BILL NUMBER: S10196A
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 Amsterdam; and providing for the repeal of such
provisions upon expiration thereof
 
PURPOSE:
To allow the city of Amsterdam to establish a school speed school zone
camera demonstration program.
 
SUMMARY OF PROVISIONS:
Section 1 amends the Vehicle and Traffic Law by adding a new section
1180-i to authorize the City of Amsterdam to establish a school speed
zone camera demonstration program with the following provisions:
Subdivision (a): Authorizes the program and permits the installation and
operation of photo speed violation monitoring systems within no more
than five school speeding zones. Establishes applicable time periods
(school hours, before/after school, and school activities) and requires
the City to consider safety-related criteria when selecting locations.
Also establishes operational requirements including system testing,
signage, operator training, and annual calibration.
Subdivision (b): Establishes owner liability for violations captured by
the system when a vehicle exceeds the posted speed limit by more than
ten miles per hour, provided the vehicle was operated with the owner's
permission.
Subdivision (c): Defines key terms, including "owner," "photo speed
violation monitoring system," "school speed zone."
Subdivision (d): Provides that photographic and recorded evidence,
certified by a technician, shall constitute prima facie evidence of a
violation.
Subdivision (e): Establishes civil penalties, capping fines at fifty
dollars per violation, with an additional penalty for failure to respond
to a notice of liability.
Subdivision (f): Clarifies that violations shall not be deemed criminal
convictions, shall not be recorded on a driver's record, and shall not
impact insurance.
Subdivision (g): Sets forth procedures for issuing a notice of liabil-
ity, including required contents, timelines for mailing, and
instructions for contesting violations.
Subdivision (h): Provides that adjudication shall be conducted by the
city of Amsterdam parking violations bureau or other authorized agency.
Subdivision (i): Establishes a defense where the vehicle or license
plates were reported stolen prior to the violation.
Subdivision (j): Provides rules for leased or rented vehicles, allowing
liability to be transferred to the lessee under specified conditions.
Subdivision (k): Allows an owner to seek indemnification from the opera-
tor and provides a defense where the vehicle was used without the
owner's consent.
Subdivision (1): Clarifies that the section does not limit the liability
of the vehicle operator under other provisions of law.
Subdivision (m): Requires the City of Amsterdam to submit annual reports
detailing program performance, including violations, crashes, revenues,
expenses, and adjudication outcomes.
Subdivision (n): Establishes a defense where the monitoring system was
malfunctioning at the time of the alleged violation.
Section 2 amends the Public Officers Law to exempt photographs, micro-
photographs, videotape or other recorded images prepared under the
authority of section 1180-i of the vehicle and traffic law.
Section 3 provides that the purchase or lease of equipment for the
demonstration program shall be subject to the provisions 12 of section
103 of the general municipal law.
Section 4 establishes that the act shall take effect on the thirtieth
day after it becomes law and shall expire on December 31, 2031.
 
JUSTIFICATION:
Speeding in the city of Amsterdam, combined with a law an already over-
burdened police department, has created a law enforcement challenge and
safety concerns.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 31, 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:
S10196: 87 public officers law, 87(2) public officers law
S10196A: 87 public officers law, 87(2) public officers law