BILL NUMBER: S9453
SPONSOR: ROLISON
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to adjudi-
cations and owner liability for a violation of traffic-control signal
indications in the city of Poughkeepsie; to amend the public officers
law, in relation to accessing records; and providing for the repeal of
certain provisions upon expiration thereof
PURPOSE:
Authorizes the City of Poughkeepsie to install and use nine cameras
attached to traffic lights and other types of traffic control devices,
commonly known as "red light cameras."
SUMMARY OF PROVISIONS:
Section 1 adds a new section 1111-j to the Vehicle and Traffic Law
authorizing the City of Poughkeepsie to establish a red-light camera
demonstration program.
Subdivision (a) authorizes the City to adopt a local law creating a
demonstration program imposing monetary liability on vehicle owners for
red-light violations. The program may operate at no more than nine
intersections at any one time and must, to the extent practicable, avoid
capturing identifiable images of drivers, passengers, or vehicle
contents.
Subdivision (b) establishes owner liability where a vehicle is operated
with the owner's express or implied permission in violation of Vehicle
and Traffic Law section 1111(d), unless the operator has already been
convicted of the underlying violation.
Subdivision (c) provides definitions applicable to this section. It
states that the term "owner" shall have the same meaning as set forth in
article two-B of the Vehicle and Traffic Law. It further defines a
"traffic-control signal photo violation-monitoring system" as a vehicle
sensor installed to operate in conjunction with a traffic-control signal
that automatically produces two or more photographs, microphotographs,
videotape, or other recorded images of a vehicle at the time it is used
or operated in violation of subdivision (d) of section 1111.
Subdivision (d) provides that a sworn certificate from a city techni-
cian, based on camera evidence, constitutes prima facie evidence of the
violation. Recorded images must be available for inspection in adjudi-
cation proceedings.
Subdivision (e) sets forth penalties, limiting liability to a maximum of
$50 per violation, with an additional penalty not exceeding $25 for
failure to respond to a notice. Fines are to be established by local law
or, if applicable, a parking violations bureau.
Subdivision (g) clarifies that liability is civil in nature and shall
not be deemed a criminal conviction, placed on a driving record, or used
for insurance purposes.
Subdivision (g) outlines notice requirements, including mailing by
first-class mail, required contents of the notice, and warning of
default for failure to respond.
Subdivision (h) provides for adjudication by a traffic violations
bureau, a court of competent jurisdiction, or a parking violations
bureau if authorized by local law.
Subdivision (i) establishes a defense where the vehicle was reported
stolen prior to the violation and not yet recovered.
Subdivision (j) sets forth provisions governing rental and leased vehi-
cles.
Paragraph 1 provides that where adjudication is conducted by a traffic
violations bureau or court, a vehicle lessor shall not be liable for a
violation if, within thirty-seven days of receiving notice, the lessor
submits a copy of the rental, lease, or other contract document covering
the vehicle on the date of the violation, clearly identifying the
lessee's name and address. Failure to provide such information within
the prescribed time renders the lessor liable. Where the lessor
complies, the lessee is deemed the owner for purposes of this section
and shall be subject to liability and issued a notice of liability.
Paragraph 2 provides similar procedures where adjudication is conducted
by a parking violations bureau authorized by local law. In such cases,
the lessor must have previously complied with filing requirements under
section 239 of the Vehicle and Traffic Law and, within thirty-seven days
of notice, must provide the bureau with the correct name and address of
the lessee and any additional required contract information. Failure to
comply results in owner liability. Upon proper compliance, the lessee
is deemed the owner for purposes of this section and assumes liability
for the violation.
Subdivision (k) permits an owner who was not the operator to seek indem-
nification from the operator and provides that no owner shall be liable
where the vehicle was operated without consent, though consent is
presumed.
Subdivision (1) clarifies that nothing in the section limits the liabil-
ity of the actual operator of the vehicle.
Subdivision (m) requires the City to submit an annual report to the
Governor, the Temporary President of the Senate, and the Speaker of the
Assembly detailing program data, including locations, accident statis-
tics, violations, adjudications, revenues, expenses, and overall program
performance.
Subdivision (n) provides a defense where the traffic-control signal was
malfunctioning at the time of the alleged violation.
Section 2 amends subdivision 2 of section 87 of the Public Officers Law
by adding a new paragraph (w) relating to records generated under Vehi-
cle and Traffic Law section 1111-j in the City of Poughkeepsie.
Paragraph (w) provides that photographs, microphotographs, videotape, or
other recorded images prepared pursuant to section 1111-j are exempt
from disclosure under the Freedom of Information Law,
Section 3: Establishes that the purchase or lease of equipment for the
program will be procured per section 103 of the General Municipal Law.
Section 4: Establishes the effective date which shall be on the 30th day
after it shall have become a law and shall expire December 1, 2031.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
JUSTIFICATION:
In recent years, there has been a troubling trend showing an increase in
traffic crashes with pedestrians and cyclist resulting in serious inju-
ries and even deaths, Law enforcement is also seeing a rising trend of
traffic violations and dangerous behavior among motorists.
To combat this trend, particularly around schools, the City of Pough-
keepsie is seeking authorization to deploy "red light cameras" to fine
offending motorists at select intersections. In Poughkeepsie, school-
children must cross busy streets walking to schools. On September 29,
2025, 72-year-old James Montanino, a school crossing guard, was struck
and killed by a car while he was helping children cross the street near
Smith Elementary School at the intersection of Baker Street and Quaker
Street around 7:30 a.m. The school is located off a three-lane arterial
highway. Before reaching the school, there are numerous traffic lights
which should slow down drivers and make the route safer, but many driv-
ers try to beat the red light or go through a red light and put these
schoolchildren and others at risk.
The program seeks to discourage this behavior and make the streets safer
for all.
This program will allow the City to use camera technology to fine driv-
ers that run red lights. The City will have discretion on which inter-
sections to install the cameras at.
Running a red light is among the most dangerous traffic violations
because it directly undermines the fundamental safety function of traff-
ic-control signals. When a driver disregards a red signal, the risk of
high-speed collisions increases dramatically. Red-light violations also
place pedestrians and cyclists at risk. Individuals lawfully crossing
with the signal have little ability to anticipate or avoid a vehicle
entering the intersection against a red light. A single act of noncom-
pliance can have irreversible consequences for families and communities.
Traffic signals are only effective if they are obeyed Automated enforce-
ment provides a consistent and objective mechanism to deter violations
and reinforce compliance with traffic laws. The purpose of this legis-
lation is not to create criminal penalties or driver points, but to
change behavior and prevent crashes before they occur.
This bill authorizes the City of Poughkeepsie to implement a limited
red-light camera demonstration program designed specifically to address
this dangerous conduct. The program imposes civil liability only, caps
fines at modest levels, does not impact driving records or insurance
rates, and includes procedural protections and reporting requirements.
By focusing on deterrence rather than punishment, the legislation seeks
to reduce preventable intersection crashes and improve safety for all
road users.
This bill provides an accountable tool to reinforce compliance, protect
pedestrians and motorists, and promote safer streets in the City of
Poughkeepsie.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPACT:
To be determined There will be costs to Poughkeepsie to install the
cameras and the program, but these initial costs may be offset by the
fines collected.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 1, 2031 when upon such date the
provisions of this act shall be deemed repealed. Effective immediately,
the, addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
Statutes affected: S9453: 87 public officers law, 87(2) public officers law