Bill Text: NY S04089 | 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 3-0)
Status: (Engrossed - Dead) 2020-07-21 - referred to transportation [S04089 Detail]
Download: New_York-2019-S04089-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4089--A Cal. No. 254 2019-2020 Regular Sessions IN SENATE February 27, 2019 ___________ Introduced by Sens. THOMAS, CARLUCCI, GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 highway4or 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10015-04-9S. 4089--A 2 1 crossing photo violation-monitoring devices at any railroad grade cross- 2 ing within its jurisdiction. If installation, operation or maintenance 3 of equipment pursuant to this section requires entry upon the property 4 of the commuter railroad, the political subdivision or its agent shall 5 first secure permission from such railroad to enter upon the property. 6 All such work shall be performed in accordance with applicable federal 7 and state requirements and industry safety standards. The cost of such 8 photo violation-monitoring devices may be borne by the political subdi- 9 vision, a commuter railroad operating within the political subdivision, 10 or a combination of both such political subdivision and commuter rail- 11 road pursuant to a memorandum of understanding. 12 2. Such demonstration program shall utilize necessary technologies to 13 ensure, to the extent practicable, that photographs produced by such 14 railroad grade crossing photo violation-monitoring systems shall not 15 include images that identify the driver, the passengers or the contents 16 of the vehicle. Provided, however, that no notice of liability issued 17 pursuant to this section shall be dismissed solely because a photograph 18 or photographs allow for the identification of the contents of a vehi- 19 cle, provided that such political subdivision has made a reasonable 20 effort to comply with the provisions of this paragraph. 21 (b) Within the jurisdiction of any such political subdivision which 22 has adopted a local law, ordinance or resolution pursuant to subdivision 23 (a) of this section, the owner of a vehicle shall be liable for a penal- 24 ty imposed pursuant to this section if such vehicle was used or operated 25 with the permission of the owner, express or implied, in violation of 26 section eleven hundred seventy of this article, and such violation is 27 evidenced by information obtained from a railroad grade crossing photo 28 violation-monitoring system; provided, however, that no owner of a vehi- 29 cle shall be liable for a penalty imposed pursuant to this section where 30 the operator of such vehicle has been convicted of the underlying 31 violation of section eleven hundred seventy of this article. 32 (c) For purposes of this section, the following terms shall have the 33 following meanings: 34 1. "Owner" shall have the meaning provided in article two-B of this 35 chapter. 36 2. "Railroad grade crossing photo violation-monitoring system" shall 37 mean a vehicle sensor installed to work in conjunction with a railroad 38 sign or signal which automatically produces two or more photographs, two 39 or more microphotographs, a videotape or other recorded images of each 40 vehicle at the time it is used or operated in violation of section elev- 41 en hundred seventy of this article. 42 3. "Political subdivision" shall mean a county, city, town or village 43 located within the metropolitan commuter transportation district, as 44 defined in section twelve hundred sixty-two of the public authorities 45 law. 46 4. "Commuter railroad" shall mean a railroad owned and operated by the 47 metropolitan transportation authority and located within the metropol- 48 itan commuter transportation district, as defined in section twelve 49 hundred sixty-two of the public authorities law. 50 5. "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 political subdivision in which the charged violation occurred, or a 54 facsimile thereof, based upon inspection of photographs, microphoto- 55 graphs, videotape or other recorded images produced by a railroad grade 56 crossing photo violation-monitoring system, shall be prima facieS. 4089--A 3 1 evidence of the facts contained therein. Any photographs, microphoto- 2 graphs, videotape or other recorded images evidencing such a violation 3 shall be available for inspection in any proceeding to adjudicate the 4 liability for such violation pursuant to a local law, ordinance or 5 resolution adopted pursuant to this section. 6 (e) An owner liable for a violation of section eleven hundred seventy 7 of this article pursuant to a local law, ordinance or resolution adopted 8 pursuant to this section shall be liable for monetary penalties in 9 accordance with a schedule of fines and penalties to be established in 10 such local law, ordinance or resolution. The liability of the owner 11 pursuant to this section shall not exceed one hundred dollars for each 12 violation; provided, however, that an adjudicating authority may provide 13 for an additional penalty of not in excess of twenty-five dollars for 14 each violation for the failure to respond to a notice of liability with- 15 in the prescribed period of time. 16 (f) An imposition of liability under a local law, ordinance or resol- 17 ution adopted pursuant to this section shall not be deemed a conviction 18 as an operator and shall not be made part of the operating record of the 19 person upon whom such liability is imposed nor shall it be used for 20 insurance purposes in the provision of motor vehicle insurance coverage. 21 (g) 1. A notice of liability shall be sent by first class mail to each 22 person alleged to be liable as an owner for a violation of section elev- 23 en hundred seventy of this article pursuant to this section. Personal 24 delivery on the owner shall not be required. A manual or automatic 25 record of mailing prepared in the ordinary course of business shall be 26 prima facie evidence of the facts contained therein. 27 2. A notice of liability shall contain the name and address of the 28 person alleged to be liable as an owner for a violation of section elev- 29 en hundred seventy of this article pursuant to this section, the regis- 30 tration number of the vehicle involved in such violation, the location 31 where such violation took place, the date and time of such violation and 32 the identification number of the camera which recorded the violation or 33 other document locator number. 34 3. The notice of liability shall contain information advising the 35 person charged of the manner and the time in which he or she may contest 36 the liability alleged in the notice. Such notice of liability shall also 37 contain a warning to advise the person charged that failure to contest 38 in the manner and time provided shall be deemed an admission of liabil- 39 ity and that a default judgment may be entered thereon. 40 4. The notice of liability shall be prepared and mailed by the poli- 41 tical subdivision, or by any other entity authorized by such political 42 subdivision to prepare and mail such notification of violation. 43 (h) Adjudication of the liability imposed upon owners by this section 44 shall be by the court having jurisdiction over traffic infractions, 45 except that if such political subdivision has established an administra- 46 tive tribunal to hear and determine complaints of traffic infractions 47 constituting parking, standing or stopping violations such political 48 subdivision may, by local law, authorize such adjudication by such 49 tribunal. 50 (i) If an owner receives a notice of liability pursuant to this 51 section for any time period during which the vehicle was reported to a 52 law enforcement agency as having been stolen, it shall be a valid 53 defense to an allegation of liability for a violation of section eleven 54 hundred seventy of this article pursuant to this section that the vehi- 55 cle had been reported to the police as stolen after the owner found out 56 it was stolen and had not been recovered by the time the violationS. 4089--A 4 1 occurred. For purposes of asserting the defense provided by this subdi- 2 vision it shall be sufficient that a certified copy of a police report 3 on the stolen vehicle be sent by first class mail to the court or admin- 4 istrative tribunal having jurisdiction. 5 (j) 1. In such political subdivision where the adjudication of liabil- 6 ity imposed upon owners pursuant to this section is by a court having 7 jurisdiction, an owner who is a lessor of a vehicle to which a notice of 8 liability was issued pursuant to subdivision (g) of this section shall 9 not be liable for the violation of section eleven hundred seventy of 10 this article, provided that he or she sends to the court having juris- 11 diction a copy of the rental, lease or other such contract document 12 covering such vehicle on the date of the violation, with the name and 13 address of the lessee clearly legible, within thirty-seven days after 14 receiving notice from the court of the date and time of such violation, 15 together with the other information contained in the original notice of 16 liability. Failure to send such information within such thirty-seven 17 day time period shall render the owner liable for the penalty prescribed 18 by this section. Where the lessor complies with the provisions of this 19 paragraph, the lessee of such vehicle on the date of such violation 20 shall be deemed to be the owner of such vehicle for purposes of this 21 section, shall be subject to liability for the violation of section 22 eleven hundred seventy of this article pursuant to this section and 23 shall be sent a notice of liability pursuant to subdivision (g) of this 24 section. 25 2. (I) In such political subdivision which has authorized the adjudi- 26 cation of liability imposed upon owners by this section by an adminis- 27 trative tribunal, an owner who is a lessor of a vehicle to which a 28 notice of liability was issued pursuant to subdivision (g) of this 29 section shall not be liable for the violation of section eleven hundred 30 seventy of this article, provided that: 31 (A) prior to the violation, the lessor has filed with the tribunal the 32 vehicle identification information in accordance with the provisions of 33 section two hundred thirty-nine of this chapter; and 34 (B) within thirty-seven days after receiving notice from the tribunal 35 of the date and time of a liability, together with the other information 36 contained in the original notice of liability, the lessor submits to the 37 tribunal the correct name and address of the lessee of the vehicle iden- 38 tified in the notice of liability at the time of such violation, togeth- 39 er with such other additional information contained in the rental, lease 40 or other contract document, as may be reasonably required by the tribu- 41 nal pursuant to regulations that may be promulgated for such purpose. 42 (II) Failure to comply with clause (B) of subparagraph (I) of this 43 paragraph shall render the owner liable for the penalty prescribed in 44 this section. 45 (III) Where the lessor complies with the provisions of this paragraph, 46 the lessee of such vehicle on the date of such violation shall be deemed 47 to be the owner of such vehicle for purposes of this section, shall be 48 subject to liability for such violation pursuant to this section and 49 shall be sent a notice of liability pursuant to subdivision (g) of this 50 section. 51 (k) 1. If the owner liable for a violation of section eleven hundred 52 seventy of this article pursuant to this section was not the operator of 53 the vehicle at the time of the violation, the owner may maintain an 54 action for indemnification against the operator. 55 2. Notwithstanding any other provision of this section, no owner of a 56 vehicle shall be subject to a monetary fine imposed pursuant to thisS. 4089--A 5 1 section if the operator of such vehicle was using or operating such 2 vehicle without the permission of the owner at the time such operator 3 failed to obey a railroad sign or signal indicating the approach of a 4 train. For purposes of this subdivision there shall be a presumption 5 that the operator of such vehicle was using or operating such vehicle 6 with the permission of the owner at the time such operator failed to 7 obey a railroad sign or signal indicating the approach of a train. 8 (l) Nothing in this section shall be construed to limit the liability 9 of an operator of a vehicle for any violation of section eleven hundred 10 seventy of this article. 11 (m) In any such political subdivision which adopts a demonstration 12 program pursuant to subdivision (a) of this section, such political 13 subdivision shall submit an annual report on the results of the use of a 14 railroad grade crossing photo violation-monitoring system to the gover- 15 nor, the temporary president of the senate and the speaker of the assem- 16 bly on or before June first, two thousand twenty and on the same date in 17 each succeeding year in which the demonstration program is operable. 18 Such report shall include, but not be limited to: 19 1. a description of the locations where railroad grade crossing photo 20 violation-monitoring systems were used; 21 2. the aggregate number, type and severity of accidents reported at 22 intersections where a railroad grade crossing photo violation-monitoring 23 system is used for the year preceding the installation of such system, 24 to the extent the information is maintained by the department; 25 3. the aggregate number, type and severity of accidents reported at 26 intersections where a railroad grade crossing photo violation-monitoring 27 system is used, to the extent the information is maintained by the 28 department; 29 4. the number of violations recorded at each intersection where a 30 railroad grade crossing photo violation-monitoring system is used and in 31 the aggregate on a daily, weekly and monthly basis; 32 5. the total number of notices of liability issued for violations 33 recorded by such systems; 34 6. the number of fines and total amount of fines paid after first 35 notice of liability issued for violations recorded by such systems; 36 7. the number of violations adjudicated and results of such adjudi- 37 cations including breakdowns of dispositions made for violations 38 recorded by such systems; 39 8. the total amount of revenue realized by such political subdivision 40 from such adjudications; 41 9. expenses incurred by such political subdivision in connection with 42 the program; and 43 10. quality of the adjudication process and its results. 44 (n) It shall be a defense to any prosecution for a violation of 45 section eleven hundred seventy of this article pursuant to a local law 46 or ordinance adopted pursuant to this section that the railroad signal 47 indications were malfunctioning at the time of the alleged violation. 48 § 3. The vehicle and traffic law is amended by adding a new section 49 1633 to read as follows: 50 § 1633. Railroad grade crossing enforcement; demonstration program. 51 (a) 1. Notwithstanding any other provision of law, the Long Island Rail 52 Road and the Metro-North Commuter Railroad (hereinafter referred to as 53 "the commuter railroads") are hereby authorized and empowered to imple- 54 ment a demonstration program imposing monetary liability on the owner of 55 a vehicle for failure of an operator thereof to comply with section 56 eleven hundred seventy of this chapter. Such demonstration programS. 4089--A 6 1 shall empower each of the commuter railroads to install, operate and 2 maintain railroad grade crossing photo violation-monitoring devices at 3 any railroad grade crossing with a sign or signal that indicates the 4 approach of one of its trains. If installation, operation or maintenance 5 of equipment pursuant to this section requires entry upon the property 6 of the political subdivision, the commuter railroad or its agent shall 7 first secure permission from such political subdivision to enter upon 8 the property. All such work shall be performed in accordance with appli- 9 cable federal and state requirements and industry safety standards. The 10 costs associated with the installation, operation and maintenance of the 11 railroad grade crossing photo violation-monitoring equipment located on 12 the railroad right of way shall be borne by the commuter railroad, 13 provided, however, in any case where the equipment is to be located on 14 both railroad property and the property of the political subdivision, 15 the terms and conditions for installation, operation and maintenance of 16 such equipment, including cost apportionment, if applicable, shall be 17 determined pursuant to a memorandum of understanding between the commu- 18 ter railroad and the political subdivision. 19 2. Such demonstration program shall utilize necessary technologies to 20 ensure, to the extent practicable, that photographs produced by such 21 railroad grade crossing photo violation-monitoring systems shall not 22 include images that identify the driver, the passengers or the contents 23 of the vehicle. Provided, however that no notice of liability issued 24 pursuant to this section shall be dismissed solely because a photograph 25 or photographs allow for the identification of the driver, the passen- 26 gers or the contents of a vehicle, provided that the commuter railroad 27 has made a reasonable effort to comply with the provisions of this para- 28 graph. 29 (b) Subject to the provisions of subdivision (a) of this section and 30 subject to the adjudicatory process of the appropriate political subdi- 31 vision, the owner of a vehicle shall be liable for a penalty imposed 32 pursuant to this section if such vehicle was used or operated with the 33 permission of the owner, express or implied, in violation of section 34 eleven hundred seventy of this chapter, and such violation is evidenced 35 by information obtained from a railroad grade crossing photo violation- 36 monitoring system; provided, however, that no owner of a vehicle shall 37 be liable for a penalty imposed pursuant to this section where the oper- 38 ator of such vehicle has been convicted of the underlying violation of 39 section eleven hundred seventy of this chapter. 40 (c) For purposes of this section, the following terms shall have the 41 following meanings: 42 1. "Owner" shall have the meaning as provided in article two-B of this 43 chapter; 44 2. "Railroad grade crossing photo violation-monitoring system" shall 45 mean a vehicle sensor installed to work in conjunction with a railroad 46 sign or signal which automatically produces two or more photographs, two 47 or more microphotographs, a videotape or other recorded images of each 48 vehicle at the time it is used or operated in violation of section elev- 49 en hundred seventy of this chapter; 50 3. "Political subdivision" shall mean a county, city, town or village 51 located within the metropolitan commuter transportation district, as 52 such district is defined in section twelve hundred sixty-two of the 53 public authorities law. 54 4. "Operator" shall have the same meaning as provided in section two 55 hundred thirty-nine of this chapter.S. 4089--A 7 1 (d) A certificate, sworn to or affirmed by a technician employed by 2 the commuter railroad where the charged violation occurred, or a facsim- 3 ile thereof, based upon inspection or photographs, microphotographs, 4 videotape or other recorded images produced by a railroad grade crossing 5 photo violation-monitoring system, shall be prima facie evidence of the 6 facts contained therein. Any photographs, microphotographs, videotape or 7 other recorded images evidencing such a violation shall be available for 8 inspection in any proceeding to adjudicate the liability for such 9 violation pursuant to law. 10 (e) An owner liable for a violation of section eleven hundred seventy 11 of this chapter pursuant to a railroad grade crossing demonstration 12 program adopted pursuant to this section shall be liable for monetary 13 penalties not to exceed one hundred dollars for each violation provided, 14 however, that an adjudicating authority may provide for an additional 15 penalty of not in excess of twenty-five dollars for each violation for 16 the failure to respond to a notice of liability within the prescribed 17 period of time. 18 (f) An imposition of liability pursuant to this section shall not be 19 deemed a conviction as an operator and shall not be made part of the 20 operating record of the person upon whom such liability is imposed nor 21 shall it be used for insurance purposes in the provision of motor vehi- 22 cle insurance coverage. 23 (g) 1. A notice of liability shall be sent by first class mail to each 24 person alleged to be liable as an owner for a violation of section elev- 25 en hundred seventy of this chapter pursuant to this section and a copy 26 of such notice shall be sent by first class mail to the political subdi- 27 vision. Personal delivery on the owner shall not be required. A manual 28 or automatic record of mailing prepared in the ordinary course of busi- 29 ness shall be prima facie evidence of the facts contained therein. 30 2. A notice of liability shall contain the name and address of the 31 person alleged to be liable as an owner for a violation of section elev- 32 en hundred seventy of this chapter pursuant to this section, the regis- 33 tration number of the vehicle involved in such violation, the location 34 where such violation took place, the date and time of such violation and 35 the identification number of the camera which recorded the violation or 36 other document locator number. 37 3. The notice of liability shall contain information advising the 38 person charged of the manner and the time in which he or she may contest 39 the liability alleged in the notice. Such notice of liability shall also 40 contain a warning to advise the person charged that failure to contest 41 the manner and time provided shall be deemed an admission of liability 42 and that a default judgment may be entered thereon. 43 4. The notice of liability shall be prepared and mailed by the commu- 44 ter railroad, or by any other entity authorized by such commuter rail- 45 road to prepare and mail such notification of violation. 46 (h) Adjudication of the liability imposed upon owners by this section 47 shall be by the court having jurisdiction over traffic infractions, 48 except that if a political subdivision has established an administrative 49 tribunal to hear and determine complaints of traffic infractions consti- 50 tuting parking, standing or stopping violations, such political subdivi- 51 sion may, by local law, authorize such adjudication by such tribunal. 52 (i) If an owner receives a notice of liability pursuant to this 53 section for any time period during which the vehicle was reported to a 54 law enforcement agency as having been stolen, it shall be a valid 55 defense to an allegation of liability for a violation of section eleven 56 hundred seventy of this chapter pursuant to this section that the vehi-S. 4089--A 8 1 cle had been reported to the police as stolen after the owner found out 2 it was stolen and had not been recovered by the time the violation 3 occurred. For purposes of asserting the defense provided by this subdi- 4 vision it shall be sufficient that a certified copy of a police report 5 on the stolen vehicle be sent by first class mail to the court or admin- 6 istrative tribunal having jurisdiction or parking violations bureau. 7 (j) 1. In any political subdivision where the adjudication of liabil- 8 ity imposed upon owners pursuant to this section is by a court having 9 jurisdiction, an owner who is a lessor of a vehicle to which a notice of 10 liability was issued pursuant to subdivision (g) of this section shall 11 not be liable for the violation of section eleven hundred seventy of 12 this chapter, provided that he or she sends to the court having juris- 13 diction a copy of the rental, lease or other such contract document 14 covering such vehicle on the date of the violation, with the name and 15 address of the lessee clearly legible, within thirty-seven days after 16 receiving notice from the court of the date and time of such violation, 17 together with the other information contained in the original notice of 18 liability. Failure to send such information within such thirty-seven day 19 time period shall render the owner liable for the penalty prescribed by 20 this section. Where the lessor complies with the provisions of this 21 paragraph, the lessee of such vehicle on the date of such violation 22 shall be deemed to be the owner of such vehicle for purposes of this 23 section, shall be subject to liability for the violation of section 24 eleven hundred seventy of this chapter pursuant to this section and 25 shall be sent a notice of liability pursuant to subdivision (g) of this 26 section. 27 2. (i) In any political subdivision which has authorized the adjudi- 28 cation of liability imposed upon owners by this section by an adminis- 29 trative tribunal, an owner who is a lessor of a vehicle to which a 30 notice of liability was issued pursuant to subdivision (g) of this 31 section shall not be liable for the violation of section eleven hundred 32 seventy of this chapter, provided that: 33 (A) Prior to the violation, the lessor has filed with the tribunal the 34 vehicle identification information in accordance with the provisions of 35 section two hundred thirty-nine of this chapter; and 36 (B) Within thirty-seven days after receiving notice from the tribunal 37 of the date and time of a liability, together with the other information 38 contained in the original notice of liability, the lessor submits to the 39 tribunal the correct name and address of the lessee of the vehicle iden- 40 tified in the notice of liability at the time of such violation, togeth- 41 er with such other additional information contained in the rental, lease 42 or other contract document, as may be reasonably required by the tribu- 43 nal pursuant to regulations that may be promulgated for such purpose. 44 (ii) Failure to comply with clause (B) of subparagraph (i) of this 45 paragraph shall render the owner liable for the penalty prescribed in 46 this section. 47 (iii) Where the lessor complies with the provisions of this paragraph, 48 the lessee of such vehicle on the date of such violation shall be deemed 49 to be the owner of such vehicle for purposes of this section, shall be 50 subject to liability for such violation pursuant to this section and 51 shall be sent a notice of liability pursuant to subdivision (g) of this 52 section. 53 (k) 1. If the owner liable for a violation of section eleven hundred 54 seventy of this chapter pursuant to this section was not the operator of 55 the vehicle at the time of the violation, the owner may maintain an 56 action for indemnification against the operator.S. 4089--A 9 1 2. Notwithstanding any other provision of this section, no owner of a 2 vehicle shall be subject to a monetary fine imposed pursuant to this 3 section if the operator of such vehicle was using or operating such 4 vehicle without the permission of the owner at the time such operator 5 failed to obey a railroad sign or signal indicating the approach of a 6 train. For purposes of this subdivision there shall be a presumption 7 that the operator of such vehicle was using or operating such vehicle 8 with the permission of the owner at the time such operator failed to 9 obey a railroad sign or signal indicating the approach of a train. 10 (l) Nothing in this section shall be construed to limit the liability 11 of an operator of a vehicle for any violation of section eleven hundred 12 seventy of this chapter. 13 (m) Where a commuter railroad adopts a demonstration program pursuant 14 to subdivision (a) of this section, such railroad shall submit an annual 15 report on the results of the use of a railroad grade crossing photo 16 violation-monitoring system to the governor, the temporary president of 17 the senate and speaker of the assembly on or before June first, two 18 thousand twenty and on the same date in each succeeding year in which 19 the demonstration program is operable. Such report shall include, but 20 not be limited to: 21 1. a description of the locations where railroad grade crossing photo 22 violation-monitoring systems were used; 23 2. the aggregate number, type and severity of accidents reported at 24 intersections where a railroad grade crossing photo violation-monitoring 25 system is used for the year preceding the installation of such system, 26 to the extent the information is maintained by the department; 27 3. the aggregate number, type and severity of accidents reported at 28 intersections where a railroad grade crossing photo violation-monitoring 29 system is used, to the extent the information is maintained by the 30 department; 31 4. the number of violations recorded at each intersection where a 32 railroad grade crossing photo violation-monitoring system is used and in 33 the aggregate on a daily, weekly and monthly basis; 34 5. the total number of notices of liability issued for violations 35 recorded by such systems; 36 6. the number of fines and total amount of fines paid after first 37 notice of liability issued for violations recorded by such systems; 38 7. the number of violations adjudicated and results of such adjudi- 39 cations including breakdowns of dispositions made for violations 40 recorded by such systems; 41 8. the total amount of revenue realized by all applicable political 42 subdivisions from such adjudications; 43 9. expenses incurred by such commuter railroad and political subdivi- 44 sion in connection with the program; and 45 10. quality of the adjudication process and its results. 46 (n) It shall be a defense to any prosecution for a violation of 47 section eleven hundred seventy of this chapter pursuant to a local law 48 or ordinance adopted pursuant to this section that there is verified 49 evidence that the railroad signal indications were malfunctioning at the 50 time of the alleged violation. 51 § 4. The opening paragraph of subdivision 1 of section 1803 of the 52 vehicle and traffic law, as amended by chapter 385 of the laws of 1999, 53 is amended to read as follows: 54 Except as otherwise provided in subdivision five of section two 55 hundred twenty-seven of this chapter, section eleven hundred seventy-a 56 of this chapter, section sixteen hundred thirty-three of this chapterS. 4089--A 10 1 and as provided in section eleven hundred ninety-seven of this chapter, 2 section ninety of the state finance law and sections fourteen-f and one 3 hundred forty of the transportation law, all fines and penalties 4 collected under a sentence or judgment of conviction of a violation of 5 this chapter or of any act relating to the use of highways by motor 6 vehicles or trailers, now in force or hereafter enacted, shall be 7 distributed in the following manner: 8 § 5. Section 1803 of the vehicle and traffic law is amended by adding 9 a new subdivision 10 to read as follows: 10 10. Where a commuter railroad establishes a railroad grade crossing 11 demonstration program pursuant to section sixteen hundred thirty-three 12 of this chapter, all fines, penalties and forfeitures collected pursuant 13 to such section shall be paid to the county, city, town or village with- 14 in whose jurisdiction the subject railroad grade crossing is located. 15 § 6. Subdivision 2 of section 87 of the public officers law is amended 16 by adding a new paragraph (q) to read as follows: 17 (q) are photographs, microphotographs, videotape or other recorded 18 images prepared under the authority of section eleven hundred seventy-a 19 of the vehicle and traffic law. 20 § 7. This act shall take effect on the thirtieth day after it shall 21 have become a law, and shall expire and be deemed repealed 5 years after 22 such effective date.
