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A07043 Summary:

BILL NOA07043A
 
SAME ASSAME AS S06802-A
 
SPONSORFahy
 
COSPNSR
 
MLTSPNSR
 
Add 1180-f, V & T L; amd 87, Pub Off L
 
Establishes a school speed zone camera demonstration program in the city of Albany; repeals authorization of program December 31, 2028.
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A07043 Actions:

BILL NOA07043A
 
05/10/2023referred to transportation
05/19/2023amend and recommit to transportation
05/19/2023print number 7043a
05/24/2023reported referred to ways and means
06/06/2023reported referred to rules
06/06/2023reported
06/06/2023rules report cal.603
06/06/2023ordered to third reading rules cal.603
06/06/2023home rule request
06/06/2023passed assembly
06/06/2023delivered to senate
06/06/2023REFERRED TO RULES
06/08/2023SUBSTITUTED FOR S6802A
06/08/20233RD READING CAL.1398
06/08/2023HOME RULE REQUEST
06/08/2023PASSED SENATE
06/08/2023RETURNED TO ASSEMBLY
09/19/2023delivered to governor
09/28/2023signed chap.500
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A07043 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7043A
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing a school speed zone camera demonstration program in the city of Albany; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to allow the city of Albany to implement a pilot program for a speed violation camera monitoring system in school speed zones.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the vehicle and traffic law by adding a new section 1180-f. This authorizes the City of Albany to establish a demonstration program - imposing monetary liability on the owners of motor vehicles found to be in violation of the maximum school speed limit in Albany through the use of a speed limit photo device which combines speed sens- ing technology which determines the speed of a vehicle and captures/records that data by photographic, micrographic, video tape, or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit. Albany will be authorized to operate cameras in no more than twenty school zones at any one time during the program, and, in selecting a school speed zone in which to install and operate a speed camera system, the city must consider crite- ria including, speed data, crash history, and the roadway geometry applicable to such school speed zone. If Albany adopts a demonstration program, the city is required to conduct a study and submit an annual report on the results of the use of speed camera systems to the Gover- nor, temporary President of the Senate, and Speaker of the Assembly. Section 2 amends section 237 of the vehicle and traffic law by adding a new Subdivision 17 to include the ability to adjudicate the liability of owners for violations of section 1180-f of this chapter. Section 3 amends subdivision (2) of section 87 of the public officers law by adding a paragraph (s) authorizing photographs, microphotographs, videotape, or other recorded images prepared under the authority of section 1:80-f of the vehicle and traffic law. Section 4 sets the effective date and provides for an expiration of 5 years after such effective date.   JUSTIFICATION: Speeding motorists are a pervasive problem in some areas of the City of Albany. Speed violations are often a significant factor in accidents, which may result in death or injury to motorists, bicyclists, and pedes- trians. Speeding motorists are especially an issue in school zones, where children and families are vulnerable to distracted, speeding driv- ers. The City of Albany Police Department's Capital Region Crime Analysis Center produced a report on the number of accidents and Uniform Traffic Tickets issued for speeding (i.e., speeding tickets) surrounding school zones within the city between 2018-2022. The report identified 46 schools located within the city, including, but not limited to, private schools, academies, colleges, and education centers. The area surround- ing the schools was described as a 1,320-foot radius. Between 2018-2022, there were 11,283 reported vehicular accidents in school zones in the City of Albany, with 2,109 total injuries resulting from the accidents and 11 total deaths resulting from the accidents. Of the 11 motor vehicle accidents resulting in a fatality, five involved a pedestrian and six involved a motor vehicle occupant, three of which were operating a motorcycle. Between 2018-2022, there were 1,765 reported speeding incidents in school zones in the City of Albany, with 371 of the total incidents resulting from tickets written under NYS VTL § 1180(C), defined as, in summary, speeding violations that occur in school zones, on school days, and during hours posted on speed limit signs, most commonly between 7:00am and 6:00pm. The data shows that there are alarming numbers of vehicular accidents and resulting injuries occurring in school zones in the City of Albany. Further, extensive reporting from the National Highway Traffic Safety Administration, the Federal Highway Administration, the Governors High- way Safety Association, the National Safety Council, and the Institute for Road Safety Research (the Netherlands), among other sources, identi- fy speeding as a significant factor in accidents. Therefore, where speeding is considered one of the most predictable factors present in vehicle accidents, the high number of accidents reported in Albany's school zones (11,283 total between 2018-2022) suggests speeding motor- ists are an issue in the city's school zones. Yet, the low number of reported Uniform Traffic Tickets issued for speeding in those same school zones (1,765 total speeding tickets between 2018-2022) suggests that there are far more speeding motorists exceeding speed limits in school zones than there are law enforcement officers available to detect speeding and issue citations. Under current law, a police officer must be present at the scene of a speeding incident to observe the violation and serve the operator of the vehicle with a summons. However, like other police departments across the nation, the Albany Police Department is facing personnel shortages and therefore it is nearly impossible for a police officer to observe every speeding violation in the city, especially those in school zones. Thus, the purpose of this legislation is to develop a system which will supplement law enforcement efforts by using recent technology to record speeding violations on film or other recording devices. The program will operate in the same manner as the Red Light Camera Program, which has successfully reduced the incidences of red light violations in the City of Albany, as well as in other parts of New York, ultimately preventing accidents and saving lives. Technology presently exists which will photographically capture vehicles which exceed the maximum speed limit without the presence of a police officer. This technology combines speed sensing technology that deter- mines the speed of a vehicle and captures/records that data by photo- graphic, micrographic, video tape, or other recording system and produc- es an image of a motor vehicle at the moment that it exceeds the speed limit. This image can then be used as evidence in a proceeding to impose liability on the owner of the vehicle for the speeding violation. The enactment of this legislation will provide the City of Albany with a greater ability to enforce appropriate speeds in school zones, hopefully saving lives in the process.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATION: None to the State. Fiscal impact to the City of Albany is to be deter- mined.   EFFECTIVE DATE: This act shall take effect immediately and shall expire five years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided, however, that the authorization for the demonstration project shall be suspended immediately in the event that the annual report required under the bill is not submitted on or before April 1 of each year.
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A07043 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7043--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Transportation  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in  relation  to establishing a school speed zone camera demonstration
          program in the city of Albany; 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. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1180-f to read as follows:
     3    §  1180-f.  Owner  liability  for  failure  of operator to comply with
     4  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
     5  provision of law, the city of Albany is hereby authorized to establish a
     6  demonstration  program  imposing  monetary  liability  on the owner of a
     7  vehicle for failure of an operator thereof to comply with posted maximum
     8  speed limits in a school speed zone within such city (i) when  a  school
     9  speed limit is in effect as provided in paragraphs one and two of subdi-
    10  vision (c) of section eleven hundred eighty of this article or (ii) when
    11  other  speed  limits  are in effect as provided in subdivision (b), (d),
    12  (f) or (g) of section eleven hundred eighty of this article  during  the
    13  following  times:  (A)  on  school days during school hours and one hour
    14  before and one hour after the  school  day,  and  (B)  a  period  during
    15  student  activities  at  the school and up to thirty minutes immediately
    16  before and up to thirty minutes immediately after  such  student  activ-
    17  ities.  Such  demonstration  program shall empower the city of Albany to
    18  install photo speed violation monitoring systems  within  no  more  than
    19  twenty  school speed zones within such city at any one time and to oper-
    20  ate such systems within such zones (iii) when a school speed limit is in
    21  effect as provided in paragraphs one  and  two  of  subdivision  (c)  of
    22  section  eleven  hundred eighty of this article or (iv) when other speed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10033-02-3

        A. 7043--A                          2
 
     1  limits are in effect as provided in subdivision (b), (d), (f) or (g)  of
     2  section  eleven  hundred  eighty  of  this  article during the following
     3  times: (A) on school days during school hours and one  hour  before  and
     4  one  hour  after  the school day, and (B) a period during student activ-
     5  ities at the school and up to thirty minutes immediately before  and  up
     6  to  thirty minutes immediately after such student activities. In select-
     7  ing a school speed zone in which to install and operate  a  photo  speed
     8  violation monitoring system, the city shall consider criteria including,
     9  but not limited to, the speed data, crash history, and the roadway geom-
    10  etry applicable to such school speed zone.
    11    2.  No  photo  speed  violation  monitoring  system shall be used in a
    12  school speed zone unless (i) on the day it is to be used it has success-
    13  fully passed a self-test of its functions; and (ii) it has undergone  an
    14  annual  calibration  check  performed pursuant to paragraph four of this
    15  subdivision. The city shall install signs giving  notice  that  a  photo
    16  speed  violation  monitoring  system  is in use to be mounted on advance
    17  warning signs notifying motor vehicle operators of such upcoming  school
    18  speed  zone  and/or  on  speed limit signs applicable within such school
    19  speed zone, in conformance with standards established in the MUTCD.
    20    3. Operators of photo speed violation monitoring  systems  shall  have
    21  completed  training in the procedures for setting up, testing, and oper-
    22  ating such systems. Each such operator shall complete and sign  a  daily
    23  set-up  log for each such system that he or she operates that (i) states
    24  the date and time when, and the location where, the system  was  set  up
    25  that day, and (ii) states that such operator successfully performed, and
    26  the  system  passed,  the  self-tests  of such system before producing a
    27  recorded image that day. The city shall retain each such daily log until
    28  the later of the date on which  the  photo  speed  violation  monitoring
    29  system  to which it applies has been permanently removed from use or the
    30  final resolution of all cases  involving  notices  of  liability  issued
    31  based  on  photographs,  microphotographs,  videotape  or other recorded
    32  images produced by such system.
    33    4. Each photo speed violation monitoring system shall undergo an annu-
    34  al calibration check performed by an independent calibration  laboratory
    35  which  shall  issue  a signed certificate of calibration. The city shall
    36  keep each such annual certificate of calibration on file until the final
    37  resolution of all cases involving a notice of  liability  issued  during
    38  such  year  which were based on photographs, microphotographs, videotape
    39  or other recorded images produced by such photo speed violation monitor-
    40  ing system.
    41    5. (i) Such demonstration program shall utilize necessary technologies
    42  to ensure, to the  extent  practicable,  that  photographs,  microphoto-
    43  graphs,  videotape or other recorded images produced by such photo speed
    44  violation monitoring systems shall not include images that identify  the
    45  driver,  the  passengers,  or  the  contents of the vehicle.   Provided,
    46  however, that no notice of liability issued  pursuant  to  this  section
    47  shall  be  dismissed  solely because such a photograph, microphotograph,
    48  videotape or other recorded image allows for the identification  of  the
    49  driver, the passengers, or the contents of vehicles where the city shows
    50  that  it  made  reasonable efforts to comply with the provisions of this
    51  paragraph in such case.
    52    (ii) Photographs, microphotographs, videotape or  any  other  recorded
    53  image  from  a  photo speed violation monitoring system shall be for the
    54  exclusive use of the city for the purpose of the adjudication of liabil-
    55  ity imposed pursuant to this section and of the owner receiving a notice
    56  of liability pursuant to this section, and shall  be  destroyed  by  the

        A. 7043--A                          3
 
     1  city  upon the final resolution of the notice of liability to which such
     2  photographs,  microphotographs,  videotape  or  other  recorded   images
     3  relate,  or  one  year  following the date of issuance of such notice of
     4  liability,  whichever  is  later.  Notwithstanding the provisions of any
     5  other law, rule or regulation to the contrary, photographs,  microphoto-
     6  graphs,  videotape  or  any  other  recorded  image  from  a photo speed
     7  violation monitoring system shall not be open to the public, nor subject
     8  to civil or criminal process or discovery, nor  used  by  any  court  or
     9  administrative  or adjudicatory body in any action or proceeding therein
    10  except that which is necessary for  the  adjudication  of  a  notice  of
    11  liability  issued  pursuant  to  this  section,  and no public entity or
    12  employee, officer or agent  thereof  shall  disclose  such  information,
    13  except  that  such photographs, microphotographs, videotape or any other
    14  recorded images from such systems:
    15    (A) shall be available for inspection and copying and use by the motor
    16  vehicle owner and operator for so long as such photographs,  microphoto-
    17  graphs, videotape or other recorded images are required to be maintained
    18  or are maintained by such public entity, employee, officer or agent; and
    19    (B)  (1)  shall be furnished when described in a search warrant issued
    20  by a court authorized to issue such a search warrant pursuant to article
    21  six hundred ninety of the criminal procedure  law  or  a  federal  court
    22  authorized  to issue such a search warrant under federal law, where such
    23  search warrant states that there is reasonable  cause  to  believe  such
    24  information  constitutes  evidence  of,  or tends to demonstrate that, a
    25  misdemeanor or felony offense was committed in  this  state  or  another
    26  state,  or  that a particular person participated in the commission of a
    27  misdemeanor or felony offense in this state or another state,  provided,
    28  however, that if such offense was against the laws of another state, the
    29  court  shall only issue a warrant if the conduct comprising such offense
    30  would, if occurring in this state, constitute a  misdemeanor  or  felony
    31  against the laws of this state; and
    32    (2) shall be furnished in response to a subpoena duces tecum signed by
    33  a  judge  of  competent  jurisdiction and issued pursuant to article six
    34  hundred ten of the criminal procedure law or a judge or magistrate of  a
    35  federal  court  authorized  to  issue  such a subpoena duces tecum under
    36  federal law, where the judge finds and the subpoena states that there is
    37  reasonable cause to believe such information is relevant and material to
    38  the prosecution, or the defense, or the investigation by  an  authorized
    39  law  enforcement official, of the alleged commission of a misdemeanor or
    40  felony in this state or another state, provided, however, that  if  such
    41  offense  was against the laws of another state, such judge or magistrate
    42  shall only issue such subpoena if the conduct  comprising  such  offense
    43  would, if occurring in this state, constitute a misdemeanor or felony in
    44  this state; and
    45    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    46  of this subparagraph and otherwise admissible, be used in such  criminal
    47  action or proceeding.
    48    (b) If the city of Albany establishes a demonstration program pursuant
    49  to  subdivision  (a)  of  this  section, the owner of a vehicle shall be
    50  liable for a penalty imposed pursuant to this section  if  such  vehicle
    51  was  used  or  operated  with  the  permission  of the owner, express or
    52  implied, within a school speed zone in violation of subdivision  (c)  or
    53  during  the times authorized pursuant to subdivision (a) of this section
    54  in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven
    55  hundred eighty of this article, such vehicle was traveling at a speed of
    56  more  than  ten  miles  per  hour above the posted speed limit in effect

        A. 7043--A                          4
 
     1  within such school speed zone, and such violation is evidenced by infor-
     2  mation obtained from a photo speed violation monitoring system; provided
     3  however that no owner of a vehicle shall be liable for a penalty imposed
     4  pursuant  to  this  section  where the operator of such vehicle has been
     5  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
     6  or (g) of section eleven hundred eighty of this article.
     7    (c)  For  purposes of this section, the following terms shall have the
     8  following meanings:
     9    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    10  the  manual  and  specifications for a uniform system of traffic control
    11  devices maintained by the commissioner  of  transportation  pursuant  to
    12  section sixteen hundred eighty of this chapter;
    13    2.  "owner"  shall  have the meaning provided in article two-B of this
    14  chapter;
    15    3. "photo speed violation monitoring  system"  shall  mean  a  vehicle
    16  sensor  installed  to  work in conjunction with a speed measuring device
    17  which automatically produces two or more photographs, two or more micro-
    18  photographs, a videotape or other recorded images of each vehicle at the
    19  time it is used or operated in a  school  speed  zone  in  violation  of
    20  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    21  of this article in accordance with the provisions of this section; and
    22    4. "school speed zone" shall mean a distance not to exceed  one  thou-
    23  sand  three  hundred twenty feet on a highway passing a school building,
    24  entrance or exit of a school abutting on the highway.
    25    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    26  the  city  of  Albany,  or a facsimile thereof, based upon inspection of
    27  photographs,  microphotographs,  videotape  or  other  recorded   images
    28  produced  by  a  photo speed violation monitoring system, shall be prima
    29  facie evidence of the facts contained therein. Any  photographs,  micro-
    30  photographs,  videotape  or  other  recorded  images  evidencing  such a
    31  violation shall include at least two date and time stamped images of the
    32  rear of the motor vehicle that include the same stationary  object  near
    33  the  motor  vehicle  and shall be available for inspection reasonably in
    34  advance of and at any proceeding to adjudicate the  liability  for  such
    35  violation pursuant to this section.
    36    (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)
    37  or (g) of section eleven hundred eighty of this article  pursuant  to  a
    38  demonstration  program  established  pursuant  to  this section shall be
    39  liable for monetary penalties in accordance with a schedule of fines and
    40  penalties to be promulgated by the parking violations bureau of the city
    41  of Albany. The liability of the owner pursuant to this section shall not
    42  exceed fifty dollars for each violation; provided,  however,  that  such
    43  parking  violations  bureau may provide for an additional penalty not in
    44  excess of twenty-five dollars for each  violation  for  the  failure  to
    45  respond to a notice of liability within the prescribed time period.
    46    (f)  An imposition of liability under the demonstration program estab-
    47  lished pursuant to this section shall not be deemed a conviction  as  an
    48  operator  and  shall  not  be  made  part of the operating record of the
    49  person upon whom such liability is imposed nor  shall  it  be  used  for
    50  insurance purposes in the provision of motor vehicle insurance coverage.
    51    (g) 1. A notice of liability shall be sent by first class mail to each
    52  person  alleged  to be liable as an owner for a violation of subdivision
    53  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    54  cle pursuant to this section, within  fourteen  business  days  if  such
    55  owner is a resident of this state and within forty-five business days if
    56  such  owner  is a non-resident. Personal delivery on the owner shall not

        A. 7043--A                          5
 
     1  be required. A manual or automatic record of  mailing  prepared  in  the
     2  ordinary  course  of business shall be prima facie evidence of the facts
     3  contained therein.
     4    2.  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 certificate charging the liability.
    14    3. The notice of liability  shall  contain  information  advising  the
    15  person charged of the manner and the time in which he or she may contest
    16  the liability alleged in the notice. Such notice of liability shall also
    17  contain a prominent warning to advise the person charged that failure to
    18  contest  in the manner and time provided shall be deemed an admission of
    19  liability and that a default judgment may be entered thereon.
    20    4. The notice of liability shall be prepared and mailed by the city of
    21  Albany, or by any other entity authorized by the  city  to  prepare  and
    22  mail such notice of liability.
    23    (h)  Adjudication of the liability imposed upon owners of this section
    24  shall be by the city of Albany parking violations bureau.
    25    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    26  section for any time period during which the vehicle or the number plate
    27  or  plates  of  such  vehicle  was  reported to the police department as
    28  having been stolen, it shall be a valid  defense  to  an  allegation  of
    29  liability  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    30  section eleven hundred eighty of this article pursuant to  this  section
    31  that  the vehicle or the number plate or plates of such vehicle had been
    32  reported to the police  as  stolen  prior  to  the  time  the  violation
    33  occurred  and  had  not  been  recovered  by  such time. For purposes of
    34  asserting the defense provided by this subdivision, it shall  be  suffi-
    35  cient  that  a certified copy of the police report on the stolen vehicle
    36  or number plate or plates of such vehicle be sent by first class mail to
    37  the city of Albany parking violations bureau  or  by  any  other  entity
    38  authorized by the city to prepare and mail such notice of liability.
    39    (j)  Adjudication of the liability imposed upon owners of this section
    40  shall be by the city of Albany parking violations bureau.
    41    (k) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
    42  liability  was  issued pursuant to subdivision (g) of this section shall
    43  not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
    44  of section eleven hundred  eighty  of  this  article  pursuant  to  this
    45  section, provided that:
    46    (i)  prior  to  the  violation, the lessor has filed with such parking
    47  violations bureau in accordance  with  the  provisions  of  section  two
    48  hundred thirty-nine of this chapter; and
    49    (ii)  within thirty-seven days after receiving notice from such bureau
    50  of the date and time of a liability, together with the other information
    51  contained in the original notice of liability,  the  lessor  submits  to
    52  such  bureau  the  correct name and address of the lessee of the vehicle
    53  identified in the notice of liability at the  time  of  such  violation,
    54  together with such other additional information contained in the rental,
    55  lease  or other contract document, as may be reasonably required by such
    56  bureau pursuant to regulations that may be promulgated for such purpose.

        A. 7043--A                          6
 
     1    2. Failure to comply with subparagraph (ii) of paragraph one  of  this
     2  subdivision  shall render the owner liable for the penalty prescribed in
     3  this section.
     4    3.  Where  the lessor complies with the provisions of paragraph one of
     5  this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
     6  violation  shall  be deemed to be the owner of such vehicle for purposes
     7  of this section, shall be subject to liability for such violation pursu-
     8  ant to this section and shall be sent a notice of liability pursuant  to
     9  subdivision (g) of this section.
    10    (l)  1.  If the owner liable for a violation of subdivision (c) or (d)
    11  of section eleven hundred  eighty  of  this  article  pursuant  to  this
    12  section  was  not  the  operator  of  the  vehicle  at  the  time of the
    13  violation, the owner may maintain an action for indemnification  against
    14  the operator.
    15    2.  Notwithstanding any other provision of this section, no owner of a
    16  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    17  section if the operator of such vehicle was operating such vehicle with-
    18  out  the  consent  of  the owner at the time such operator operated such
    19  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    20  eleven hundred eighty of this article. For purposes of this  subdivision
    21  there shall be a presumption that the operator of such vehicle was oper-
    22  ating such vehicle with the consent of the owner at the time such opera-
    23  tor operated such vehicle in violation of subdivision (b), (c), (d), (f)
    24  or (g) of section eleven hundred eighty of this article.
    25    (m)  Nothing in this section shall be construed to limit the liability
    26  of an operator of a vehicle for any violation of subdivision (c) or  (d)
    27  of section eleven hundred eighty of this article.
    28    (n) If the city adopts a demonstration program pursuant to subdivision
    29  (a) of this section it shall conduct a study and submit an annual report
    30  on  the  results of the use of photo devices to the governor, the tempo-
    31  rary president of the senate and the  speaker  of  the  assembly  on  or
    32  before  the first day of June next succeeding the effective date of this
    33  section and on the same date in each succeeding year in which the demon-
    34  stration program is operable. Such report shall include:
    35    1. the locations where and dates when photo speed violation monitoring
    36  systems were used;
    37    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    38  injuries  and  property  damage  reported  within all school speed zones
    39  within the city, to the extent the  information  is  maintained  by  the
    40  department of motor vehicles of this state;
    41    3.  the  aggregate  number,  type and severity of crashes, fatalities,
    42  injuries and property damage reported within school  speed  zones  where
    43  photo  speed  violation  monitoring systems were used, to the extent the
    44  information is maintained by the department of motor  vehicles  of  this
    45  state;
    46    4.  the  number  of  violations recorded within all school speed zones
    47  within the city, in the aggregate on a daily, weekly and monthly basis;
    48    5. the number of violations recorded within  each  school  speed  zone
    49  where  a  photo speed violation monitoring system is used, in the aggre-
    50  gate on a daily, weekly and monthly basis;
    51    6. the number of violations recorded within  all  school  speed  zones
    52  within the city that were:
    53    (i)  more  than  ten  but not more than twenty miles per hour over the
    54  posted speed limit;
    55    (ii) more than twenty but not more than thirty miles per hour over the
    56  posted speed limit;

        A. 7043--A                          7
 
     1    (iii) more than thirty but not more than forty miles per hour over the
     2  posted speed limit; and
     3    (iv) more than forty miles per hour over the posted speed limit;
     4    7.  the  number  of  violations recorded within each school speed zone
     5  where a photo speed violation monitoring system is used that were:
     6    (i) more than ten but not more than twenty miles  per  hour  over  the
     7  posted speed limit;
     8    (ii) more than twenty but not more than thirty miles per hour over the
     9  posted speed limit;
    10    (iii) more than thirty but not more than forty miles per hour over the
    11  posted speed limit; and
    12    (iv) more than forty miles per hour over the posted speed limit;
    13    8.  the  total  number  of  notices of liability issued for violations
    14  recorded by such systems;
    15    9. the number of fines and total amount of fines paid after the  first
    16  notice of liability issued for violations recorded by such systems;
    17    10. the number of violations adjudicated and the results of such adju-
    18  dications  including  breakdowns  of  dispositions  made  for violations
    19  recorded by such systems;
    20    11. the total amount of revenue realized by  the  city  in  connection
    21  with the program;
    22    12.  the expenses incurred by the city in connection with the program;
    23  and
    24    13. the quality of the adjudication process and its results.
    25    (o) It shall be a defense to any prosecution for a violation of subdi-
    26  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    27  this  article  pursuant  to this section that such photo speed violation
    28  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    29  violation.
    30    § 2. Subdivision 2 of section 87 of the public officers law is amended
    31  by adding a new paragraph (t) to read as follows:
    32    (t)  are  photographs,  microphotographs,  videotape or other recorded
    33  images prepared under the authority of section eleven  hundred  eighty-f
    34  of the vehicle and traffic law.
    35    §  3.  The  purchase or lease of equipment for a demonstration program
    36  established pursuant to section 1180-f of the vehicle and  traffic  law,
    37  as  added by section one of this act, shall be subject to the provisions
    38  of section 103 of the general municipal law.
    39    § 4. This act shall take effect on the thirtieth day  after  it  shall
    40  have  become  a  law  and shall expire December 31, 2028, when upon such
    41  date the provisions of this act shall be deemed repealed.
    42    Effective immediately, the addition, amendment and/or  repeal  of  any
    43  rule  or  regulation necessary for the implementation of this act on its
    44  effective date are authorized to be made and completed on or before such
    45  effective date.
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