Bill Text: NY A06012 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes political subdivisions and certain public authorities to establish demonstration programs implementing railroad grade crossing monitoring systems by means of photo devices.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A06012 Detail]

Download: New_York-2019-A06012-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6012--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 26, 2019
                                       ___________

        Introduced  by  M. of A. ABINANTI, BUCHWALD -- read once and referred to
          the Committee on Transportation -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to authorizing political subdivisions and  certain  public
          authorities  to establish demonstration programs implementing railroad
          grade crossing monitoring systems  by  means  of  photo  devices;  and
          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.  Section 135-a of the vehicle and traffic law, as added  by
     2  chapter 501 of the laws of 2016, is amended to read as follows:
     3    §  135-a.  Railroad grade crossing. A location where [a public highway
     4  or private road, including associated sidewalks, crosses  one  or  more]
     5  railroad  tracks [at grade] intersect a public or private highway, road-
     6  way or sidewalk.
     7    § 2. The vehicle and traffic law is amended by adding  a  new  section
     8  1170-a to read as follows:
     9     §  1170-a.  Owner  liability  for  failure of operator to obey signal
    10  indicating  approach  of  train.    (a)  1.  Notwithstanding  any  other
    11  provision  of  law,  any  political subdivision is hereby authorized and
    12  empowered to adopt and amend a local law, ordinance or resolution estab-
    13  lishing a demonstration program imposing monetary liability on the owner
    14  of a vehicle for failure of an operator thereof to comply  with  section
    15  eleven hundred seventy of this article. Such demonstration program shall
    16  empower  a  political  subdivision to install and operate railroad grade
    17  crossing photo violation-monitoring devices at any railroad grade cross-
    18  ing within its jurisdiction.  If installation, operation or  maintenance
    19  of  equipment  pursuant to this section requires entry upon the property
    20  of the commuter railroad, the political subdivision or its  agent  shall
    21  first  secure  permission from such railroad to enter upon the property.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10015-05-9

        A. 6012--A                          2

     1  All such work shall be performed in accordance with  applicable  federal
     2  and  state requirements and industry safety standards.  The cost of such
     3  photo violation-monitoring devices may be borne by the political  subdi-
     4  vision,  a commuter railroad operating within the political subdivision,
     5  or a combination of both such political subdivision and  commuter  rail-
     6  road pursuant to a memorandum of understanding.
     7    2.  Such demonstration program shall utilize necessary technologies to
     8  ensure, to the extent practicable, that  photographs  produced  by  such
     9  railroad  grade  crossing  photo  violation-monitoring systems shall not
    10  include images that identify the driver, the passengers or the  contents
    11  of  the  vehicle.  Provided, however, that no notice of liability issued
    12  pursuant to this section shall be dismissed solely because a  photograph
    13  or  photographs  allow for the identification of the contents of a vehi-
    14  cle, provided that such political  subdivision  has  made  a  reasonable
    15  effort to comply with the provisions of this paragraph.
    16    (b)  Within  the  jurisdiction of any such political subdivision which
    17  has adopted a local law, ordinance or resolution pursuant to subdivision
    18  (a) of this section, the owner of a vehicle shall be liable for a penal-
    19  ty imposed pursuant to this section if such vehicle was used or operated
    20  with the permission of the owner, express or implied,  in  violation  of
    21  section  eleven  hundred  seventy of this article, and such violation is
    22  evidenced by information obtained from a railroad grade  crossing  photo
    23  violation-monitoring system; provided, however, that no owner of a vehi-
    24  cle shall be liable for a penalty imposed pursuant to this section where
    25  the  operator  of  such  vehicle  has  been  convicted of the underlying
    26  violation of section eleven hundred seventy of this article.
    27    (c) For purposes of this section, the following terms shall  have  the
    28  following meanings:
    29    1.  "Owner"  shall  have the meaning provided in article two-B of this
    30  chapter.
    31    2. "Railroad grade crossing photo violation-monitoring  system"  shall
    32  mean  a  vehicle sensor installed to work in conjunction with a railroad
    33  sign or signal which automatically produces two or more photographs, two
    34  or more microphotographs, a videotape or other recorded images  of  each
    35  vehicle at the time it is used or operated in violation of section elev-
    36  en hundred seventy of this article.
    37    3.  "Political subdivision" shall mean a county, city, town or village
    38  located within the metropolitan  commuter  transportation  district,  as
    39  defined  in  section  twelve hundred sixty-two of the public authorities
    40  law.
    41    4. "Commuter railroad" shall mean a railroad owned and operated by the
    42  metropolitan transportation authority and located within  the  metropol-
    43  itan  commuter  transportation  district,  as  defined in section twelve
    44  hundred sixty-two of the public authorities law.
    45    5. "Operator" shall have the same meaning as provided in  section  two
    46  hundred thirty-nine of this chapter.
    47    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    48  the political subdivision in which the charged violation occurred, or  a
    49  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
    50  graphs, videotape or other recorded images produced by a railroad  grade
    51  crossing   photo  violation-monitoring  system,  shall  be  prima  facie
    52  evidence of the facts contained therein.  Any  photographs,  microphoto-
    53  graphs,  videotape  or other recorded images evidencing such a violation
    54  shall be available for inspection in any proceeding  to  adjudicate  the
    55  liability  for  such  violation  pursuant  to  a local law, ordinance or
    56  resolution adopted pursuant to this section.

        A. 6012--A                          3

     1    (e) An owner liable for a violation of section eleven hundred  seventy
     2  of this article pursuant to a local law, ordinance or resolution adopted
     3  pursuant  to  this  section  shall  be  liable for monetary penalties in
     4  accordance with a schedule of fines and penalties to be  established  in
     5  such  local  law,  ordinance  or  resolution. The liability of the owner
     6  pursuant to this section shall not exceed one hundred dollars  for  each
     7  violation; provided, however, that an adjudicating authority may provide
     8  for  an  additional  penalty of not in excess of twenty-five dollars for
     9  each violation for the failure to respond to a notice of liability with-
    10  in the prescribed period of time.
    11    (f) An imposition of liability under a local law, ordinance or  resol-
    12  ution  adopted pursuant to this section shall not be deemed a conviction
    13  as an operator and shall not be made part of the operating record of the
    14  person upon whom such liability is imposed nor  shall  it  be  used  for
    15  insurance purposes in the provision of motor vehicle insurance coverage.
    16    (g) 1. A notice of liability shall be sent by first class mail to each
    17  person alleged to be liable as an owner for a violation of section elev-
    18  en  hundred  seventy of this article pursuant to this section.  Personal
    19  delivery on the owner shall not  be  required.  A  manual  or  automatic
    20  record  of  mailing prepared in the ordinary course of business shall be
    21  prima facie evidence of the facts contained therein.
    22    2. A notice of liability shall contain the name  and  address  of  the
    23  person alleged to be liable as an owner for a violation of section elev-
    24  en  hundred seventy of this article pursuant to this section, the regis-
    25  tration number of the vehicle involved in such violation,  the  location
    26  where such violation took place, the date and time of such violation and
    27  the  identification number of the camera which recorded the violation or
    28  other document locator number.
    29    3. The notice of liability  shall  contain  information  advising  the
    30  person charged of the manner and the time in which he or she may contest
    31  the liability alleged in the notice. Such notice of liability shall also
    32  contain  a  warning to advise the person charged that failure to contest
    33  in the manner and time provided shall be deemed an admission of  liabil-
    34  ity and that a default judgment may be entered thereon.
    35    4.  The  notice of liability shall be prepared and mailed by the poli-
    36  tical subdivision, or by any other entity authorized by  such  political
    37  subdivision to prepare and mail such notification of violation.
    38    (h)  Adjudication of the liability imposed upon owners by this section
    39  shall be by the court  having  jurisdiction  over  traffic  infractions,
    40  except that if such political subdivision has established an administra-
    41  tive  tribunal  to  hear and determine complaints of traffic infractions
    42  constituting parking, standing or  stopping  violations  such  political
    43  subdivision  may,  by  local  law,  authorize  such adjudication by such
    44  tribunal.
    45    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    46  section  for  any time period during which the vehicle was reported to a
    47  law enforcement agency as having  been  stolen,  it  shall  be  a  valid
    48  defense  to an allegation of liability for a violation of section eleven
    49  hundred seventy of this article pursuant to this section that the  vehi-
    50  cle  had been reported to the police as stolen after the owner found out
    51  it was stolen and had not been  recovered  by  the  time  the  violation
    52  occurred.  For purposes of asserting the defense provided by this subdi-
    53  vision  it  shall be sufficient that a certified copy of a police report
    54  on the stolen vehicle be sent by first class mail to the court or admin-
    55  istrative tribunal having jurisdiction.

        A. 6012--A                          4

     1    (j) 1. In such political subdivision where the adjudication of liabil-
     2  ity imposed upon owners pursuant to this section is by  a  court  having
     3  jurisdiction, an owner who is a lessor of a vehicle to which a notice of
     4  liability  was  issued pursuant to subdivision (g) of this section shall
     5  not  be  liable  for  the violation of section eleven hundred seventy of
     6  this article, provided that he or she sends to the court  having  juris-
     7  diction  a  copy  of  the  rental, lease or other such contract document
     8  covering such vehicle on the date of the violation, with  the  name  and
     9  address  of  the  lessee clearly legible, within thirty-seven days after
    10  receiving notice from the court of the date and time of such  violation,
    11  together  with the other information contained in the original notice of
    12  liability.  Failure to send such information  within  such  thirty-seven
    13  day time period shall render the owner liable for the penalty prescribed
    14  by  this  section. Where the lessor complies with the provisions of this
    15  paragraph, the lessee of such vehicle on  the  date  of  such  violation
    16  shall  be  deemed  to  be the owner of such vehicle for purposes of this
    17  section, shall be subject to liability  for  the  violation  of  section
    18  eleven  hundred  seventy  of  this  article pursuant to this section and
    19  shall be sent a notice of liability pursuant to subdivision (g) of  this
    20  section.
    21    2.  (I) In such political subdivision which has authorized the adjudi-
    22  cation of liability imposed upon owners by this section by  an  adminis-
    23  trative  tribunal,  an  owner  who  is  a lessor of a vehicle to which a
    24  notice of liability was issued  pursuant  to  subdivision  (g)  of  this
    25  section  shall not be liable for the violation of section eleven hundred
    26  seventy of this article, provided that:
    27    (A) prior to the violation, the lessor has filed with the tribunal the
    28  vehicle identification information in accordance with the provisions  of
    29  section two hundred thirty-nine of this chapter; and
    30    (B)  within thirty-seven days after receiving notice from the tribunal
    31  of the date and time of a liability, together with the other information
    32  contained in the original notice of liability, the lessor submits to the
    33  tribunal the correct name and address of the lessee of the vehicle iden-
    34  tified in the notice of liability at the time of such violation, togeth-
    35  er with such other additional information contained in the rental, lease
    36  or other contract document, as may be reasonably required by the  tribu-
    37  nal pursuant to regulations that may be promulgated for such purpose.
    38    (II)  Failure  to  comply  with clause (B) of subparagraph (I) of this
    39  paragraph shall render the owner liable for the  penalty  prescribed  in
    40  this section.
    41    (III) Where the lessor complies with the provisions of this paragraph,
    42  the lessee of such vehicle on the date of such violation shall be deemed
    43  to  be  the owner of such vehicle for purposes of this section, shall be
    44  subject to liability for such violation pursuant  to  this  section  and
    45  shall  be sent a notice of liability pursuant to subdivision (g) of this
    46  section.
    47    (k) 1. If the owner liable for a violation of section  eleven  hundred
    48  seventy of this article pursuant to this section was not the operator of
    49  the  vehicle  at  the  time  of the violation, the owner may maintain an
    50  action for indemnification against the operator.
    51    2. Notwithstanding any other provision of this section, no owner of  a
    52  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    53  section if the operator of such vehicle  was  using  or  operating  such
    54  vehicle  without  the  permission of the owner at the time such operator
    55  failed to obey a railroad sign or signal indicating the  approach  of  a
    56  train.    For  purposes of this subdivision there shall be a presumption

        A. 6012--A                          5

     1  that the operator of such vehicle was using or  operating  such  vehicle
     2  with  the  permission  of  the owner at the time such operator failed to
     3  obey a railroad sign or signal indicating the approach of a train.
     4    (l)  Nothing in this section shall be construed to limit the liability
     5  of an operator of a vehicle for any violation of section eleven  hundred
     6  seventy of this article.
     7    (m)  In  any  such  political subdivision which adopts a demonstration
     8  program pursuant to subdivision (a)  of  this  section,  such  political
     9  subdivision shall submit an annual report on the results of the use of a
    10  railroad  grade crossing photo violation-monitoring system to the gover-
    11  nor, the temporary president of the senate and the speaker of the assem-
    12  bly on or before June first, two thousand twenty and on the same date in
    13  each succeeding year in which the  demonstration  program  is  operable.
    14  Such report shall include, but not be limited to:
    15    1.  a description of the locations where railroad grade crossing photo
    16  violation-monitoring systems were used;
    17    2. the aggregate number, type and severity of  accidents  reported  at
    18  intersections where a railroad grade crossing photo violation-monitoring
    19  system  is  used for the year preceding the installation of such system,
    20  to the extent the information is maintained by the department;
    21    3. the aggregate number, type and severity of  accidents  reported  at
    22  intersections where a railroad grade crossing photo violation-monitoring
    23  system  is  used,  to  the  extent  the information is maintained by the
    24  department;
    25    4. the number of violations recorded  at  each  intersection  where  a
    26  railroad grade crossing photo violation-monitoring system is used and in
    27  the aggregate on a daily, weekly and monthly basis;
    28    5.  the  total  number  of  notices of liability issued for violations
    29  recorded by such systems;
    30    6. the number of fines and total amount  of  fines  paid  after  first
    31  notice of liability issued for violations recorded by such systems;
    32    7.  the  number  of violations adjudicated and results of such adjudi-
    33  cations  including  breakdowns  of  dispositions  made  for   violations
    34  recorded by such systems;
    35    8.  the total amount of revenue realized by such political subdivision
    36  from such adjudications;
    37    9. expenses incurred by such political subdivision in connection  with
    38  the program; and
    39    10. quality of the adjudication process and its results.
    40    (n)  It  shall  be  a  defense  to  any prosecution for a violation of
    41  section eleven hundred seventy of this article pursuant to a  local  law
    42  or  ordinance  adopted pursuant to this section that the railroad signal
    43  indications were malfunctioning at the time of the alleged violation.
    44    § 3. The vehicle and traffic law is amended by adding  a  new  section
    45  1633 to read as follows:
    46    §  1633.  Railroad  grade crossing enforcement; demonstration program.
    47  (a) 1. Notwithstanding any other provision of law, the Long Island  Rail
    48  Road  and  the Metro-North Commuter Railroad (hereinafter referred to as
    49  "the commuter railroads") are hereby authorized and empowered to  imple-
    50  ment a demonstration program imposing monetary liability on the owner of
    51  a  vehicle  for  failure  of  an operator thereof to comply with section
    52  eleven hundred seventy of this  chapter.    Such  demonstration  program
    53  shall  empower  each  of  the commuter railroads to install, operate and
    54  maintain railroad grade crossing photo violation-monitoring  devices  at
    55  any  railroad  grade  crossing  with a sign or signal that indicates the
    56  approach of one of its trains. If installation, operation or maintenance

        A. 6012--A                          6

     1  of equipment pursuant to this section requires entry upon  the  property
     2  of  the  political subdivision, the commuter railroad or its agent shall
     3  first secure permission from such political subdivision  to  enter  upon
     4  the property. All such work shall be performed in accordance with appli-
     5  cable  federal and state requirements and industry safety standards. The
     6  costs associated with the installation, operation and maintenance of the
     7  railroad grade crossing photo violation-monitoring equipment located  on
     8  the  railroad  right  of  way  shall  be borne by the commuter railroad,
     9  provided, however, in any case where the equipment is to be  located  on
    10  both  railroad  property  and the property of the political subdivision,
    11  the terms and conditions for installation, operation and maintenance  of
    12  such  equipment,  including  cost apportionment, if applicable, shall be
    13  determined pursuant to a memorandum of understanding between the  commu-
    14  ter railroad and the political subdivision.
    15    2.  Such demonstration program shall utilize necessary technologies to
    16  ensure, to the extent practicable, that  photographs  produced  by  such
    17  railroad  grade  crossing  photo  violation-monitoring systems shall not
    18  include images that identify the driver, the passengers or the  contents
    19  of  the  vehicle.  Provided,  however that no notice of liability issued
    20  pursuant to this section shall be dismissed solely because a  photograph
    21  or  photographs  allow for the identification of the driver, the passen-
    22  gers or the contents of a vehicle, provided that the  commuter  railroad
    23  has made a reasonable effort to comply with the provisions of this para-
    24  graph.
    25    (b)  Subject  to the provisions of subdivision (a) of this section and
    26  subject to the adjudicatory process of the appropriate political  subdi-
    27  vision,  the  owner  of  a vehicle shall be liable for a penalty imposed
    28  pursuant to this section if such vehicle was used or operated  with  the
    29  permission  of  the  owner,  express or implied, in violation of section
    30  eleven hundred seventy of this chapter, and such violation is  evidenced
    31  by  information obtained from a railroad grade crossing photo violation-
    32  monitoring system; provided, however, that no owner of a  vehicle  shall
    33  be liable for a penalty imposed pursuant to this section where the oper-
    34  ator  of  such vehicle has been convicted of the underlying violation of
    35  section eleven hundred seventy of this chapter.
    36    (c) For purposes of this section, the following terms shall  have  the
    37  following meanings:
    38    1. "Owner" shall have the meaning as provided in article two-B of this
    39  chapter;
    40    2.  "Railroad  grade crossing photo violation-monitoring system" shall
    41  mean a vehicle sensor installed to work in conjunction with  a  railroad
    42  sign or signal which automatically produces two or more photographs, two
    43  or  more  microphotographs, a videotape or other recorded images of each
    44  vehicle at the time it is used or operated in violation of section elev-
    45  en hundred seventy of this chapter;
    46    3. "Political subdivision" shall mean a county, city, town or  village
    47  located  within  the  metropolitan  commuter transportation district, as
    48  such district is defined in section  twelve  hundred  sixty-two  of  the
    49  public authorities law.
    50    4.  "Operator"  shall have the same meaning as provided in section two
    51  hundred thirty-nine of this chapter.
    52    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    53  the commuter railroad where the charged violation occurred, or a facsim-
    54  ile  thereof,  based  upon  inspection or photographs, microphotographs,
    55  videotape or other recorded images produced by a railroad grade crossing
    56  photo violation-monitoring system, shall be prima facie evidence of  the

        A. 6012--A                          7

     1  facts contained therein. Any photographs, microphotographs, videotape or
     2  other recorded images evidencing such a violation shall be available for
     3  inspection  in  any  proceeding  to  adjudicate  the  liability for such
     4  violation pursuant to law.
     5    (e)  An owner liable for a violation of section eleven hundred seventy
     6  of this chapter pursuant to  a  railroad  grade  crossing  demonstration
     7  program  adopted  pursuant  to this section shall be liable for monetary
     8  penalties not to exceed one hundred dollars for each violation provided,
     9  however, that an adjudicating authority may provide  for  an  additional
    10  penalty  of  not in excess of twenty-five dollars for each violation for
    11  the failure to respond to a notice of liability  within  the  prescribed
    12  period of time.
    13    (f)  An  imposition of liability pursuant to this section shall not be
    14  deemed a conviction as an operator and shall not be  made  part  of  the
    15  operating  record  of the person upon whom such liability is imposed nor
    16  shall it be used for insurance purposes in the provision of motor  vehi-
    17  cle insurance coverage.
    18    (g) 1. A notice of liability shall be sent by first class mail to each
    19  person alleged to be liable as an owner for a violation of section elev-
    20  en  hundred  seventy of this chapter pursuant to this section and a copy
    21  of such notice shall be sent by first class mail to the political subdi-
    22  vision. Personal delivery on the owner shall not be required.  A  manual
    23  or  automatic record of mailing prepared in the ordinary course of busi-
    24  ness shall be prima facie evidence of the facts contained therein.
    25    2. A notice of liability shall contain the name  and  address  of  the
    26  person alleged to be liable as an owner for a violation of section elev-
    27  en  hundred seventy of this chapter pursuant to this section, the regis-
    28  tration number of the vehicle involved in such violation,  the  location
    29  where such violation took place, the date and time of such violation and
    30  the  identification number of the camera which recorded the violation or
    31  other document locator number.
    32    3. The notice of liability  shall  contain  information  advising  the
    33  person charged of the manner and the time in which he or she may contest
    34  the liability alleged in the notice. Such notice of liability shall also
    35  contain  a  warning to advise the person charged that failure to contest
    36  the manner and time provided shall be deemed an admission  of  liability
    37  and that a default judgment may be entered thereon.
    38    4.  The notice of liability shall be prepared and mailed by the commu-
    39  ter railroad, or by any other entity authorized by such  commuter  rail-
    40  road to prepare and mail such notification of violation.
    41    (h)  Adjudication of the liability imposed upon owners by this section
    42  shall be by the court  having  jurisdiction  over  traffic  infractions,
    43  except that if a political subdivision has established an administrative
    44  tribunal to hear and determine complaints of traffic infractions consti-
    45  tuting parking, standing or stopping violations, such political subdivi-
    46  sion may, by local law, authorize such adjudication by such tribunal.
    47    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    48  section for any time period during which the vehicle was reported  to  a
    49  law  enforcement  agency  as  having  been  stolen,  it shall be a valid
    50  defense to an allegation of liability for a violation of section  eleven
    51  hundred  seventy of this chapter pursuant to this section that the vehi-
    52  cle had been reported to the police as stolen after the owner found  out
    53  it  was  stolen  and  had  not  been recovered by the time the violation
    54  occurred.  For purposes of asserting the defense provided by this subdi-
    55  vision it shall be sufficient that a certified copy of a  police  report

        A. 6012--A                          8

     1  on the stolen vehicle be sent by first class mail to the court or admin-
     2  istrative tribunal having jurisdiction or parking violations bureau.
     3    (j)  1. In any political subdivision where the adjudication of liabil-
     4  ity imposed upon owners pursuant to this section is by  a  court  having
     5  jurisdiction, an owner who is a lessor of a vehicle to which a notice of
     6  liability  was  issued pursuant to subdivision (g) of this section shall
     7  not be liable for the violation of section  eleven  hundred  seventy  of
     8  this  chapter,  provided that he or she sends to the court having juris-
     9  diction a copy of the rental, lease  or  other  such  contract  document
    10  covering  such  vehicle  on the date of the violation, with the name and
    11  address of the lessee clearly legible, within  thirty-seven  days  after
    12  receiving  notice from the court of the date and time of such violation,
    13  together with the other information contained in the original notice  of
    14  liability. Failure to send such information within such thirty-seven day
    15  time  period shall render the owner liable for the penalty prescribed by
    16  this section. Where the lessor complies  with  the  provisions  of  this
    17  paragraph,  the  lessee  of  such  vehicle on the date of such violation
    18  shall be deemed to be the owner of such vehicle  for  purposes  of  this
    19  section,  shall  be  subject  to  liability for the violation of section
    20  eleven hundred seventy of this chapter  pursuant  to  this  section  and
    21  shall  be sent a notice of liability pursuant to subdivision (g) of this
    22  section.
    23    2. (i) In any political subdivision which has authorized  the  adjudi-
    24  cation  of  liability imposed upon owners by this section by an adminis-
    25  trative tribunal, an owner who is a lessor  of  a  vehicle  to  which  a
    26  notice  of  liability  was  issued  pursuant  to subdivision (g) of this
    27  section shall not be liable for the violation of section eleven  hundred
    28  seventy of this chapter, provided that:
    29    (A) Prior to the violation, the lessor has filed with the tribunal the
    30  vehicle  identification information in accordance with the provisions of
    31  section two hundred thirty-nine of this chapter; and
    32    (B) Within thirty-seven days after receiving notice from the  tribunal
    33  of the date and time of a liability, together with the other information
    34  contained in the original notice of liability, the lessor submits to the
    35  tribunal the correct name and address of the lessee of the vehicle iden-
    36  tified in the notice of liability at the time of such violation, togeth-
    37  er with such other additional information contained in the rental, lease
    38  or  other contract document, as may be reasonably required by the tribu-
    39  nal pursuant to regulations that may be promulgated for such purpose.
    40    (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this
    41  paragraph  shall  render  the owner liable for the penalty prescribed in
    42  this section.
    43    (iii) Where the lessor complies with the provisions of this paragraph,
    44  the lessee of such vehicle on the date of such violation shall be deemed
    45  to be the owner of such vehicle for purposes of this section,  shall  be
    46  subject  to  liability  for  such violation pursuant to this section and
    47  shall be sent a notice of liability pursuant to subdivision (g) of  this
    48  section.
    49    (k)  1.  If the owner liable for a violation of section eleven hundred
    50  seventy of this chapter pursuant to this section was not the operator of
    51  the vehicle at the time of the violation,  the  owner  may  maintain  an
    52  action for indemnification against the operator.
    53    2.  Notwithstanding any other provision of this section, no owner of a
    54  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    55  section  if  the  operator  of  such vehicle was using or operating such
    56  vehicle without the permission of the owner at the  time  such  operator

        A. 6012--A                          9

     1  failed  to  obey  a railroad sign or signal indicating the approach of a
     2  train. For purposes of this subdivision there  shall  be  a  presumption
     3  that  the  operator  of such vehicle was using or operating such vehicle
     4  with  the  permission  of  the owner at the time such operator failed to
     5  obey a railroad sign or signal indicating the approach of a train.
     6    (l) Nothing in this section shall be construed to limit the  liability
     7  of  an operator of a vehicle for any violation of section eleven hundred
     8  seventy of this chapter.
     9    (m) Where a commuter railroad adopts a demonstration program  pursuant
    10  to subdivision (a) of this section, such railroad shall submit an annual
    11  report  on  the  results  of  the use of a railroad grade crossing photo
    12  violation-monitoring system to the governor, the temporary president  of
    13  the  senate  and  speaker  of  the assembly on or before June first, two
    14  thousand twenty and on the same date in each succeeding  year  in  which
    15  the  demonstration  program  is operable. Such report shall include, but
    16  not be limited to:
    17    1. a description of the locations where railroad grade crossing  photo
    18  violation-monitoring systems were used;
    19    2.  the  aggregate  number, type and severity of accidents reported at
    20  intersections where a railroad grade crossing photo violation-monitoring
    21  system is used for the year preceding the installation of  such  system,
    22  to the extent the information is maintained by the department;
    23    3.  the  aggregate  number, type and severity of accidents reported at
    24  intersections where a railroad grade crossing photo violation-monitoring
    25  system is used, to the extent  the  information  is  maintained  by  the
    26  department;
    27    4.  the  number  of  violations  recorded at each intersection where a
    28  railroad grade crossing photo violation-monitoring system is used and in
    29  the aggregate on a daily, weekly and monthly basis;
    30    5. the total number of notices  of  liability  issued  for  violations
    31  recorded by such systems;
    32    6.  the  number  of  fines  and total amount of fines paid after first
    33  notice of liability issued for violations recorded by such systems;
    34    7. the number of violations adjudicated and results  of  such  adjudi-
    35  cations   including  breakdowns  of  dispositions  made  for  violations
    36  recorded by such systems;
    37    8. the total amount of revenue realized by  all  applicable  political
    38  subdivisions from such adjudications;
    39    9.  expenses incurred by such commuter railroad and political subdivi-
    40  sion in connection with the program; and
    41    10. quality of the adjudication process and its results.
    42    (n) It shall be a defense  to  any  prosecution  for  a  violation  of
    43  section  eleven  hundred seventy of this chapter pursuant to a local law
    44  or ordinance adopted pursuant to this section  that  there  is  verified
    45  evidence that the railroad signal indications were malfunctioning at the
    46  time of the alleged violation.
    47    §  4.  The  opening  paragraph of subdivision 1 of section 1803 of the
    48  vehicle and traffic law, as amended by chapter 385 of the laws of  1999,
    49  is amended to read as follows:
    50    Except  as  otherwise  provided  in  subdivision  five  of section two
    51  hundred twenty-seven of this chapter, section eleven  hundred  seventy-a
    52  of  this  chapter,  section sixteen hundred thirty-three of this chapter
    53  and as provided in section eleven hundred ninety-seven of this  chapter,
    54  section  ninety of the state finance law and sections fourteen-f and one
    55  hundred forty  of  the  transportation  law,  all  fines  and  penalties
    56  collected  under  a sentence or judgment of conviction of a violation of

        A. 6012--A                         10

     1  this chapter or of any act relating to the  use  of  highways  by  motor
     2  vehicles  or  trailers,  now  in  force  or  hereafter enacted, shall be
     3  distributed in the following manner:
     4    §  5. Section 1803 of the vehicle and traffic law is amended by adding
     5  a new subdivision 10 to read as follows:
     6    10. Where a commuter railroad establishes a  railroad  grade  crossing
     7  demonstration  program  pursuant to section sixteen hundred thirty-three
     8  of this chapter, all fines, penalties and forfeitures collected pursuant
     9  to such section shall be paid to the county, city, town or village with-
    10  in whose jurisdiction the subject railroad grade crossing is located.
    11    § 6. Subdivision 2 of section 87 of the public officers law is amended
    12  by adding a new paragraph (q) to read as follows:
    13    (q) are photographs, microphotographs,  videotape  or  other  recorded
    14  images  prepared under the authority of section eleven hundred seventy-a
    15  of the vehicle and traffic law.
    16    § 7. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law, and shall expire and be deemed repealed 5 years after
    18  such effective date.
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