Bill Text: NY A09219 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits a violation captured by a speed camera to be dismissed upon the application of the person alleged to be liable for such violation if any information that is required to be inserted in the notice of liability is omitted from such notice of liability, misdescribed or illegible.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-16 - referred to transportation [A09219 Detail]

Download: New_York-2023-A09219-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9219

                   IN ASSEMBLY

                                    February 16, 2024
                                       ___________

        Introduced by M. of A. REILLY -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to the contents
          of a notice of liability issued for a speed camera violation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 2 of subdivision (g) of  section  1180-b  of  the
     2  vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
     3  amended to read as follows:
     4    2. (i) A notice of liability shall contain the name and address of the
     5  person  alleged  to be liable as an owner for a violation of subdivision
     6  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
     7  cle pursuant to this section, the registration  number  of  the  vehicle
     8  involved  in  such  violation,  the  location  where such violation took
     9  place, the date and time of such violation, the identification number of
    10  the camera which  recorded  the  violation  or  other  document  locator
    11  number,  at  least  two  date and time stamped images of the rear of the
    12  motor vehicle that include the same stationary  object  near  the  motor
    13  vehicle, and the signed certificate charging the liability.
    14    (ii) If any information that is required to be inserted in a notice of
    15  liability  is  omitted  from  such  notice of liability, misdescribed or
    16  illegible, the violation shall be  dismissed  upon  application  of  the
    17  person alleged to be liable for the violation.
    18    §  2.  Paragraph 2 of subdivision (g) of section 1180-d of the vehicle
    19  and traffic law, as added by chapter 148 of the laws of 2019, is amended
    20  to read as follows:
    21    2. (i) A notice of liability shall contain the name and address of the
    22  person alleged to be liable as an owner for a violation  of  subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    24  cle  pursuant  to  this  section, the registration number of the vehicle
    25  involved in such violation,  the  location  where  such  violation  took
    26  place, the date and time of such violation, the identification number of
    27  the  camera  which  recorded  the  violation  or  other document locator
    28  number, at least two date and time stamped images of  the  rear  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08754-01-3
        A. 9219                             2

     1  motor  vehicle  that  include  the same stationary object near the motor
     2  vehicle, and the signed certificate charging the liability.
     3    (ii) If any information that is required to be inserted in a notice of
     4  liability  is  omitted  from  such  notice of liability, misdescribed or
     5  illegible, the violation shall be  dismissed  upon  application  of  the
     6  person alleged to be liable for the violation.
     7    §  3.  This act shall take effect immediately; provided, however, that
     8  the amendments to paragraph 2 of subdivision (g) of  section  1180-b  of
     9  the  vehicle  and  traffic  law  made by section one of this act and the
    10  amendments to paragraph 2 of subdivision (g) of section  1180-d  of  the
    11  vehicle and traffic law made by section two of this act shall not affect
    12  the repeal of such sections and shall be deemed repealed therewith.