BILL NUMBER: S9735
SPONSOR: BAILEY
 
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:
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 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 find-
ings of liability for motor vehicle insurance purposes. The bill author-
izes 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.
 
EXISTING LAW:
 
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.
 
LEGISLATIVE HISTORY:
A.8368B(2013)
 
FISCAL IMPLICATIONS:
Undetermined.
 
LOCAL FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately.