Bill Text: NY S04658 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires a resolution by the board of trustees of a school district to authorize the installation, administration, operation, notice processing and maintenance of and use of photo monitoring devices on school buses to detect and record vehicles illegally passing or overtaking a school bus; provides for owner liability of a motor vehicle detected by a camera to have illegally passed or overtaken a school bus; provides that liability shall be a monetary penalty in the amount of two hundred fifty dollars.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-03-19 - REFERRED TO TRANSPORTATION [S04658 Detail]

Download: New_York-2019-S04658-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4658
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 19, 2019
                                       ___________
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the education law and the vehicle and  traffic  law,  in
          relation  to authorizing the installation and use of safety cameras on
          school buses for the purpose of monitoring overtaking  and passing  of
          school bus violations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1604 of the education law is amended  by  adding  a
     2  new subdivision 43 to read as follows:
     3    43. To pass, in the discretion of the trustees, a resolution authoriz-
     4  ing  the  use  of  school bus cameras pursuant to section eleven hundred
     5  eighteen of the vehicle and traffic law, provided that the trustees  may
     6  also  enter  into  contracts  with  a  third party for the installation,
     7  administration, operation, notice processing, and  maintenance  of  such
     8  cameras, and for the sharing of revenue derived from such cameras pursu-
     9  ant  to  section eleven hundred eighteen of the vehicle and traffic law,
    10  provided that the purchase, lease, installation, operation  and  mainte-
    11  nance,  or  any  other  costs  associated with such cameras shall not be
    12  considered an aidable expense pursuant  to  section  thirty-six  hundred
    13  twenty-three-a of this chapter.
    14    §  2.  Section  1709  of  the education law is amended by adding a new
    15  subdivision 43 to read as follows:
    16    43. To pass a resolution, in the discretion of the board,  authorizing
    17  the  use  of school bus cameras pursuant to section eleven hundred eigh-
    18  teen of the vehicle and traffic law, provided that the  board  may  also
    19  enter  into  contracts with a third party for the installation, adminis-
    20  tration, operation, notice processing, and maintenance of such  cameras,
    21  and  for  the  sharing  of revenue derived from such cameras pursuant to
    22  section eleven hundred eighteen of the vehicle and traffic law, provided
    23  that the purchase, lease, installation, operation  and  maintenance,  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00638-02-9

        S. 4658                             2
     1  any  other costs associated with such cameras shall not be considered an
     2  aidable expense pursuant to section thirty-six hundred twenty-three-a of
     3  this chapter.
     4    §  3.  The  vehicle and traffic law is amended by adding a new section
     5  1118 to read as follows:
     6    § 1118. Owner liability for operator illegally overtaking or passing a
     7  school bus. (a) 1. Notwithstanding any  other  provision  of  law,  each
     8  board of education or trustees of a school district is hereby authorized
     9  and  empowered to adopt and amend a resolution establishing a school bus
    10  safety camera program imposing monetary liability  on  the  owner  of  a
    11  vehicle for failure of an operator thereof to comply with section eleven
    12  hundred  seventy-four  of this title. Such program shall empower a board
    13  of education or school district or school bus transportation  contractor
    14  that  has  contracted  with  such school district to  install school bus
    15  safety cameras upon school buses operated by  or  contracted  with  such
    16  district.
    17    2. Such program shall utilize necessary technologies to ensure, to the
    18  extent  practicable, that photographs produced by such school bus safety
    19  cameras shall not include images that identify the driver,  the  passen-
    20  gers,  or the contents of the vehicle. Provided, however, that no notice
    21  of liability issued pursuant to this section shall be  dismissed  solely
    22  because  a photograph or photographs allow for the identification of the
    23  contents of a vehicle, provided that such school  district  has  made  a
    24  reasonable effort to comply with the provisions of this paragraph.
    25    (b)  In any school district which has adopted a resolution pursuant to
    26  subdivision (a) of this section, the owner of a vehicle shall be  liable
    27  for a penalty imposed pursuant to  this section if such vehicle was used
    28  or  operated  with  the  permission of the owner, express or implied, in
    29  violation of subdivision (a) of section eleven hundred  seventy-four  of
    30  this title, and such violation is evidenced by information obtained from
    31  a  school bus safety camera; provided however that no owner of a vehicle
    32  shall be liable for a penalty imposed pursuant to this section where the
    33  operator of such vehicle has been convicted of the underlying  violation
    34  of subdivision (a) of section eleven hundred seventy-four of this title.
    35    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
    36  provided in article two-B of this chapter. For purposes of this section,
    37  "school bus safety camera" shall  mean  an  automated  photo  monitoring
    38  device  affixed  to the outside of a school bus and designated to detect
    39  and store one or more images of motor vehicles  that  overtake  or  pass
    40  school  buses  in violation of subdivision (a) of section eleven hundred
    41  seventy-four of this title.
    42    (d) No school district or school bus  transportation  contractor  that
    43  has  installed  cameras pursuant to this section shall access the images
    44  from such cameras but shall provide, pursuant to an agreement  with  the
    45  appropriate  law enforcement agency or agencies, for the proper handling
    46  and custody of such images for the forwarding of such images  from  such
    47  cameras  to  a law enforcement agency having jurisdiction in the area in
    48  which the violation  occurred  for  the  purpose  of  imposing  monetary
    49  liability  on  the  owner of a motor vehicle for illegally overtaking or
    50  passing a school bus in violation of subdivision (a) of  section  eleven
    51  hundred  seventy-four  of  this  title.  After  receipt of such images a
    52  police  officer  shall  inspect  such  images  to  determine  whether  a
    53  violation  of  subdivision (a) of section eleven hundred seventy-four of
    54  this title was committed. Upon such a finding a certificate, sworn to or
    55  affirmed by an officer of such agency, or  a  facsimile  thereof,  based
    56  upon  inspection  of  photographs,  microphotographs  or  other recorded

        S. 4658                             3
     1  images produced by a school bus safety  camera,  shall  be  prima  facie
     2  evidence  of  the  facts contained therein. Any photographs, microphoto-
     3  graphs or other recorded images evidencing such  a  violation  shall  be
     4  available  for  inspection in any proceeding to adjudicate the liability
     5  for such violation.
     6    (e) An owner found liable pursuant to this section for a violation  of
     7  subdivision  (a)  of  section  eleven hundred seventy-four of this title
     8  shall be liable for a monetary penalty of two hundred fifty dollars.
     9    (e-1) Payment of the monetary penalty imposed by  subdivision  (e)  of
    10  this  section  shall  be payable to the municipality where the violation
    11  occurred, provided however, the school district shall be entitled  to  a
    12  portion  of  the  monetary  penalty  that  equals the cost to the school
    13  district of purchasing and maintaining the cameras. Nothing herein shall
    14  prevent the municipality from entering into a memorandum of  understand-
    15  ing  with  the  school  district to return an additional portion of such
    16  penalty received to the school district.
    17    (f) An imposition of liability under this section shall not be  deemed
    18  a  conviction as an operator and shall not be made part of the operating
    19  record of the person upon whom such liability is imposed nor shall it be
    20  used for insurance purposes in the provision of motor vehicle  insurance
    21  coverage.
    22    (g)  1.  A  notice  of  liability  shall be sent by the respective law
    23  enforcement agency by first class mail to  each  person  alleged  to  be
    24  liable  as an owner for a violation of subdivision (a) of section eleven
    25  hundred seventy-four of this title pursuant to  this  section.  Personal
    26  delivery  on  the  owner  shall  not  be required. A manual or automatic
    27  record of mailing prepared in the ordinary course of business  shall  be
    28  prima facie evidence of the facts contained therein.
    29    2.  A  notice  of  liability shall contain the name and address of the
    30  person alleged to be liable as an owner for a violation  of  subdivision
    31  (a)  of  section  eleven  hundred seventy-four of this title pursuant to
    32  this section, the registration number of the vehicle  involved  in  such
    33  violation,  the  location  where such violation took place, the date and
    34  time of such violation and the identification number of the camera which
    35  recorded the violation or other document locator number.
    36    3. The notice of liability  shall  contain  information  advising  the
    37  person  charged  of  the manner and the time in which he may contest the
    38  liability alleged in the notice. Such notice  of  liability  shall  also
    39  contain  a warning to advise the persons charged that failure to contest
    40  in the manner and time provided shall be deemed an admission of  liabil-
    41  ity and that a default judgement may be entered thereon.
    42    4. The notice of liability shall be prepared and mailed by the respec-
    43  tive  law enforcement agency having jurisdiction over the location where
    44  the violation occurred.
    45    (h) Adjudication of the liability imposed upon owners by this  section
    46  shall  be by a traffic violations bureau established pursuant to section
    47  three hundred seventy of the general municipal law or, if there be none,
    48  by the court having jurisdiction over traffic infractions,  except  that
    49  any  city which has established or designated an administrative tribunal
    50  to hear and determine owner liability established by  this  article  for
    51  failure to comply with traffic-control indications shall use such tribu-
    52  nal to adjudicate the liability imposed by this section.
    53    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    54  section for any time period during which the vehicle was reported  to  a
    55  police  department as having been stolen, it shall be a valid defense to
    56  an allegation of liability for a violation of subdivision (a) of section

        S. 4658                             4
     1  eleven hundred seventy-four of this title pursuant to this section  that
     2  the  vehicle had been reported to the police as stolen prior to the time
     3  the violation occurred and had not been  recovered  by  such  time.  For
     4  purposes  of asserting the defense provided by this subdivision it shall
     5  be sufficient that a certified copy of the police report on  the  stolen
     6  vehicle  be  sent  by first class mail to the traffic violations bureau,
     7  court having jurisdiction or parking violations bureau.
     8    (j) Where the adjudication of liability imposed upon  owners  pursuant
     9  to  this  section  is  by an administrative tribunal, traffic violations
    10  bureau, or a court having jurisdiction, an owner who is a  lessor  of  a
    11  vehicle  to  which a notice of liability was issued pursuant to subdivi-
    12  sion (g) of this section shall not be liable for the violation of subdi-
    13  vision (a)  of  section  eleven  hundred  seventy-four  of  this  title,
    14  provided  that  he  or she sends to the administrative tribunal, traffic
    15  violations bureau, or court having jurisdiction a copy  of  the  rental,
    16  lease  or other such contract document covering such vehicle on the date
    17  of the violation, with the name and address of the lessee clearly  legi-
    18  ble,  within thirty-seven days after receiving notice from the bureau or
    19  court of the date and time of such violation, together  with  the  other
    20  information  contained  in  the original notice of liability. Failure to
    21  send such information within such thirty-seven  day  time  period  shall
    22  render  the  owner  liable  for  the penalty prescribed by this section.
    23  Where the lessor complies with the provisions  of  this  paragraph,  the
    24  lessee  of such vehicle on the date of such violation shall be deemed to
    25  be the owner of such vehicle for purposes  of  this  section,  shall  be
    26  subject  to  liability  for  the violation of subdivision (a) of section
    27  eleven hundred seventy-four of this title pursuant to this  section  and
    28  shall  be sent a notice of liability pursuant to subdivision (g) of this
    29  section.
    30    (k) 1. If the owner liable for  a  violation  of  subdivision  (a)  of
    31  section  eleven  hundred  seventy-four  of  this  title pursuant to this
    32  section was not  the  operator  of  the  vehicle  at  the  time  of  the
    33  violation,  the owner may maintain an action for indemnification against
    34  the operator.
    35    2. Notwithstanding any other provision of this section, no owner of  a
    36  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    37  section if the operator of such vehicle was operating such vehicle with-
    38  out the consent of the owner at the time such operator was found to have
    39  been overtaking or passing a school bus. For purposes of  this  subdivi-
    40  sion  there shall be a presumption that the operator of such vehicle was
    41  operating such vehicle with the consent of the owner at  the  time  such
    42  operator was found to have been overtaking or passing a school bus.
    43    (l)  Nothing in this section shall be construed to limit the liability
    44  of an operator of a vehicle for any  violation  of  subdivision  (a)  of
    45  section eleven hundred seventy-four of this title.
    46    (m)  In  any  school  district which adopts a school bus safety camera
    47  program pursuant  to  subdivision  (a)  of  this  section,  such  school
    48  district  shall submit an annual report on the results of the use of its
    49  school bus safety cameras to the governor, the  temporary  president  of
    50  the  senate and the speaker of the assembly on or before June first, two
    51  thousand twenty and on the same date in each succeeding  year  in  which
    52  the  demonstration  program  is operable. Such report shall include, but
    53  not be limited to:
    54    1. a description of the number of buses and routes  where  school  bus
    55  safety cameras were used;

        S. 4658                             5
     1    2.  the aggregate number of annual incidents of violations of subdivi-
     2  sion (a) of section eleven hundred seventy-four of this title within the
     3  districts;
     4    3.  the  number of violations recorded by school bus safety cameras in
     5  the aggregate and on a daily, weekly and monthly basis;
     6    4. the total number of notices  of  liability  issued  for  violations
     7  recorded by such systems;
     8    5.  the  number  of  fines  and total amount of fines paid after first
     9  notice of liability issued for violations recorded by such systems;
    10    6. the number of violations adjudicated and results  of  such  adjudi-
    11  cations   including  breakdowns  of  dispositions  made  for  violations
    12  recorded by such systems;
    13    7. the total amount of revenue realized by such school  district  from
    14  such adjudications;
    15    8.  expenses  incurred  by such school district in connection with the
    16  program; and
    17    9. quality of the adjudication process and its results.
    18    (n) It shall be a defense to any prosecution for a violation of subdi-
    19  vision (a) of section eleven hundred seventy-four  of  this  title  that
    20  such  school  bus  safety cameras were malfunctioning at the time of the
    21  alleged violation.
    22    § 4. This act shall take effect immediately.
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