Amd V & T L, generally; amd §87, Pub Off L; add §371-a, Gen Muni L
Relates to the adjudication of certain traffic infractions and notices of liability involving the use of photo monitoring devices; authorizes adjudication of traffic control signal indications in the village of Pelham Manor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1145A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the vehicle and traffic law, the general municipal law
and the public officers law, in relation to certain traffic infractions
and notices of liability; to amend the vehicle and traffic law, in
relation to adjudications and owner liability for a violation of traff-
ic-control signal indications in the village of Pelham Manor; to repeal
certain provisions of the vehicle and traffic law relating thereto; and
providing for the repeal of certain provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the village of Pelham Manor to install a red light camera
at one of its intersections.
SUMMARY OF SPECIFIC PROVISIONS:
Section one repeals section 235 of the Vehicle and Traffic Law (VTL) and
adds a new section 235 establishing the jurisdiction to adjudicate red
light camera traffic violations.
Section two repeals subdivision 1 of section 236 of the VTL and adds a
new section 236, providing for the creation of traffic violations bureau
which shall have jurisdiction over traffic infractions, including red
light camera violations.
Section three repeals paragraph f of subdivision 1 of section 239 of the
VTL and adds a new paragraph f, providing a definition for a "notice of
violation."
Section four repeals subdivision 1 and 1 a of section 240 of the VTL and
adds new subdivisions 1 and la, which stipulate the requirements related
to a notice of hearing.
Section five repeals paragraphs a and g of subdivision 2 of section 240
of the VTL and adds a new paragraph a and g to provide that any hearing
for the adjudication of a red light camera violation shall be held
before a hearing examiner and also provides that a record must be made
of a hearing on a plea of not guilty.
Section six repeals subdivisions 1 and 2 of section 241 of the VTL and
adds a new subdivision 1 and 2 to provide that a hearing examiner must
make a determination on charges, either sustaining or dismissing them.
Section seven repeals subdivision 5a of section 401 of the VTL and adds
a new subdivision 5a to section 401 of the VTL, allowing for a denial of
vehicle registration or renewal for a failure to appear before the court
for one of several violations, including a red light camera violation.
Sections eight and eight-a amend the opening paragraph and paragraph
(c) of subdivision 1 of section 1809 of the vehicle and traffic law,
allowing for a levying of a crime victim assistance fee in certain
circumstances.
Sections eight-b through eight-h amend subdivision 1 of section 1809 of
the VTL, allowing for a levying of a crime victim assistance fee in
certain circumstances.
Section nine adds a new subdivision 1-a to section 1809 of the VTL,
relating to a mandatory surcharge and crime victim assistance fee.
Section nine-a repeals paragraph a of subdivision 1 of section 1809e of
the VTL and adds a new paragraph a, allowing for the charging of a $28
surcharge in certain circumstances.
Section ten adds a new section 371-a to the VTL allowing for the adjudi-
cation of certain traffic violations, including red light camera
violations.
Section eleven adds a new section 1111-f to the VTL, authorizing Pelham
Manor to install a red light camera at one of its intersections.
Section twelve adds a new paragraph (r) to subdivision 2 of section 87
of the public officers law to provide agency may deny access to records
or portions thereof are photographs, microphotographs, videotape or
other recorded images from a red light camera authorized under section
111-f of the VTL.
Section thirteen provides that the purchased of equipment for the red
light camera demonstration project shall be subject to procurement
requirements of section 103 of the general municipal law.
Section fourteen provides the effective date.
JUSTIFICATION:
This legislation will authorize the village of Pelham Manor to install a
red light camera at one of its intersections. The intent of the village
would be to install the camera at the Pelhamdale Avenue intersection,
which is under the village's sole jurisdiction. The village community
has expressed concerns over the public's safety at this intersection.
There is a nursery school, shopping center and a number of elderly resi-
dents surrounding this intersection, as well as high school students who
regularly use the crosswalk. Affording this authorization to Pelham
Manor will allow the village to more effectively address red light
violations and will improve the safety of all who travel through or
across the Pelhamdale Avenue intersection.
PRIOR LEGISLATIVE HISTORY:
A.10213, 2020, referred to transportation Same as S.8137, 2020, referred
to transportation.
FISCAL IMPLICATIONS:
None to the state.
