Bill Text: NY S06115 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to traffic-control indications for cities of one million or more; makes such provisions permanent; authorizes cities implement speed cameras by local law.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S06115 Detail]

Download: New_York-2013-S06115-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6115
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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 and the administrative code
         of the city of New York, in relation  to  traffic-control  indications
         for cities of one million or more; to amend chapter 746 of the laws of
         1988  amending  the vehicle and traffic law, the general municipal law
         and the public officers law, relating to the civil liability of  vehi-
         cle  owners  for  traffic  control  signal  violations, in relation to
         making such provisions permanent; and to amend local law number 46  of
         the  city  of  New  York for the year 1989 amending the administrative
         code of New York relating to civil liability  of  vehicle  owners  for
         traffic   control  signal  violations,  in  relation  to  making  such
         provisions permanent; and repealing certain provisions of the  vehicle
         and  traffic  law  and the administrative code of the city of New York
         relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (a) of section 1111-a of the vehicle and traf-
    2  fic law, as amended by chapter 658 of the laws of 2006 and  paragraph  1
    3  as  amended  by  chapter  18  of the laws of 2009, is amended to read as
    4  follows:
    5    (a) 1. Notwithstanding any other provision of law, each  city  with  a
    6  population  of one million or more is hereby authorized and empowered to
    7  adopt and amend a local law or ordinance establishing a  [demonstration]
    8  program  imposing monetary liability on the owner of a vehicle for fail-
    9  ure of an operator thereof to comply with traffic-control indications in
   10  such city in accordance  with  the  provisions  of  this  section.  Such
   11  [demonstration]  program  shall  empower  a  city to install and operate
   12  traffic-control signal photo violation-monitoring devices  [at  no  more
   13  than  one  hundred  fifty  intersections]  within  such city [at any one
   14  time].
   15    2. Such [demonstration] program shall utilize  necessary  technologies
   16  to  ensure, to the extent practicable, that photographs produced by such
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11951-02-3
       S. 6115                             2
    1  traffic-control signal  photo  violation-monitoring  systems  shall  not
    2  include images that identify the driver, the passengers, or the contents
    3  of  the  vehicle.  Provided, however, that no notice of liability issued
    4  pursuant  to this section shall be dismissed solely because a photograph
    5  or photographs allow for the identification of the contents of  a  vehi-
    6  cle, provided that such city has made a reasonable effort to comply with
    7  the provisions of this paragraph.
    8    S  2. Subdivision (m) of section 1111-a of the vehicle and traffic law
    9  is REPEALED.
   10    S 3. Subdivision (a) of section 19-210 of the administrative  code  of
   11  the  city of New York, as amended by chapter 658 of the laws of 2006 and
   12  paragraph 1 as amended by chapter 18 of the laws of 2009, is amended  to
   13  read as follows:
   14    (a)  1.  Notwithstanding  any  other  provision  of  law,  the parking
   15  violations bureau is hereby authorized  and  empowered  to  establish  a
   16  [demonstration]  program  imposing  monetary liability on the owner of a
   17  vehicle for failure of an operator thereof to comply  with  traffic-con-
   18  trol  indications in accordance with the provisions of this section. The
   19  department of transportation, for purposes  of  implementation  of  such
   20  program,  shall  be  authorized  to  install and operate traffic-control
   21  signal photo violation-monitoring devices [at no more than  one  hundred
   22  fifty intersections at any one time].
   23    2.  Such  [demonstration] program shall utilize necessary technologies
   24  to ensure, to the extent practicable, that photographs produced by  such
   25  traffic-control  signal  photo  violation-monitoring  systems  shall not
   26  include images that identify the driver, the passengers, or the contents
   27  of the vehicle. Provided, however, that no notice  of  liability  issued
   28  pursuant  to this section shall be dismissed solely because a photograph
   29  or photographs allow for the identification of the contents of  a  vehi-
   30  cle, provided that such city has made a reasonable effort to comply with
   31  the provisions of this paragraph.
   32    S  4. Subdivisions (n) and (o) of section 19-210 of the administrative
   33  code of the city of New York are REPEALED.
   34    S 5. Section 16 of chapter 746 of the laws of 1988 amending the  vehi-
   35  cle  and  traffic law, the general municipal law and the public officers
   36  law, relating to the civil  liability  of  vehicle  owners  for  traffic
   37  control signal violations, is amended to read as follows:
   38    S 16. The purchase or lease of equipment for a [demonstration] program
   39  established  pursuant  to section eleven hundred eleven-a of the vehicle
   40  and traffic law shall be  subject  to  the  provisions  of  section  one
   41  hundred three of the general municipal law.
   42    S  6. Section 17 of chapter 746 of the laws of 1988 amending the vehi-
   43  cle and traffic law, the general municipal law and the  public  officers
   44  law,  relating  to  the  civil  liability  of vehicle owners for traffic
   45  control signal violations, as amended by chapter 18 of the laws of 2009,
   46  is amended to read as follows:
   47    S 17. This act shall take effect on the thirtieth day after  it  shall
   48  have  become  a  law  [and  shall  remain in full force and effect until
   49  December 1, 2014 when upon such date the amendments and provisions  made
   50  by  this act shall be deemed repealed; provided, however, any such local
   51  laws as may be enacted pursuant to this act shall remain in  full  force
   52  and effect only until the expiration on December 1, 2014].
   53    S  7. Section 2 of local law number 46 of the city of New York for the
   54  year 1989 amending the administrative code  of  the  city  of  New  York
   55  relating to civil liability of vehicle owners for traffic control signal
       S. 6115                             3
    1  violations,  as amended by chapter 18 of the laws of 2009, is amended to
    2  read as follows:
    3    S 2. This local law shall take effect immediately [and shall expire on
    4  December 1, 2014].
    5    S  8.  This act shall take effect immediately; provided, however, that
    6  sections one through five of this act shall take effect one  year  after
    7  it shall have become a law.
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