NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9956
SPONSOR: Pretlow TITLE OF BILL:
An act to amend chapter 101 of the laws of 2014 amending the vehicle and
traffic law, the general municipal law, and the public officers law
relating to owner liability for failure of operator to comply with
traffic-control indications in the city of Mt. Vernon, in relation to
extending the provisions of such chapter
PURPOSE OR GENERAL IDEA OF BILL:
To prevent the deaths and injuries caused by motorists running red
lights, by authorizing the City of Mt. Vernon to adopt a local law to
implement a program to install photo violation-monitoring devices at up
to twenty intersections.
SUMMARY OF SPECIFIC PROVISIONS:
The bill authorizes the City of Mt. Vernon to adopt a local law or ordi-
nance to establish a demonstration program imposing monetary liability
on vehicle owners for an operator's failure to comply with traffic-con-
trol signals: at up to twenty intersections at any one time within and
under the jurisdiction of the City of Mt. Vernon. The bill requires the
use of necessary technologies to ensure, to the extent practicable, that
photographs produced by such violation-monitoring systems do not include
images identifying the driver, passengers or contents of a vehicle.
The bill establishes requirements for due process, including provisions
for the evidence of liability and its availability to defendants,
requirements governing the content of notices of liability, or "NOLs",
the method by which NOLs must be sent to vehicle owners, and providing
for the adjudication of violations by either the traffic violations
bureau, or by the court having jurisdiction over traffic infractions, or
by an administrative tribunal if one has been authorized by the city to
adjudicate complaints of traffic infractions.
The bill deems that NOLs would not be a conviction as an operator and
thus, would not be included on the owner's driver's license record, and
prohibits the use of findings of liability for motor vehicle insurance
purposes. The bill authorizes the imposition of a maximum $50 civil
penalty for each violation and an additional penalty no more than $23
for each violation for the failure to respond to a NOL within the
prescribed time period.
The bill also contains provisions for relief from liability for owners
of leased or rented motor vehicles. Additionally, it provides as valid
defenses that the vehicle was reported stolen and had not been recovered
prior to the time the violation occurred, or that the traffic signal was
malfunctioning at the time of the alleged violation.
The bill also contains a provision allowing owners found in violation of
this section to maintain an action for indemnification against the oper-
ator of the vehicle at the time of the violation.
Finally, the bill requires the City of Mt. Vernon to submit an annual
report on the demonstration program to the Governor and Legislature.
JUSTIFICATION:
Red light running accidents are often the worst type. of accident; they
often involve speed and right-angle impacts, which can lead to the most
severe injuries.
Many cities in the United States already have operational photo enforce-
ment for catching red light runners, including New York City, Los
Angeles, San Francisco, San Diego, Baltimore, and Washington D.C.,
resulting in safer intersections.
Most significantly, New York City has had a highly successful red light
camera program. The data from the New York City Department of Transpor-
tation has demonstrated that the presence of red light cameras signif-
icantly alters the behavior of drivers and dramatically reduces the
number of accidents at affected intersections. Traffic accidents at
intersections are a major public safety issue in the City of Mt. Vernon
and it is beyond doubt that a red light camera program would provide a
significant improvement in traffic safety within the City.
PRIOR LEGISLATIVE HISTORY:
A.8368B(2013)
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9956
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend chapter 101 of the laws of 2014 amending the vehicle and
traffic law, the general municipal law, and the public officers law
relating to owner liability for failure of operator to comply with
traffic-control indications in the city of Mt. Vernon, in relation to
extending the provisions of such chapter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 15 of chapter 101 of the laws of 2014 amending the
2 vehicle and traffic law, the general municipal law, and the public offi-
3 cers law relating to owner liability for failure of an operator to
4 comply with traffic-control indications in the city of Mt. Vernon, the
5 opening paragraph as amended by section 2 of part TT of chapter 58 of
6 the laws of 2019, is amended to read as follows:
7 § 15. This act shall take effect on the thirtieth day after it shall
8 have become a law; provided, however, that sections three, nine,
9 twelve-b, thirteen and fourteen of this act shall expire and be deemed
10 repealed December 1, [2024] 2029; and provided further that any rules
11 necessary for the implementation of this act on its effective date shall
12 be promulgated on or before such effective date, provided that:
13 (a) [the amendments to subdivision 1 of section 235 of the vehicle and
14 traffic law made by section one of this act shall not affect the expira-
15 tion of such subdivision and shall be deemed to expire therewith, when
16 upon such date the provisions of section one-a of this act shall take
17 effect;
18 (b) the amendments to section 235 of the vehicle and traffic law made
19 by section one-a of this act shall not affect the expiration of such
20 section and shall be deemed to expire therewith, when upon such date the
21 provisions of section one-b of this act shall take effect;
22 (c) the amendments to section 235 of the vehicle and traffic law made
23 by section one-b of this act shall not affect the expiration of such
24 section and shall be deemed to expire therewith, when upon such date the
25 provisions of section one-c of this act shall take effect;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15008-02-4
A. 9956 2
1 (d) the amendments to section 235 of the vehicle and traffic law made
2 by section one-c of this act shall not affect the expiration of such
3 section and shall be deemed to expire therewith, when upon such date the
4 provisions of section one-d of this act shall take effect;
5 (e) the amendments to section 235 of the vehicle and traffic law made
6 by section one-d of this act shall not affect the expiration of such
7 section and shall be deemed to expire therewith, when upon such date the
8 provisions of section one-e of this act shall take effect;
9 (f) the amendments to subdivision 1 of section 236 of the vehicle and
10 traffic law made by section two of this act shall not affect the expira-
11 tion of such subdivision and shall be deemed to expire therewith, when
12 upon such date the provisions of section two-a of this act shall take
13 effect;
14 (g) the amendments to subdivision 1 of section 236 of the vehicle and
15 traffic law made by section two-a of this act shall not affect the expi-
16 ration of such subdivision and shall be deemed to expire therewith, when
17 upon such date the provisions of section two-b of this act shall take
18 effect;
19 (h) the amendments to subdivision 1 of section 236 of the vehicle and
20 traffic law made by section two-b of this act shall not affect the expi-
21 ration of such subdivision and shall be deemed to expire therewith, when
22 upon such date the provisions of section two-c of this act shall take
23 effect;
24 (i) the amendments to subdivision 1 of section 236 of the vehicle and
25 traffic law made by section two-c of this act shall not affect the expi-
26 ration of such subdivision and shall be deemed to expire therewith, when
27 upon such date the provisions of section two-d of this act shall take
28 effect;
29 (j) the amendments to paragraph f of subdivision 1 of section 239 of
30 the vehicle and traffic law made by section four of this act shall not
31 affect the expiration of such paragraph and shall be deemed to expire
32 therewith, when upon such date the provisions of section four-a of this
33 act shall take effect;
34 (k) the amendments to paragraph f of subdivision 1 of section 239 of
35 the vehicle and traffic law made by section four-a of this act shall not
36 affect the expiration of such paragraph and shall be deemed to expire
37 therewith, when upon such date the provisions of section four-b of this
38 act shall take effect;
39 (l) the amendments to paragraph f of subdivision 1 of section 239 of
40 the vehicle and traffic law made by section four-b of this act shall not
41 affect the expiration of such paragraph and shall be deemed to expire
42 therewith, when upon such date the provisions of section four-c of this
43 act shall take effect;
44 (m) the amendments to paragraph f of subdivision 1 of section 239 of
45 the vehicle and traffic law made by section four-c of this act shall not
46 affect the expiration of such paragraph and shall be deemed to expire
47 therewith, when upon such date the provisions of section four-d of this
48 act shall take effect;
49 (n) the amendments to subdivisions 1 and 1-a of section 240 of the
50 vehicle and traffic law made by section five of this act shall not
51 affect the expiration of such subdivisions and shall be deemed to expire
52 therewith, when upon such date the provisions of section five-a of this
53 act shall take effect;
54 (o) the amendments to subdivisions 1 and 1-a of section 240 of the
55 vehicle and traffic law made by section five-a of this act shall not
56 affect the expiration of such subdivisions and shall be deemed to expire
A. 9956 3
1 therewith, when upon such date the provisions of section five-b of this
2 act shall take effect;
3 (p) the amendments to subdivisions 1 and 1-a of section 240 of the
4 vehicle and traffic law made by section five-b of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section five-c of this
7 act shall take effect;
8 (q) the amendments to subdivisions 1 and 1-a of section 240 of the
9 vehicle and traffic law made by section five-c of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section five-d of this
12 act shall take effect;
13 (r) the amendments to paragraphs a and g of subdivision 2 of section
14 240 of the vehicle and traffic law made by section six of this act shall
15 not affect the expiration of such paragraphs and shall be deemed to
16 expire therewith, when upon such date the provisions of section six-a of
17 this act shall take effect;
18 (s) the amendments to paragraphs a and g of subdivision 2 of section
19 240 of the vehicle and traffic law made by section six-a of this act
20 shall not affect the expiration of such paragraphs and shall be deemed
21 to expire therewith, when upon such date the provisions of section six-b
22 of this act shall take effect;
23 (t) the amendments to paragraphs a and g of subdivision 2 of section
24 240 of the vehicle and traffic law made by section six-b of this act
25 shall not affect the expiration of such paragraphs and shall be deemed
26 to expire therewith, when upon such date the provisions of section six-c
27 of this act shall take effect;
28 (u) the amendments to paragraphs a and g of subdivision 2 of section
29 240 of the vehicle and traffic law made by section six-c of this act
30 shall not affect the expiration of such paragraphs and shall be deemed
31 to expire therewith, when upon such date the provisions of section six-d
32 of this act shall take effect;
33 (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
34 cle and traffic law made by section seven of this act shall not affect
35 the expiration of such subdivisions and shall be deemed to expire there-
36 with, when upon such date the provisions of section seven-a of this act
37 shall take effect;
38 (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
39 cle and traffic law made by section seven-a of this act shall not affect
40 the expiration of such subdivisions and shall be deemed to expire there-
41 with, when upon such date the provisions of section seven-b of this act
42 shall take effect;
43 (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
44 cle and traffic law made by section seven-b of this act shall not affect
45 the expiration of such subdivisions and shall be deemed to expire there-
46 with, when upon such date the provisions of section seven-c of this act
47 shall take effect;
48 (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
49 cle and traffic law made by section seven-c of this act shall not affect
50 the expiration of such subdivisions and shall be deemed to expire there-
51 with, when upon such date the provisions of section seven-d of this act
52 shall take effect;
53 (z) the amendments to subparagraph (i) of paragraph a of subdivision
54 5-a of section 401 of the vehicle and traffic law made by section eight
55 of this act shall not affect the expiration of such paragraph and shall
A. 9956 4
1 be deemed to expire therewith, when upon such date the provisions of
2 section eight-a of this act shall take effect;
3 (aa) the amendments to paragraph a of subdivision 5-a of section 401
4 of the vehicle and traffic law made by section eight-a of this act shall
5 not affect the expiration of such paragraph and shall be deemed to
6 expire therewith, when upon such date the provisions of section eight-b
7 of this act shall take effect;
8 (bb) the amendments to paragraph a of subdivision 5-a of section 401
9 of the vehicle and traffic law made by section eight-b of this act shall
10 not affect the expiration of such paragraph and shall be deemed to
11 expire therewith, when upon such date the provisions of section eight-c
12 of this act shall take effect;
13 (cc) the amendments to paragraph a of subdivision 5-a of section 401
14 of the vehicle and traffic law made by section eight-c of this act shall
15 not affect the expiration of such paragraph and shall be deemed to
16 expire therewith, when upon such date the provisions of section eight-d
17 of this act shall take effect;
18 (dd)] the amendments to subdivision 1 of section 1809 of the vehicle
19 and traffic law made by section ten of this act shall not affect the
20 expiration of such subdivision and shall be deemed to expire therewith,
21 when upon such date the provisions of section ten-a of this act shall
22 take effect;
23 [(ee)] (b) the amendments to subdivision 1 of section 1809 of the
24 vehicle and traffic law made by section ten-a of this act shall not
25 affect the expiration of such subdivision and shall be deemed to expire
26 therewith, when upon such date the provisions of section ten-b of this
27 act shall take effect;
28 [(ff)] (c) the amendments to subdivision 1 of section 1809 of the
29 vehicle and traffic law made by section ten-b of this act shall not
30 affect the expiration of such subdivision and shall be deemed to expire
31 therewith, when upon such date the provisions of section ten-c of this
32 act shall take effect;
33 [(gg)] (d) the amendments to subdivision 1 of section 1809 of the
34 vehicle and traffic law made by section ten-c of this act shall not
35 affect the expiration of such subdivision and shall be deemed to expire
36 therewith, when upon such date the provisions of section ten-d of this
37 act shall take effect; and
38 [(hh) the amendments to paragraph a of subdivision 1 of section 1809-e
39 of the vehicle and traffic law made by section eleven of this act shall
40 not affect the expiration of such paragraph and shall be deemed to
41 expire therewith, when upon such date the provisions of section eleven-a
42 of this act shall take effect;
43 (ii) the amendments to paragraph a of subdivision 1 of section 1809-e
44 of the vehicle and traffic law made by section eleven-a of this act
45 shall not affect the expiration of such paragraph and shall be deemed to
46 expire therewith, when upon such date the provisions of section eleven-b
47 of this act shall take effect;
48 (jj) the amendments to paragraph a of subdivision 1 of section 1809-e
49 of the vehicle and traffic law made by section eleven-b of this act
50 shall not affect the expiration of such paragraph and shall be deemed to
51 expire therewith, when upon such date the provisions of section eleven-c
52 of this act shall take effect;
53 (kk)] (e) the amendments [made] to subdivision 1 of section 371 of the
54 general municipal law made by section twelve of this act shall not
55 affect the expiration of such subdivision and shall be deemed to expire
A. 9956 5
1 therewith, when upon such date the provisions of section [twelve-a]
2 twelve-b of this act shall take effect[; and
3 (ll) the amendments made to section 371 of the general municipal law
4 by section twelve-a of this act shall not affect the expiration of such
5 section and shall be deemed to expire therewith, when upon such date the
6 provisions of section twelve-b of this act shall take effect].
7 § 2. This act shall take effect immediately.
