A 8502: Authorizes the village of East Hampton in the town of East Hampton, county of Suffolk to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits.

  
  STATE OF NEW YORK ________________________________________________________________________ 8502 2025-2026 Regular Sessions  IN ASSEMBLY May 20, 2025 ___________ Introduced by M. of A. SCHIAVONI -- 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 authorizing the village of East Hampton in the town of East Hampton, county of Suffolk to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits; 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-h to read as follows: 3 § 1180-h. Owner liability for failure of the operator to comply with 4 certain posted maximum speed limits; village of East Hampton, town of 5 East Hampton, county of Suffolk. (a) 1. Notwithstanding any other 6 provision of law, the village of East Hampton, in the town of East Hamp- 7 ton, county of Suffolk is hereby authorized to establish a demonstration 8 program imposing monetary liability on the owner of a vehicle for fail- 9 ure of an operator thereof to comply with posted maximum speed limits on 10 any road in such village in accordance with the provisions of this 11 section. Such village, for purposes of the implementation of the demon- 12 stration program, shall operate photo speed violation monitoring systems 13 within such village at no more than five locations at any one time 14 during any year of such program. Such photo speed violation monitoring 15 systems may be stationary or mobile and shall be activated at locations 16 selected by such village. Such photo speed violation monitoring systems 17 shall be placed at locations based on criteria, including but not limit- 18 ed to whether the location is within a quarter mile of a school, speed- 19 ing data, accident history, proximity to facilities for senior citizens 20 or disabled persons, roadway geometry and equitable geographic distrib- 21 ution. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13031-02-5 
 A. 8502 2 1 2. No photo speed violation monitoring system shall be used in a 2 village authorized to establish a demonstration program pursuant to this 3 section unless (i) on the day it is to be used it has successfully 4 passed a self-test of its functions; and (ii) it has undergone an annual 5 calibration check performed pursuant to paragraph four of this subdivi- 6 sion. The village shall install signs giving notice that a photo speed 7 violation monitoring system is in use to be mounted on advance warning 8 signs notifying motor vehicle operators of such upcoming speed zone 9 and/or on speed limit signs applicable within such speed zone, in 10 conformance with standards established in the MUTCD. 11 3. Operators of photo speed violation monitoring systems shall have 12 completed training in the procedures for setting up, testing, and oper- 13 ating such systems. Each such operator shall complete and sign a daily 14 set-up log for each such system that the village operates that (i) 15 states the date and time when, and the location where, the system was 16 set up that day, and (ii) states that such operator successfully 17 performed, and the system passed, the self-tests of such system before 18 producing a recorded image that day. The village shall retain each such 19 daily log until the later of the date on which the photo speed violation 20 monitoring system to which it applies has been permanently removed from 21 use or the final resolution of all cases involving notices of liability 22 issued based on photographs, microphotographs, videotape or other 23 recorded images produced by such system. 24 4. Each photo speed violation monitoring system shall undergo an annu- 25 al calibration check performed by an independent calibration laboratory 26 which shall issue a signed certificate of calibration. The village shall 27 keep each such annual certificate of calibration on file until the final 28 resolution of all cases involving a notice of liability issued during 29 such year which were based on photographs, microphotographs, videotape 30 or other recorded images produced by such photo speed violation monitor- 31 ing system. 32 5. (i) Such demonstration programs shall utilize necessary technolo- 33 gies to ensure, to the extent practicable, that photographs, microphoto- 34 graphs, videotape or other recorded images produced by such photo speed 35 violation monitoring systems shall not include images that identify the 36 driver, the passengers, or the contents of the vehicle. Provided, howev- 37 er, that no notice of liability issued pursuant to this section shall be 38 dismissed solely because such a photograph, microphotograph, videotape 39 or other recorded image allows for the identification of the driver, the 40 passengers, or the contents of vehicles where the village shows that it 41 made reasonable efforts to comply with the provisions of this paragraph 42 in such case. 43 (ii) Photographs, microphotographs, videotape or any other recorded 44 image from a photo speed violation monitoring system shall be for the 45 exclusive use of the village for the purpose of the adjudication of 46 liability imposed pursuant to this section and of the owner receiving a 47 notice of liability pursuant to this section, and shall be destroyed by 48 the village upon the final resolution of the notice of liability to 49 which such photographs, microphotographs, videotape or other recorded 50 images relate, or one year following the date of issuance of such notice 51 of liability, whichever is later. Notwithstanding the provisions of any 52 other law, rule or regulation to the contrary, photographs, microphoto- 53 graphs, videotape or any other recorded image from a photo speed 54 violation monitoring system shall not be open to the public, nor subject 55 to civil or criminal process or discovery, nor used by any court or 56 administrative or adjudicatory body in any action or proceeding therein 
 A. 8502 3 1 except that which is necessary for the adjudication of a notice of 2 liability issued pursuant to this section, and no public entity or 3 employee, officer or agent thereof shall disclose such information, 4 except that such photographs, microphotographs, videotape or any other 5 recorded images from such systems: 6 (A) shall be available for inspection and copying and use by the motor 7 vehicle owner and operator for so long as such photographs, microphoto- 8 graphs, videotape or other recorded images are required to be maintained 9 or are maintained by such public entity, employee, officer or agent; and 10 (B) (1) shall be furnished when described in a search warrant issued 11 by a court authorized to issue such a search warrant pursuant to article 12 six hundred ninety of the criminal procedure law or a federal court 13 authorized to issue such a search warrant under federal law, where such 14 search warrant states that there is reasonable cause to believe such 15 information constitutes evidence of, or tends to demonstrate that, a 16 misdemeanor or felony offense was committed in this state or another 17 state, or that a particular person participated in the commission of a 18 misdemeanor or felony offense in this state or another state, provided, 19 however, that if such offense was against the laws of another state, the 20 court shall only issue a warrant if the conduct comprising such offense 21 would, if occurring in this state, constitute a misdemeanor or felony 22 against the laws of this state; and 23 (2) shall be furnished in response to a subpoena duces tecum signed by 24 a judge of competent jurisdiction and issued pursuant to article six 25 hundred ten of the criminal procedure law or a judge or magistrate of a 26 federal court authorized to issue such a subpoena duces tecum under 27 federal law, where the judge finds and the subpoena states that there is 28 reasonable cause to believe such information is relevant and material to 29 the prosecution, or the defense, or the investigation by an authorized 30 law enforcement official, of the alleged commission of a misdemeanor or 31 felony in this state or another state, provided, however, that if such 32 offense was against the laws of another state, such judge or magistrate 33 shall only issue such subpoena if the conduct comprising such offense 34 would, if occurring in this state, constitute a misdemeanor or felony in 35 this state; and 36 (3) may, if lawfully obtained pursuant to this clause and clause (A) 37 of this subparagraph and otherwise admissible, be used in such criminal 38 action or proceeding. 39 (b) Where the village of East Hampton has established a demonstration 40 program pursuant to subdivision (a) of this section, the owner of a 41 vehicle shall be liable for a penalty imposed pursuant to this section 42 if such vehicle was used or operated with the permission of the owner, 43 express or implied, in violation of subdivision (c) or (d) of section 44 eleven hundred eighty of this article, and such violation is evidenced 45 by information obtained from a photo speed violation monitoring system; 46 provided however that no owner of a vehicle shall be liable for a penal- 47 ty imposed pursuant to this section where the operator of such vehicle 48 has been convicted of the underlying violation of subdivision (c) or (d) 49 of section eleven hundred eighty of this article. 50 (c) For purposes of this section, the following terms shall have the 51 following meanings: 52 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 53 the manual and specifications for a uniform system of traffic control 54 devices maintained by the commissioner of transportation pursuant to 55 section sixteen hundred eighty of this chapter; 
 A. 8502 4 1 2. "owner" shall have the meaning provided in article two-B of this 2 chapter; and 3 3. "photo speed violation monitoring system" shall mean a vehicle 4 sensor installed to work in conjunction with a speed measuring device 5 which automatically produces two or more photographs, two or more micro- 6 photographs, a videotape or other recorded images of each vehicle at the 7 time it is used or operated in a speed zone in violation of subdivision 8 (c) or (d) of section eleven hundred eighty of this article in accord- 9 ance with the provisions of this section. 10 (d) A certificate, sworn to or affirmed by a technician employed by 11 the county in which the charged violation occurred or its vendor or 12 contractor, or a facsimile thereof, based upon inspection of photo- 13 graphs, microphotographs, videotape or other recorded images produced by 14 a photo speed violation monitoring system, shall be prima facie evidence 15 of the facts contained therein. Any photographs, microphotographs, vide- 16 otape or other recorded images evidencing such a violation shall be 17 available for inspection in any proceeding to adjudicate the liability 18 for such violation pursuant to this section. 19 (e) An owner liable for a violation of subdivision (c) or (d) of 20 section eleven hundred eighty of this article pursuant to a demon- 21 stration program established pursuant to this section shall be liable 22 for monetary penalties in accordance with a schedule of fines and penal- 23 ties promulgated by the parking violations bureau of such county; 24 provided, however, that the monetary penalty for driving at a speed in 25 excess of the maximum speed limit by ten or more miles per hour and less 26 than thirty miles per hour shall not exceed fifty dollars, and the mone- 27 tary penalty for driving in excess of the maximum speed limit by thirty 28 or more miles per hour shall not exceed one hundred dollars; provided, 29 further, that an owner shall be liable for an additional penalty not to 30 exceed twenty-five dollars for each violation for the failure to respond 31 to a notice of liability within the prescribed time period. 32 (f) An imposition of liability pursuant to this section shall not be 33 deemed a conviction as an operator and shall not be made part of the 34 operating record of the person upon whom such liability is imposed nor 35 shall it be used for insurance purposes in the provision of motor vehi- 36 cle insurance coverage. 37 (g) 1. A notice of liability shall be sent by first class mail to each 38 person alleged to be liable as an owner for a violation of subdivision 39 (c) or (d) of section eleven hundred eighty of this article pursuant to 40 this section, within fourteen business days if such owner is a resident 41 of this state and within forty-five business days if such owner is a 42 non-resident. Personal delivery on the owner shall not be required. A 43 manual or automatic record of mailing prepared in the ordinary course of 44 business shall be prima facie evidence of the facts contained therein. 45 2. A notice of liability shall contain the name and address of the 46 person alleged to be liable as an owner for a violation of subdivision 47 (c) or (d) of section eleven hundred eighty of this article pursuant to 48 this section, the registration number of the vehicle involved in such 49 violation, the location where such violation took place, the date and 50 time of such violation, the identification number of the camera which 51 recorded the violation or other document locator number, at least two 52 date and time stamped images of the rear of the motor vehicle that 53 include the same stationary object near the motor vehicle, and the 54 certificate charging the liability. 55 3. The notice of liability shall contain information advising the 56 person charged of the manner and the time in which the person may 
 A. 8502 5 1 contest the liability alleged in the notice. Such notice of liability 2 shall also contain a prominent warning to advise the person charged that 3 failure to contest in the manner and time provided shall be deemed an 4 admission of liability and that a default judgment may be entered there- 5 on. 6 4. The notice of liability shall be prepared and mailed by the agency 7 or agencies designated by the village authorized to implement a demon- 8 stration program pursuant to this section. 9 (h) If an owner of a vehicle receives a notice of liability pursuant 10 to this section for any time period during which such vehicle was 11 reported to the police department as having been stolen, it shall be a 12 valid defense to an allegation of liability for a violation of subdivi- 13 sion (c) or (d) of section eleven hundred eighty of this article that 14 the vehicle had been reported to the police as stolen prior to the time 15 the violation occurred and had not been recovered by such time. For 16 purposes of asserting the defense provided by this subdivision it shall 17 be sufficient that an original incident form issued by the police on the 18 stolen vehicle be sent by first class mail to the justice court of said 19 village. 20 (i) 1. An owner who is a lessor of a vehicle to which a notice of 21 liability was issued pursuant to subdivision (g) of this section shall 22 not be liable for the violation of subdivision (c) or (d) of section 23 eleven hundred eighty of this article, provided that: 24 (i) prior to the violation, the lessor has filed with such village in 25 accordance with the provisions of section two hundred thirty-nine of 26 this chapter; and 27 (ii) within thirty-seven days after receiving notice from such village 28 of the date and time of a liability, together with the other information 29 contained in the original notice of liability, the lessor submits to 30 such court the correct name and address of the lessee of the vehicle 31 identified in the notice of liability at the time of such violation, 32 together with such other additional information contained in the rental, 33 lease or other contract document, as may be reasonably required by such 34 bureau pursuant to regulations that may be promulgated for such purpose. 35 2. Failure to comply with subparagraph (ii) of paragraph one of this 36 subdivision shall render the owner liable for the penalty prescribed in 37 this section. 38 3. Where the lessor complies with the provisions of paragraph one of 39 this subdivision, the lessee of such vehicle on the date of such 40 violation shall be deemed to be the owner of such vehicle for purposes 41 of this section, shall be subject to liability for such violation pursu- 42 ant to this section and shall be sent a notice of liability pursuant to 43 subdivision (g) of this section. 44 (j) If the owner liable for a violation of subdivision (c) or (d) of 45 section eleven hundred eighty of this article pursuant to this section 46 was not the operator of the vehicle at the time of the violation, the 47 owner may maintain an action for indemnification against the operator. 48 (k) Nothing in this section shall be construed to limit the liability 49 of an operator of a vehicle for any violation of subdivision (c) or (d) 50 of section eleven hundred eighty of this article. 51 (l) Where the village of East Hampton adopts a demonstration program 52 pursuant to subdivision (a) of this section, such village shall submit a 53 report on the results of the use of photo speed violation monitoring 54 systems to the governor, the temporary president of the senate and the 55 speaker of the assembly on or before the first day of June next succeed- 56 ing the effective date of this section and on the same date in each 
 A. 8502 6 1 succeeding year in which the demonstration program is operable. Such 2 report shall include, but not be limited to: 3 1. a description of the locations where photo speed violation monitor- 4 ing systems were used; 5 2. the number of violations recorded at each such location and in the 6 aggregate on a daily, weekly and monthly basis; 7 3. the total number of notices of liability issued; 8 4. the number of fines and total amount of fines paid after first 9 notice of liability; 10 5. the number of violations adjudicated and results of such adjudi- 11 cations including breakdowns of dispositions made; 12 6. the total amount of revenue realized by such village; and 13 7. quality of the adjudication process and its results. 14 § 2. Subdivision 2 of section 87 of the public officers law is amended 15 by adding a new paragraph (v) to read as follows: 16 (v) are photographs, microphotographs, videotape or other recorded 17 images prepared under the authority of section eleven hundred eighty-h 18 of the vehicle and traffic law. 19 § 3. This act shall take effect on the thirtieth day after it shall 20 have become a law and shall expire December 1, 2030 when upon such date 21 the provisions of this act shall be deemed repealed.