S 7625: Establishes a speed zone camera demonstration program in the village of Mount Kisco; repeals authorization of program December 31, 2030.

  
  STATE OF NEW YORK ________________________________________________________________________ 7625 2025-2026 Regular Sessions  IN SENATE April 23, 2025 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing a speed zone camera demonstration program in the village of Mount Kisco; 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 operator to comply with 4 certain posted maximum speed limits. (a) 1. Notwithstanding any other 5 provision of law, the village of Mount Kisco is hereby authorized to 6 establish a demonstration program imposing monetary liability on the 7 owner of a vehicle for failure of an operator thereof to comply with 8 posted maximum speed limits in a speed zone within such village. Such 9 demonstration program shall empower the village of Mount Kisco to 10 install photo speed violation monitoring systems within no more than 11 eight speed zones within such village at any one time. In selecting a 12 speed zone in which to install and operate a photo speed violation moni- 13 toring system, the village shall consider criteria including, but not 14 limited to, the speed data, crash history, and the roadway geometry 15 applicable to such speed zone. 16 2. No photo speed violation monitoring system shall be used in a speed 17 zone unless (i) on the day it is to be used it has successfully passed a 18 self-test of its functions; and (ii) it has undergone an annual cali- 19 bration check performed pursuant to paragraph four of this subdivision. 20 The village shall install signs giving notice that a photo speed 21 violation monitoring system is in use to be mounted on advance warning 22 signs notifying motor vehicle operators of such upcoming speed zone EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11699-01-5 
 S. 7625 2 1 and/or on speed limit signs applicable within such speed zone, in 2 conformance with standards established in the MUTCD. 3 3. Operators of photo speed violation monitoring systems shall have 4 completed training in the procedures for setting up, testing, and oper- 5 ating such systems. Each such operator shall complete and sign a daily 6 set-up log for each such system that they operate that (i) states the 7 date and time when, and the location where, the system was set up that 8 day, and (ii) states that such operator successfully performed, and the 9 system passed, the self-tests of such system before producing a recorded 10 image that day. The village shall retain each such daily log until the 11 later of the date on which the photo speed violation monitoring system 12 to which it applies has been permanently removed from use or the final 13 resolution of all cases involving notices of liability issued based on 14 photographs, microphotographs, videotape or other recorded images 15 produced by such system. 16 4. Each photo speed violation monitoring system shall undergo an annu- 17 al calibration check performed by an independent calibration laboratory 18 which shall issue a signed certificate of calibration. The village shall 19 keep each such annual certificate of calibration on file until the final 20 resolution of all cases involving a notice of liability issued during 21 such year which were based on photographs, microphotographs, videotape 22 or other recorded images produced by such photo speed violation monitor- 23 ing system. 24 5. (i) Such demonstration program shall utilize necessary technologies 25 to ensure, to the extent practicable, that photographs, microphoto- 26 graphs, videotape or other recorded images produced by such photo speed 27 violation monitoring systems shall not include images that identify the 28 driver, the passengers, or the contents of the vehicle. Provided, 29 however, that no notice of liability issued pursuant to this section 30 shall be dismissed solely because such a photograph, microphotograph, 31 videotape or other recorded image allows for the identification of the 32 driver, the passengers, or the contents of vehicles where the village 33 shows that it made reasonable efforts to comply with the provisions of 34 this paragraph in such case. 35 (ii) Photographs, microphotographs, videotape or any other recorded 36 image from a photo speed violation monitoring system shall be for the 37 exclusive use of the village for the purpose of the adjudication of 38 liability imposed pursuant to this section and of the owner receiving a 39 notice of liability pursuant to this section, and shall be destroyed by 40 the village upon the final resolution of the notice of liability to 41 which such photographs, microphotographs, videotape or other recorded 42 images relate, or one year following the date of issuance of such notice 43 of liability, whichever is later. Notwithstanding the provisions of any 44 other law, rule or regulation to the contrary, photographs, microphoto- 45 graphs, videotape or any other recorded image from a photo speed 46 violation monitoring system shall not be open to the public, nor subject 47 to civil or criminal process or discovery, nor used by any court or 48 administrative or adjudicatory body in any action or proceeding therein 49 except that which is necessary for the adjudication of a notice of 50 liability issued pursuant to this section, and no public entity or 51 employee, officer or agent thereof shall disclose such information, 52 except that such photographs, microphotographs, videotape or any other 53 recorded images from such systems: 54 (A) shall be available for inspection and copying and use by the motor 55 vehicle owner and operator for so long as such photographs, microphoto- 
 S. 7625 3 1 graphs, videotape or other recorded images are required to be maintained 2 or are maintained by such public entity, employee, officer or agent; and 3 (B) (1) shall be furnished when described in a search warrant issued 4 by a court authorized to issue such a search warrant pursuant to article 5 six hundred ninety of the criminal procedure law or a federal court 6 authorized to issue such a search warrant under federal law, where such 7 search warrant states that there is reasonable cause to believe such 8 information constitutes evidence of, or tends to demonstrate that, a 9 misdemeanor or felony offense was committed in this state or another 10 state, or that a particular person participated in the commission of a 11 misdemeanor or felony offense in this state or another state, provided, 12 however, that if such offense was against the laws of another state, the 13 court shall only issue a warrant if the conduct comprising such offense 14 would, if occurring in this state, constitute a misdemeanor or felony 15 against the laws of this state; and 16 (2) shall be furnished in response to a subpoena duces tecum signed by 17 a judge of competent jurisdiction and issued pursuant to article six 18 hundred ten of the criminal procedure law or a judge or magistrate of a 19 federal court authorized to issue such a subpoena duces tecum under 20 federal law, where the judge finds and the subpoena states that there is 21 reasonable cause to believe such information is relevant and material to 22 the prosecution, or the defense, or the investigation by an authorized 23 law enforcement official, of the alleged commission of a misdemeanor or 24 felony in this state or another state, provided, however, that if such 25 offense was against the laws of another state, such judge or magistrate 26 shall only issue such subpoena if the conduct comprising such offense 27 would, if occurring in this state, constitute a misdemeanor or felony in 28 this state; and 29 (3) may, if lawfully obtained pursuant to this clause and clause (A) 30 of this subparagraph and otherwise admissible, be used in such criminal 31 action or proceeding. 32 (b) If the village of Mount Kisco establishes a demonstration program 33 pursuant to subdivision (a) of this section, the owner of a vehicle 34 shall be liable for a penalty imposed pursuant to this section if such 35 vehicle was used or operated with the permission of the owner, express 36 or implied, within a speed zone in violation of subdivision (c) of 37 section eleven hundred eighty of this article or during the times 38 authorized pursuant to subdivision (a) of this section, in violation of 39 subdivision (b), (d), (f) or (g) of such section eleven hundred eighty, 40 such vehicle was traveling at a speed of more than ten miles per hour 41 above the posted speed limit in effect within such speed zone, and such 42 violation is evidenced by information obtained from a photo speed 43 violation monitoring system; provided however that no owner of a vehicle 44 shall be liable for a penalty imposed pursuant to this section where the 45 operator of such vehicle has been convicted of the underlying violation 46 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 47 eighty of this article. 48 (c) For purposes of this section, the following terms shall have the 49 following meanings: 50 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 51 the manual and specifications for a uniform system of traffic control 52 devices maintained by the commissioner of transportation pursuant to 53 section sixteen hundred eighty of this chapter; 54 2. "owner" shall have the meaning provided in article two-B of this 55 chapter; and 
 S. 7625 4 1 3. "photo speed violation monitoring system" shall mean a vehicle 2 sensor installed to work in conjunction with a speed measuring device 3 which automatically produces two or more photographs, two or more micro- 4 photographs, a videotape or other recorded images of each vehicle at the 5 time it is used or operated in a speed zone in violation of subdivision 6 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 7 cle in accordance with the provisions of this section. 8 (d) A certificate, sworn to or affirmed by a technician employed by 9 the village of Mount Kisco, or a facsimile thereof, based upon 10 inspection of photographs, microphotographs, videotape or other recorded 11 images produced by a photo speed violation monitoring system, shall be 12 prima facie evidence of the facts contained therein. Any photographs, 13 microphotographs, videotape or other recorded images evidencing such a 14 violation shall include at least two date and time stamped images of the 15 rear of the motor vehicle that include the same stationary object near 16 the motor vehicle and shall be available for inspection reasonably in 17 advance of and at any proceeding to adjudicate the liability for such 18 violation pursuant to this section. 19 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 20 or (g) of section eleven hundred eighty of this article pursuant to a 21 demonstration program established pursuant to this section shall be 22 liable for monetary penalties in accordance with a schedule of fines and 23 penalties to be promulgated by the Westchester county department of 24 public safety in conjunction with the village court. The liability of 25 the owner pursuant to this section shall not exceed fifty dollars for a 26 first violation, seventy-five dollars for a second violation within an 27 eighteen-month period, and one hundred dollars for a third and subse- 28 quent violations within an eighteen-month period; provided, however, 29 that such department of public safety in conjunction with the village 30 court may provide for an additional penalty not in excess of twenty-five 31 dollars for each violation for the failure to respond to a notice of 32 liability within the prescribed time period. 33 (f) An imposition of liability under the demonstration program estab- 34 lished pursuant to this section shall not be deemed a conviction as an 35 operator and shall not be made part of the operating record of the 36 person upon whom such liability is imposed nor shall it be used for 37 insurance purposes in the provision of motor vehicle insurance coverage. 38 (g) 1. A notice of liability shall be sent by first class mail to each 39 person alleged to be liable as an owner for a violation of subdivision 40 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 41 cle pursuant to this section, within fourteen business days if such 42 owner is a resident of this state and within forty-five business days if 43 such owner is a non-resident. Personal delivery on the owner shall not 44 be required. A manual or automatic record of mailing prepared in the 45 ordinary course of business shall be prima facie evidence of the facts 46 contained therein. 47 2. A notice of liability shall contain the name and address of the 48 person alleged to be liable as an owner for a violation of subdivision 49 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 50 cle pursuant to this section, the registration number of the vehicle 51 involved in such violation, the location where such violation took 52 place, the date and time of such violation, the identification number of 53 the camera which recorded the violation or other document locator 54 number, at least two date and time stamped images of the rear of the 55 motor vehicle that include the same stationary object near the motor 56 vehicle, and the certificate charging the liability. 
 S. 7625 5 1 3. The notice of liability shall contain information advising the 2 person charged of the manner and the time in which such person may 3 contest the liability alleged in the notice. Such notice of liability 4 shall also contain a prominent warning to advise the person charged that 5 failure to contest in the manner and time provided shall be deemed an 6 admission of liability and that a default judgment may be entered there- 7 on. 8 4. The notice of liability shall be prepared and mailed by the village 9 of Mount Kisco, or by any other entity authorized by the village to 10 prepare and mail such notice of liability. 11 (h) Adjudication of the liability imposed upon owners of this section 12 shall be by the Westchester county department of public safety in 13 conjunction with the village court. 14 (i) If an owner receives a notice of liability pursuant to this 15 section for any time period during which the vehicle or the number plate 16 or plates of such vehicle was reported to the police department as 17 having been stolen, it shall be a valid defense to an allegation of 18 liability for a violation of subdivision (b), (c), (d), (f) or (g) of 19 section eleven hundred eighty of this article pursuant to this section 20 that the vehicle or the number plate or plates of such vehicle had been 21 reported to the police as stolen prior to the time the violation 22 occurred and had not been recovered by such time. For purposes of 23 asserting the defense provided by this subdivision, it shall be suffi- 24 cient that a certified copy of the police report on the stolen vehicle 25 or number plate or plates of such vehicle be sent by first class mail to 26 the village of Mount Kisco Westchester county department of public safe- 27 ty in conjunction with the village court or by any other entity author- 28 ized by the village to prepare and mail such notice of liability. 29 (j) Adjudication of the liability imposed upon owners of this section 30 shall be by the Westchester county department of public safety in 31 conjunction with the village court. 32 (k) 1. An owner who is a lessor of a vehicle to which a notice of 33 liability was issued pursuant to subdivision (g) of this section shall 34 not be liable for the violation of subdivision (b), (c), (d), (f) or (g) 35 of section eleven hundred eighty of this article pursuant to this 36 section, provided that: 37 (i) prior to the violation, the lessor has filed with such department 38 of public safety in conjunction with the village court in accordance 39 with the provisions of section two hundred thirty-nine of this chapter; 40 and 41 (ii) within thirty-seven days after receiving notice from such bureau 42 of the date and time of a liability, together with the other information 43 contained in the original notice of liability, the lessor submits to 44 such bureau the correct name and address of the lessee of the vehicle 45 identified in the notice of liability at the time of such violation, 46 together with such other additional information contained in the rental, 47 lease or other contract document, as may be reasonably required by such 48 bureau pursuant to regulations that may be promulgated for such purpose. 49 2. Failure to comply with subparagraph (ii) of paragraph one of this 50 subdivision shall render the owner liable for the penalty prescribed in 51 this section. 52 3. Where the lessor complies with the provisions of paragraph one of 53 this subdivision, the lessee of such vehicle on the date of such 54 violation shall be deemed to be the owner of such vehicle for purposes 55 of this section, shall be subject to liability for such violation pursu- 
 S. 7625 6 1 ant to this section and shall be sent a notice of liability pursuant to 2 subdivision (g) of this section. 3 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 4 of section eleven hundred eighty of this article pursuant to this 5 section was not the operator of the vehicle at the time of the 6 violation, the owner may maintain an action for indemnification against 7 the operator. 8 2. Notwithstanding any other provision of this section, no owner of a 9 vehicle shall be subject to a monetary fine imposed pursuant to this 10 section if the operator of such vehicle was operating such vehicle with- 11 out the consent of the owner at the time such operator operated such 12 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 13 eleven hundred eighty of this article. For purposes of this subdivision 14 there shall be a presumption that the operator of such vehicle was oper- 15 ating such vehicle with the consent of the owner at the time such opera- 16 tor operated such vehicle in violation of subdivision (b), (c), (d), (f) 17 or (g) of section eleven hundred eighty of this article. 18 (m) Nothing in this section shall be construed to limit the liability 19 of an operator of a vehicle for any violation of subdivision (c) or (d) 20 of section eleven hundred eighty of this article. 21 (n) If the village adopts a demonstration program pursuant to subdivi- 22 sion (a) of this section it shall conduct a study and submit an annual 23 report on the results of the use of photo devices to the governor, the 24 temporary president of the senate and the speaker of the assembly on or 25 before the first day of June next succeeding the effective date of this 26 section and on the same date in each succeeding year in which the demon- 27 stration program is operable. Such report shall include: 28 1. the locations where and dates when photo speed violation monitoring 29 systems were used; 30 2. the aggregate number, type and severity of crashes, fatalities, 31 injuries and property damage reported within all speed zones within the 32 village, to the extent the information is maintained by the department 33 of motor vehicles of this state; 34 3. the aggregate number, type and severity of crashes, fatalities, 35 injuries and property damage reported within speed zones where photo 36 speed violation monitoring systems were used, to the extent the informa- 37 tion is maintained by the department of motor vehicles of this state; 38 4. the number of violations recorded within all speed zones within the 39 village, in the aggregate on a daily, weekly and monthly basis; 40 5. the number of violations recorded within each speed zone where a 41 photo speed violation monitoring system is used, in the aggregate on a 42 daily, weekly and monthly basis; 43 6. the number of violations recorded within all speed zones within the 44 village that were: 45 (i) more than ten but not more than twenty miles per hour over the 46 posted speed limit; 47 (ii) more than twenty but not more than thirty miles per hour over the 48 posted speed limit; 49 (iii) more than thirty but not more than forty miles per hour over the 50 posted speed limit; and 51 (iv) more than forty miles per hour over the posted speed limit; 52 7. the number of violations recorded within each speed zone where a 53 photo speed violation monitoring system is used that were: 54 (i) more than ten but not more than twenty miles per hour over the 55 posted speed limit; 
 S. 7625 7 1 (ii) more than twenty but not more than thirty miles per hour over the 2 posted speed limit; 3 (iii) more than thirty but not more than forty miles per hour over the 4 posted speed limit; and 5 (iv) more than forty miles per hour over the posted speed limit; 6 8. the total number of notices of liability issued for violations 7 recorded by such systems; 8 9. the number of fines and total amount of fines paid after the first 9 notice of liability issued for violations recorded by such systems; 10 10. the number of violations adjudicated and the results of such adju- 11 dications including breakdowns of dispositions made for violations 12 recorded by such systems; 13 11. the total amount of revenue realized by the village in connection 14 with the program; 15 12. the expenses incurred by the village in connection with the 16 program; and 17 13. the quality of the adjudication process and its results. 18 (o) It shall be a defense to any prosecution for a violation of subdi- 19 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 20 this article pursuant to this section that such photo speed violation 21 monitoring system was malfunctioning at the time of the alleged 22 violation. 23 § 2. Subdivision 2 of section 87 of the public officers law is amended 24 by adding a new paragraph (v) to read as follows: 25 (v) are photographs, microphotographs, videotape or other recorded 26 images prepared under the authority of section eleven hundred eighty-h 27 of the vehicle and traffic law. 28 § 3. The purchase or lease of equipment for a demonstration program 29 established pursuant to section 1180-h of the vehicle and traffic law, 30 as added by section one of this act, shall be subject to the provisions 31 of section 103 of the general municipal law. 32 § 4. This act shall take effect on the thirtieth day after it shall 33 have become a law and shall expire December 31, 2030, when upon such 34 date the provisions of this act shall be deemed repealed. Effective 35 immediately, the addition, amendment and/or repeal of any rule or regu- 36 lation necessary for the implementation of this act on its effective 37 date are authorized to be made and completed on or before such effective 38 date.