A 11180: Establishes a school speed zone camera demonstration program in the village of Pelham; repeals authorization of program December 31, 2031.

  
  STATE OF NEW YORK ________________________________________________________________________ 11180  IN ASSEMBLY May 1, 2026 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Transportation 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 village of Pelham; 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-i to read as follows: 3 § 1180-i. Owner liability for failure of operator to comply with 4 certain posted maximum speed limits; village of Pelham. (a) 1. Notwith- 5 standing any other provision of law, the village of Pelham is hereby 6 authorized to establish a demonstration program imposing monetary 7 liability on the owner of a vehicle for failure of an operator thereof 8 to comply with posted maximum speed limits in a school speed zone within 9 such village (i) when a school speed limit is in effect as provided in 10 paragraphs one and two of subdivision (c) of section eleven hundred 11 eighty of this article or (ii) when other speed limits are in effect as 12 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 13 eighty of this article during the following times: (A) on school days 14 during school hours and one hour before and one hour after the school 15 day, and (B) a period during student activities at the school and up to 16 thirty minutes immediately before and up to thirty minutes immediately 17 after such student activities. Such demonstration program shall empower 18 the village of Pelham to install photo speed violation monitoring 19 systems within no more than twenty school speed zones within such 20 village at any one time and to operate such systems within such zones 21 (iii) when a school speed limit is in effect as provided in paragraphs 22 one and two of subdivision (c) of section eleven hundred eighty of this 23 article or (iv) when other speed limits are in effect as provided in 24 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 25 this article during the following times: (A) on school days during 26 school hours and one hour before and one hour after the school day, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15724-01-6 
 A. 11180 2 1 (B) a period during student activities at the school and up to thirty 2 minutes immediately before and up to thirty minutes immediately after 3 such student activities. In selecting a school speed zone in which to 4 install and operate a photo speed violation monitoring system, the 5 village shall consider criteria including, but not limited to, the speed 6 data, crash history, and the roadway geometry applicable to such school 7 speed zone. 8 2. No photo speed violation monitoring system shall be used in a 9 school speed zone unless (i) on the day it is to be used it has success- 10 fully passed a self-test of its functions; and (ii) it has undergone an 11 annual calibration check performed pursuant to paragraph four of this 12 subdivision. The village shall install signs giving notice that a photo 13 speed violation monitoring system is in use to be mounted on advance 14 warning signs notifying motor vehicle operators of such upcoming school 15 speed zone and/or on speed limit signs applicable within such school 16 speed zone, in conformance with standards established in the MUTCD. 17 3. Operators of photo speed violation monitoring systems shall have 18 completed training in the procedures for setting up, testing, and oper- 19 ating such systems. Each such operator shall complete and sign a daily 20 set-up log for each such system that the operator operates that (i) 21 states the date and time when, and the location where, the system was 22 set up that day, and (ii) states that such operator successfully 23 performed, and the system passed, the self-tests of such system before 24 producing a recorded image that day. The village shall retain each such 25 daily log until the later of the date on which the photo speed violation 26 monitoring system to which it applies has been permanently removed from 27 use or the final resolution of all cases involving notices of liability 28 issued based on photographs, microphotographs, videotape or other 29 recorded images produced by such system. 30 4. Each photo speed violation monitoring system shall undergo an annu- 31 al calibration check performed by an independent calibration laboratory 32 which shall issue a signed certificate of calibration. The village shall 33 keep each such annual certificate of calibration on file until the final 34 resolution of all cases involving a notice of liability issued during 35 such year which were based on photographs, microphotographs, videotape 36 or other recorded images produced by such photo speed violation monitor- 37 ing system. 38 5. (i) Such demonstration program shall utilize necessary technologies 39 to ensure, to the extent practicable, that photographs, microphoto- 40 graphs, videotape or other recorded images produced by such photo speed 41 violation monitoring systems shall not include images that identify the 42 driver, the passengers, or the contents of the vehicle. Provided, 43 however, that no notice of liability issued pursuant to this section 44 shall be dismissed solely because such a photograph, microphotograph, 45 videotape or other recorded image allows for the identification of the 46 driver, the passengers, or the contents of vehicles where the village 47 shows that it made reasonable efforts to comply with the provisions of 48 this paragraph in such case. 49 (ii) Photographs, microphotographs, videotape or any other recorded 50 image from a photo speed violation monitoring system shall be for the 51 exclusive use of the village for the purpose of the adjudication of 52 liability imposed pursuant to this section and of the owner receiving a 53 notice of liability pursuant to this section, and shall be destroyed by 54 the village upon the final resolution of the notice of liability to 55 which such photographs, microphotographs, videotape or other recorded 56 images relate, or one year following the date of issuance of such notice 
 A. 11180 3 1 of liability, whichever is later. Notwithstanding the provisions of any 2 other law, rule or regulation to the contrary, photographs, microphoto- 3 graphs, videotape or any other recorded image from a photo speed 4 violation monitoring system shall not be open to the public, nor subject 5 to civil or criminal process or discovery, nor used by any court or 6 administrative or adjudicatory body in any action or proceeding therein 7 except that which is necessary for the adjudication of a notice of 8 liability issued pursuant to this section, and no public entity or 9 employee, officer or agent thereof shall disclose such information, 10 except that such photographs, microphotographs, videotape or any other 11 recorded images from such systems: 12 (A) shall be available for inspection and copying and use by the motor 13 vehicle owner and operator for so long as such photographs, microphoto- 14 graphs, videotape or other recorded images are required to be maintained 15 or are maintained by such public entity, employee, officer or agent; and 16 (B) (1) shall be furnished when described in a search warrant issued 17 by a court authorized to issue such a search warrant pursuant to article 18 six hundred ninety of the criminal procedure law or a federal court 19 authorized to issue such a search warrant under federal law, where such 20 search warrant states that there is reasonable cause to believe such 21 information constitutes evidence of, or tends to demonstrate that, a 22 misdemeanor or felony offense was committed in this state or another 23 state, or that a particular person participated in the commission of a 24 misdemeanor or felony offense in this state or another state, provided, 25 however, that if such offense was against the laws of another state, the 26 court shall only issue a warrant if the conduct comprising such offense 27 would, if occurring in this state, constitute a misdemeanor or felony 28 against the laws of this state; and 29 (2) shall be furnished in response to a subpoena duces tecum signed by 30 a judge of competent jurisdiction and issued pursuant to article six 31 hundred ten of the criminal procedure law or a judge or magistrate of a 32 federal court authorized to issue such a subpoena duces tecum under 33 federal law, where the judge finds and the subpoena states that there is 34 reasonable cause to believe such information is relevant and material to 35 the prosecution, or the defense, or the investigation by an authorized 36 law enforcement official, of the alleged commission of a misdemeanor or 37 felony in this state or another state, provided, however, that if such 38 offense was against the laws of another state, such judge or magistrate 39 shall only issue such subpoena if the conduct comprising such offense 40 would, if occurring in this state, constitute a misdemeanor or felony in 41 this state; and 42 (3) may, if lawfully obtained pursuant to this clause and clause (A) 43 of this subparagraph and otherwise admissible, be used in such criminal 44 action or proceeding. 45 (b) If the village of Pelham establishes a demonstration program 46 pursuant to subdivision (a) of this section, the owner of a vehicle 47 shall be liable for a penalty imposed pursuant to this section if such 48 vehicle was used or operated with the permission of the owner, express 49 or implied, within a school speed zone in violation of subdivision (c) 50 or during the times authorized pursuant to subdivision (a) of this 51 section in violation of subdivision (b), (d), (f) or (g) of section 52 eleven hundred eighty of this article, such vehicle was traveling at a 53 speed of more than ten miles per hour above the posted speed limit in 54 effect within such school speed zone, and such violation is evidenced by 55 information obtained from a photo speed violation monitoring system; 56 provided however that no owner of a vehicle shall be liable for a penal- 
 A. 11180 4 1 ty imposed pursuant to this section where the operator of such vehicle 2 has been convicted of the underlying violation of subdivision (b), (c), 3 (d), (f) or (g) of section eleven hundred eighty of this article. 4 (c) For purposes of this section, the following terms shall have the 5 following meanings: 6 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 7 the manual and specifications for a uniform system of traffic control 8 devices maintained by the commissioner of transportation pursuant to 9 section sixteen hundred eighty of this chapter; 10 2. "owner" shall have the meaning provided in article two-B of this 11 chapter; 12 3. "photo speed violation monitoring system" shall mean a vehicle 13 sensor installed to work in conjunction with a speed measuring device 14 which automatically produces two or more photographs, two or more micro- 15 photographs, a videotape or other recorded images of each vehicle at the 16 time it is used or operated in a school speed zone in violation of 17 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 18 of this article in accordance with the provisions of this section; and 19 4. "school speed zone" shall mean a distance not to exceed one thou- 20 sand three hundred twenty feet on a highway passing a school building, 21 entrance or exit of a school abutting on the highway. 22 (d) A certificate, sworn to or affirmed by a technician employed by 23 the village of Pelham, or a facsimile thereof, based upon inspection of 24 photographs, microphotographs, videotape or other recorded images 25 produced by a photo speed violation monitoring system, shall be prima 26 facie evidence of the facts contained therein. Any photographs, micro- 27 photographs, videotape or other recorded images evidencing such a 28 violation shall include at least two date and time stamped images of the 29 rear of the motor vehicle that include the same stationary object near 30 the motor vehicle and shall be available for inspection reasonably in 31 advance of and at any proceeding to adjudicate the liability for such 32 violation pursuant to this section. 33 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 34 or (g) of section eleven hundred eighty of this article pursuant to a 35 demonstration program established pursuant to this section shall be 36 liable for monetary penalties in accordance with a schedule of fines and 37 penalties to be promulgated by the traffic advisory committee of the 38 village of Pelham. The liability of the owner pursuant to this section 39 shall not exceed fifty dollars for each violation; provided, however, 40 that such traffic advisory committee may provide for an additional 41 penalty not in excess of twenty-five dollars for each violation for the 42 failure to respond to a notice of liability within the prescribed time 43 period. 44 (f) An imposition of liability under the demonstration program estab- 45 lished pursuant to this section shall not be deemed a conviction as an 46 operator and shall not be made part of the operating record of the 47 person upon whom such liability is imposed nor shall it be used for 48 insurance purposes in the provision of motor vehicle insurance coverage. 49 (g) 1. A notice of liability shall be sent by first class mail to each 50 person alleged to be liable as an owner for a violation of subdivision 51 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 52 cle pursuant to this section, within fourteen business days if such 53 owner is a resident of this state and within forty-five business days if 54 such owner is a non-resident. Personal delivery on the owner shall not 55 be required. A manual or automatic record of mailing prepared in the 
 A. 11180 5 1 ordinary course of business shall be prima facie evidence of the facts 2 contained therein. 3 2. A notice of liability shall contain the name and address of the 4 person alleged to be liable as an owner for a violation of subdivision 5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 6 cle pursuant to this section, the registration number of the vehicle 7 involved in such violation, the location where such violation took 8 place, the date and time of such violation, the identification number of 9 the camera which recorded the violation or other document locator 10 number, at least two date and time stamped images of the rear of the 11 motor vehicle that include the same stationary object near the motor 12 vehicle, and the certificate charging the liability. 13 3. The notice of liability shall contain information advising the 14 person charged of the manner and the time in which the person may 15 contest the liability alleged in the notice. Such notice of liability 16 shall also contain a prominent warning to advise the person charged that 17 failure to contest in the manner and time provided shall be deemed an 18 admission of liability and that a default judgment may be entered there- 19 on. 20 4. The notice of liability shall be prepared and mailed by the village 21 of Pelham, or by any other entity authorized by the village to prepare 22 and mail such notice of liability. 23 (h) Adjudication of the liability imposed upon owners of this section 24 shall be by the village of Pelham traffic advisory committee. 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 village of Pelham traffic advisory committee or by any other entity 38 authorized by the village 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 village of Pelham traffic advisory committee. 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 traffic 47 advisory committee 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 commit- 50 tee of the date and time of a liability, together with the other infor- 51 mation contained in the original notice of liability, the lessor submits 52 to such committee the correct name and address of the lessee of the 53 vehicle identified in the notice of liability at the time of such 54 violation, together with such other additional information contained in 55 the rental, lease or other contract document, as may be reasonably 
 A. 11180 6 1 required by such committee pursuant to regulations that may be promul- 2 gated for such purpose. 3 2. Failure to comply with subparagraph (ii) of paragraph one of this 4 subdivision shall render the owner liable for the penalty prescribed in 5 this section. 6 3. Where the lessor complies with the provisions of paragraph one of 7 this subdivision, the lessee of such vehicle on the date of such 8 violation shall be deemed to be the owner of such vehicle for purposes 9 of this section, shall be subject to liability for such violation pursu- 10 ant to this section and shall be sent a notice of liability pursuant to 11 subdivision (g) of this section. 12 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 13 of section eleven hundred eighty of this article pursuant to this 14 section was not the operator of the vehicle at the time of the 15 violation, the owner may maintain an action for indemnification against 16 the operator. 17 2. Notwithstanding any other provision of this section, no owner of a 18 vehicle shall be subject to a monetary fine imposed pursuant to this 19 section if the operator of such vehicle was operating such vehicle with- 20 out the consent of the owner at the time such operator operated such 21 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 22 eleven hundred eighty of this article. For purposes of this subdivision 23 there shall be a presumption that the operator of such vehicle was oper- 24 ating such vehicle with the consent of the owner at the time such opera- 25 tor operated such vehicle in violation of subdivision (b), (c), (d), (f) 26 or (g) of section eleven hundred eighty of this article. 27 (m) Nothing in this section shall be construed to limit the liability 28 of an operator of a vehicle for any violation of subdivision (c) or (d) 29 of section eleven hundred eighty of this article. 30 (n) If the village adopts a demonstration program pursuant to subdivi- 31 sion (a) of this section it shall conduct a study and submit an annual 32 report on the results of the use of photo devices to the governor, the 33 temporary president of the senate and the speaker of the assembly on or 34 before the first day of June next succeeding the effective date of this 35 section and on the same date in each succeeding year in which the demon- 36 stration program is operable. Such report shall include: 37 1. the locations where and dates when photo speed violation monitoring 38 systems were used; 39 2. the aggregate number, type and severity of crashes, fatalities, 40 injuries and property damage reported within all school speed zones 41 within the village, to the extent the information is maintained by the 42 department of motor vehicles of this state; 43 3. the aggregate number, type and severity of crashes, fatalities, 44 injuries and property damage reported within school speed zones where 45 photo speed violation monitoring systems were used, to the extent the 46 information is maintained by the department of motor vehicles of this 47 state; 48 4. the number of violations recorded within all school speed zones 49 within the village, in the aggregate on a daily, weekly and monthly 50 basis; 51 5. the number of violations recorded within each school speed zone 52 where a photo speed violation monitoring system is used, in the aggre- 53 gate on a daily, weekly and monthly basis; 54 6. the number of violations recorded within all school speed zones 55 within the village that were: 
 A. 11180 7 1 (i) more than ten but not more than twenty miles per hour over the 2 posted speed limit; 3 (ii) more than twenty but not more than thirty miles per hour over the 4 posted speed limit; 5 (iii) more than thirty but not more than forty miles per hour over the 6 posted speed limit; and 7 (iv) more than forty miles per hour over the posted speed limit; 8 7. the number of violations recorded within each school speed zone 9 where a photo speed violation monitoring system is used that were: 10 (i) more than ten but not more than twenty miles per hour over the 11 posted speed limit; 12 (ii) more than twenty but not more than thirty miles per hour over the 13 posted speed limit; 14 (iii) more than thirty but not more than forty miles per hour over the 15 posted speed limit; and 16 (iv) more than forty miles per hour over the posted speed limit; 17 8. the total number of notices of liability issued for violations 18 recorded by such systems; 19 9. the number of fines and total amount of fines paid after the first 20 notice of liability issued for violations recorded by such systems; 21 10. the number of violations adjudicated and the results of such adju- 22 dications including breakdowns of dispositions made for violations 23 recorded by such systems; 24 11. the total amount of revenue realized by the village in connection 25 with the program; 26 12. the expenses incurred by the village in connection with the 27 program; and 28 13. the quality of the adjudication process and its results. 29 (o) It shall be a defense to any prosecution for a violation of subdi- 30 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 31 this article pursuant to this section that such photo speed violation 32 monitoring system was malfunctioning at the time of the alleged 33 violation. 34 § 2. Subdivision 2 of section 87 of the public officers law is amended 35 by adding a new paragraph (w) to read as follows: 36 (w) are photographs, microphotographs, videotape or other recorded 37 images prepared under the authority of section eleven hundred eighty-i 38 of the vehicle and traffic law. 39 § 3. The purchase or lease of equipment for a demonstration program 40 established pursuant to section 1180-i of the vehicle and traffic law, 41 as added by section one of this act, shall be subject to the provisions 42 of section 103 of the general municipal law. 43 § 4. This act shall take effect on the thirtieth day after it shall 44 have become a law and shall expire December 31, 2031, when upon such 45 date the provisions of this act shall be deemed repealed. Effective 46 immediately, the addition, amendment and/or repeal of any rule or regu- 47 lation necessary for the implementation of this act on its effective 48 date are authorized to be made and completed on or before such effective 49 date.