. BENJAMIN -- read once and referred to the Committee on Transpor-
tation
AN ACT to amend the vehicle and traffic law, in relation to reporting of
drivers who pass a stopped school bus and the sanctions therefor
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 1174-a to read as follows:
3 S 1174-A. PASSING OF STOPPED SCHOOL BUS; REPORTING BY SCHOOL BUS OPER-
4 ATORS AND INDIVIDUALS. (A) THE OPERATOR OF A SCHOOL BUS OR ANY INDIVID-
5 UAL WHO OBSERVES A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
6 THIS ARTICLE MAY SUBMIT A SIGNED REPORT, ON A FORM PREPARED BY THE
7 COMMISSIONER, WHICH INDICATES THAT A VIOLATION OCCURRED. SUCH REPORT
8 SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION:
9 1. THE DATE AND APPROXIMATE TIME OF THE VIOLATION;
10 2. A DESCRIPTION OF THE ALLEGED VIOLATOR, OR THE IDENTITY OF THE
11 VIOLATOR, IF KNOWN TO THE SCHOOL BUS OPERATOR OR INDIVIDUAL; AND
12 3. THE LICENSE NUMBER AND THE TYPE, MODEL, OR OTHER IDENTIFYING CHAR-
13 ACTERISTICS OF THE VEHICLE.
14 SUCH REPORT SHALL BE DELIVERED TO A LOCAL LAW ENFORCEMENT OFFICER
15 WITHIN FORTY-EIGHT HOURS, AND SUCH OFFICER SHALL FORWARD A COPY TO THE
16 COMMISSIONER.
17 (B) A DRIVER OF A SCHOOL BUS WHO KNOWINGLY FILES FALSE INFORMATION IN
18 THE REPORT REQUIRED BY THIS SECTION SHALL BE SUBJECT TO THE DISQUALI-
19 FICATION SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISIONS ONE AND TWO
20 OF SECTION FIVE HUNDRED NINE-C OF THIS CHAPTER, IN ADDITION TO ANY OTHER
21 PENALTY PROVIDED BY LAW. ANY INDIVIDUAL WHO KNOWINGLY FILES FALSE INFOR-
22 MATION IN THE REPORT REQUIRED BY THIS SECTION SHALL BE SUBJECT TO A
23 VIOLATION, PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE
24 THAN ONE HUNDRED DOLLARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08631-01-9
A. 5911 2
1 (C) UPON THE REPORT OF THE INFORMATION SPECIFIED IN SUBDIVISION (A) OF
2 THIS SECTION, SUCH LAW ENFORCEMENT OFFICER SHALL ISSUE A SUMMONS TO THE
3 VIOLATOR OR SHALL INITIATE AN INVESTIGATION BASED ON THE INFORMATION SO
4 PROVIDED. A NOTICE OF VIOLATION SHALL BE SENT TO THE PERSON OR ENTITY IN
5 WHOSE NAME THE VEHICLE IS REGISTERED. THE OWNER OR LESSEE OF SUCH VEHI-
6 CLE SHALL, UPON RECEIPT OF A NOTICE OF VIOLATION ISSUED BY THE ENFORCE-
7 MENT BUREAU OF THE MUNICIPALITY HAVING JURISDICTION, IDENTIFY THE OPERA-
8 TOR OF THE VEHICLE AT THE TIME OF THE ALLEGED VIOLATION, TO THE BEST OF
9 THE OWNER'S OR LESSEE'S ABILITY TO DO SO. FAILURE TO DO SO SHALL CONSTI-
10 TUTE A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE
11 AND SUCH LESSEE OR OWNER SHALL BE SUBJECT TO THE MONETARY PENALTIES
12 SPECIFIED IN SUCH SECTION.
13 (D) 1. A NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH
14 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF THIS SECTION.
15 A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE
16 OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THERE-
17 IN.
18 2. A NOTICE OF VIOLATION SHALL CONTAIN THE NAME AND ADDRESS OF THE
19 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF THIS SECTION,
20 THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE
21 LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH
22 VIOLATION.
23 3. A NOTICE OF THE VIOLATION SHALL CONTAIN INFORMATION ADVISING THE
24 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
25 THE VIOLATION ALLEGED IN THE NOTICE, AND SHALL ALSO CONTAIN A WARNING TO
26 ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND
27 TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A
28 DEFAULT JUDGEMENT MAY BE ENTERED THEREON.
29 (E) ADJUDICATION OF THE VIOLATION PRESCRIBED BY THIS SECTION SHALL BE
30 BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION THREE
31 HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE, BY
32 THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
33 (F) ANY REGISTERED OWNER OR REGISTRANT WHICH IS AN AUTOMOBILE RENTAL
34 OR LEASING COMPANY AND WHICH RECEIVES A NOTIFICATION UNDER THIS SECTION
35 SHALL DELIVER OR MAIL A COPY OF THE RENTAL OR LEASING AGREEMENT COVERING
36 THE VEHICLE ON THAT DATE, WITH THE NAME AND ADDRESS OF THE LESSEE CLEAR-
37 LY LEGIBLE, WITHIN FIFTEEN DAYS TO THE APPROPRIATE MUNICIPAL AGENCY
38 WHICH ISSUED SUCH NOTICE OF VIOLATION. FAILURE TO SEND SUCH INFORMATION
39 WITHIN THE PRESCRIBED TIME PERIOD SHALL RENDER SUCH REGISTERED OWNER OR
40 REGISTRANT RESPONSIBLE FOR THE MONETARY PENALTY PRESCRIBED IN THIS
41 SECTION.
42 (G) IF A REGISTRANT, LESSEE, OR OPERATOR RECEIVES A NOTICE OF
43 VIOLATION AS PRESCRIBED BY THIS SECTION FOR ANY TIME PERIOD DURING WHICH
44 THE VEHICLE WAS STOLEN, SUCH PERSON SHALL NOT BE RESPONSIBLE FOR THE
45 VIOLATION PROVIDING THAT A COPY OF THE POLICE REPORT ON THE STOLEN VEHI-
46 CLE IS FORWARDED WITHIN FIFTEEN DAYS TO THE ENFORCEMENT BUREAU OF THE
47 MUNICIPALITY HAVING JURISDICTION. FAILURE TO SEND SUCH INFORMATION WITH-
48 IN SUCH FIFTEEN DAY TIME PERIOD SHALL RENDER SUCH PERSON RESPONSIBLE FOR
49 THE MONETARY PENALTY PRESCRIBED BY SECTION ELEVEN HUNDRED SEVENTY-FOUR
50 OF THIS ARTICLE.
51 (H) IF THE REGISTRANT OR LESSEE WAS NOT THE OPERATOR OF THE VEHICLE AT
52 THE TIME OF THE VIOLATION, THE REGISTRANT MAY MAINTAIN A CAUSE OF ACTION
53 TO RECOVER FROM THE OPERATOR ANY PENALTY IMPOSED UNDER THIS SECTION IN
54 ADDITION TO ANY OTHER DAMAGES SUFFERED BY THE REGISTRANT OR LESSEE
55 RESULTING FROM THE VIOLATION.
A. 5911 3
1 S 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
2 traffic law is amended by adding a new subparagraph (xvi) to read as
3 follows:
4 (XVI) UNTIL THE HOLDER RESPONDS TO A SUMMONS ISSUED PURSUANT TO
5 SECTION ELEVEN HUNDRED SEVENTY-FOUR-A OF THIS CHAPTER OR COMPLIES WITH
6 THE FINAL DECISION OF A COURT OR ADMINISTRATIVE TRIBUNAL OF APPROPRIATE
7 JURISDICTION WITH REGARD TO SUCH SUMMONS.
8 S 3. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.
