[HISTORY: Comes from L.L.
No. 15-2022, adopted 2-15-2022, effective 4-1-2022]
For the purposes of this chapter, the following terms shall
have the following meanings:
The manual and specifications for a uniform system of traffic
control devices maintained by the Commissioner of the Department of
Transportation pursuant to § 1680 of the New York Vehicle
Traffic Law.
Shall have the meaning provided in § 239 of the
New York Vehicle and Traffic Law.
A device that is capable of operating independently of an
enforcement officer which is installed to work in conjunction with
a school bus stop-arm and which automatically produces two or more
photographs, two or more microphotographs, a videotape or other recorded
images of a vehicle at the time it is used or operated in violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law.
The Town of Hempstead.
The Nassau County Traffic and Parking Violations Agency.
A.Â
There is hereby established, pursuant to § 1174-a of the
New York State Vehicle and Traffic Law, a demonstration program imposing
monetary liability on owners of vehicles for failure of the operators
thereof to comply with § 1174 of the New York State Vehicle
and Traffic Law when meeting a school bus marked and equipped as provided
in Subdivisions 20 and 21-c of § 375 of the New York State
Vehicle and Traffic Law in the Town.
B.Â
Under such demonstration program, the Town is hereby authorized to
install and operate school bus photo violation monitoring systems
which may be stationary or mobile, and which may be installed, pursuant
to an agreement with a school district within the Town on school buses
owned and/or operated by such school district; provided, however,
that:
(1)Â
No stationary school bus photo violation monitoring system shall
be installed or operated by the Town, except on roadways under the
jurisdiction of the Town; and
(2)Â
No mobile school bus photo violation monitoring system shall be installed
or operated on any such school buses unless the Town and such school
district enter into an agreement for such installation and operation.
C.Â
To carry out the demonstration program, the Town is authorized to
enter into agreements with school districts for the installation,
maintenance and use of school bus photo violation monitoring systems,
for the proper handling and custody of photographs, microphotographs,
videotapes, other recorded images and data produced by such systems,
and for the forwarding of such photographs, microphotographs, videotapes,
other recorded images and data to the Town and/or TPVA, subject to
the provisions of this section and N.Y. Veh. and Traf. Law § 1174-a.
D.Â
Nothing in this chapter shall be construed to prevent the Town or
school district at any time from withdrawing from or terminating an
agreement for the installation, maintenance and use of school bus
photo violation monitoring systems; provided, however, that the Town
or the school district shall provide no less than 30 days' required
notice to the other for such withdrawal, if any, prior to such withdrawal.
E.Â
Cost of program and reports relating thereto.
(1)Â
The total cost to the school district of the installation, maintenance
and use of school bus photo violation monitoring systems pursuant
to an agreement authorized by this chapter shall be borne entirely
by the Town.
(2)Â
To the extent that the Town shall be required to issue any report
to the state or any official thereof as a result of the adoption of
this chapter and/or § 1174-a of the Vehicle and Traffic
Law, the Town shall cause the same to be prepared pursuant to this
chapter or applicable state law. Any agreement between the Town and
a participating school district shall require the school district
to provide any report required of the district, pursuant to § 1174-a
of the Vehicle and Traffic Law, to the state or any official thereof.
F.Â
Pursuant to § 1174-a (a)(3)(i) of the Vehicle and Traffic
Law, any school district participating in the demonstration program
shall be prohibited from accessing any photographs, microphotographs,
videotapes, other recorded images and data from school bus photo violation
monitoring systems but shall provide, pursuant to the agreement with
the Town, as provided in this chapter, for the proper handling and
custody of such photographs, microphotographs, videotapes, other recorded
images and data produced by such systems, and for the forwarding of
such photographs, microphotographs, videotapes, other recorded images
and data to the Town and/or TPVA for the purpose of determining whether
a motor vehicle was operated in violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law and imposing monetary liability
on the owner of such motor vehicle therefor.
G.Â
The agreement between the Town and the school district shall provide
that photographs, microphotographs, videotapes, other recorded images
and data produced by school bus photo violation monitoring systems
shall be destroyed:
H.Â
The Town shall adopt and enforce measures to protect the privacy
of drivers, passengers, pedestrians and cyclists whose identity and
identifying information may be captured by a school bus photo monitoring
device. Such measures shall include:
(1)Â
Utilization of necessary technologies to ensure, to the extent practicable,
that photographs produced by such school photo violation monitoring
systems shall not include images that identify the driver, the passengers,
the contents of the vehicle, pedestrians and cyclists; provided, however,
that no notice of liability issued pursuant to this section shall
be dismissed solely because a photograph or photographs allow for
the identification of the contents of a vehicle, provided that the
Town has made a reasonable effort to comply with the provisions of
this subsection;
(2)Â
A prohibition of the use or dissemination of vehicles' license
plate information and other information and images captured by school
bus photo violation monitoring systems except:
(3)Â
Oversight procedures to ensure compliance with the privacy protection
measures required herein.
I.Â
The Town's Traffic Control Division shall also undertake the
installation of signage in conformance with standards established
in the Manual of Uniform Traffic Control Devices. Such signage shall
be installed at each roadway entrance of the jurisdictional boundaries
of the Town giving notice that school bus photo violation monitoring
systems are used to enforce restrictions on vehicles violating § 1174
of the New York Vehicle and Traffic Law. For the purposes of this
subsection, the term "roadway" shall not include state expressway
routes or state interstate routes but shall include controlled-access
highway exit ramps that enter the boundaries of the Town.
An owner liable for a violation of Subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this chapter shall
be liable for monetary penalties in accordance with the following
schedule of fines and penalties:
A.Â
$250 for a first violation;
B.Â
$275 for a second violation both of which were committed within 18
months of the first violation;
C.Â
$300 for a third or subsequent violation all of which were committed
within a period of 18 months; and
D.Â
An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time period.
A.Â
A notice of liability shall be sent as provided by state law by first-class
mail to each person alleged to be liable as an owner for a violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law. Personal delivery on the owner shall not be required.
A manual or automatic record of mailing prepared in the ordinary course
of business shall be prima facie evidence of the facts contained therein.
To the extent that state law does not preclude the Town from causing
such mailing to be made, the Town shall undertake or cause to be undertaken
such mailing.
B.Â
A notice of liability shall contain the name and address of the person
alleged to be liable as an owner for a violation of Subdivision (a)
of § 1174 of the New York Vehicle and Traffic Law, the registration
number of the vehicle involved in such violation, the location where
such violation took place, the date and time of such violation and
the identification number of the camera which recorded the violation
or other document locator number.
C.Â
A notice of liability shall contain information advising the person
charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall
also contain a warning to advise the persons charged that failure
to contest in the manner and time provided shall be deemed an admission
of liability and that a default judgment may be entered thereon.
A.Â
The owner of a vehicle shall be liable for a penalty imposed pursuant
to this chapter if such vehicle was used or operated with the permission
of the owner, express or implied, in violation of Subdivision (a)
of § 1174 of the New York Vehicle and Traffic Law and such
violation is evidenced by information obtained from a school bus photo
violation monitoring system; provided, however, that no owner of a
vehicle shall be liable for a penalty imposed pursuant to this chapter
where the operator of such vehicle has been convicted of the underlying
violation of Subdivision (a) of § 1174 of the New York State
Vehicle and Traffic Law. For purposes of this chapter, there shall
be a presumption that such vehicle was used and operated with the
consent of the owner at the time it was used and operated in violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law.
B.Â
If the owner receives a notice of liability pursuant to this chapter
for any time period during which the vehicle was reported to the police
as having been stolen, it shall be a valid defense to an allegation
of liability for a violation of subdivision (a) of § 1174
of the New York Vehicle and Traffic Law pursuant to this chapter that
the vehicle had been reported to the police as stolen prior to the
time the violation occurred and had not been recovered by such time.
For purposes of asserting the defense provided by this subsection,
it shall be sufficient that a certified copy of the police report
on the stolen vehicle be sent or delivered to TPVA.
C.Â
An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to this chapter shall not be liable for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law, provided that he or she complies with the provisions of § 1174-a of the New York Vehicle and Traffic Law and otherwise sends to the Town and TPVA a copy of the rental, lease or other such contract document covering such vehicle on the date of the violation, with the name and address of the lessee clearly legible, within 37 days after receiving a notice of liability, together with the information contained in the original notice of liability. Failure to send such information within the thirty-seven-day time period shall render the owner liable for the penalty prescribed by this chapter. Where the lessor complies with the provisions of this subsection, the lessee of such vehicle for purposes of this section, shall be deemed to be the owner of such vehicle on the date of such violation for the purposes of this section, shall be subject to liability for the violation of Subdivision (a) of § 1174 of the New York Vehicle and Traffic Law pursuant to this chapter and shall be sent a notice of liability pursuant to § 186-4 of this chapter.
D.Â
A certificate, sworn to or affirmed by a technician employed by the
Town, or a facsimile thereof, based upon inspection of photographs,
microphotographs, videotapes, other recorded images produced by a
school bus photo violation monitoring system, shall be prima facie
evidence of the facts contained therein. Any photographs, microphotographs,
videotapes, other recorded images evidencing such a violation shall
be available for inspection in any proceeding to adjudicate the liability
for such violation.
E.Â
It shall be a defense to any prosecution for or allegation of a violation
of Subdivision (a) of § 1174 of the New York Vehicle and
Traffic Law pursuant to this chapter that such school bus stop-arms
were malfunctioning at the time of the alleged violation.
F.Â
For the purpose of informing and educating owners for motor vehicles
in this Town pursuant to § 1174-a of the New York Vehicle
and Traffic Law, during the first thirty-day period in which a school
bus photo violation monitoring system is in operation in a school
district pursuant to an agreement between the Town and a participating
school district under the provisions of this chapter, all owners of
motor vehicles who would otherwise be held liable for failure of operators
thereof to comply with § 1174 of the New York Vehicle and
Traffic Law when meeting a school bus marked and equipped as provided
in Subdivisions 20 through 21-c of § 375 of the New York
Vehicle and Traffic Law shall be issued a written warning in lieu
of a notice of liability.
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by TPVA pursuant to N.Y. General
Municipal Law Article 14-B.
If the owner held liable for a violation of Subdivision (a)
of § 1174 of the New York Vehicle and Traffic Law pursuant
to this chapter was not the operator of the vehicle at the time of
the violation, the owner may maintain an action for indemnification
against the operator.
A.Â
The Town shall develop and cause to be submitted an annual report
on the results of the use of a school bus photo violation monitoring
system to the Governor, the temporary president of the Senate and
the Speaker of the Assembly on or before June 1 of each year in which
the demonstration program is operable. Such report shall include any
information required by § 1174-a(m) of the New York Vehicle
and Traffic Law to be included as a result of the enactment of this
chapter. The Town shall also provide a copy of this report to TPVA.
B.Â
Pursuant to the requirements of § 1174-a of the New York
State Vehicle and Traffic Law, the Town shall request TPVA report
at least annually to the Town on the quality of the adjudication process
and its results including the total number of hearings scheduled,
rescheduled, and held; the total number of persons scheduled for such
hearings; the total number of cases where fines were paid on or before
the hearing date; and the total number of default judgments entered.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect immediately upon full compliance
with all the requisite statutes and laws applicable to its adoption
and promulgation.
