Bill Text: NY S03861 | 2019-2020 | 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 - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S03861 Detail]

Download: New_York-2019-S03861-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3861
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 20, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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-c of  the  vehicle
    19  and  traffic law, as added by chapter 43 of the laws of 2014, 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10019-01-9
        S. 3861                             2
     1  place, the date and time of such violation, the identification number of
     2  the  camera  which  recorded  the  violation  or  other document locator
     3  number, at least two date and time stamped images of  the  rear  of  the
     4  motor  vehicle  that  include  the same stationary object near the motor
     5  vehicle, and the signed certificate charging the liability.
     6    (ii) If any information that is required to be inserted in a notice of
     7  liability is omitted from such  notice  of  liability,  misdescribed  or
     8  illegible,  the  violation  shall  be  dismissed upon application of the
     9  person alleged to be liable for the violation.
    10    § 3. This act shall take effect immediately; provided,  however,  that
    11  the  amendments  to  paragraph 2 of subdivision (g) of section 1180-b of
    12  the vehicle and traffic law made by section one  of  this  act  and  the
    13  amendments  to  paragraph  2 of subdivision (g) of section 1180-c of the
    14  vehicle and traffic law made by section two of this act shall not affect
    15  the repeal of such sections and shall be deemed repealed therewith.