[Adopted 6-7-2022 by L.L. No. 8-2022]
New York State legislation allows local governments to impose
liability on the owners of motor vehicles for failing to stop when
school buses display red visual signals and the bus stop-arm is deployed.
It is incumbent upon the Legislature to enact legislation to protect
the lives of children.
For purposes of this article, the following terms shall have
the following meanings:
The County of Rockland.
The manual and specifications for a uniform system of traffic
control devices maintained pursuant to NYS VTL § 1680.
New York State Vehicle and Traffic Law.
Shall have the meaning provided in NYS VTL § 239.
Photographs, microphotographs, videotapes, other recorded
images or data created with respect to the program authorized by this
article.
A device that is capable of operating independently of an
operator or enforcement officer, specifically installed to work in
conjunction with a school bus stop-arm, which device when triggered
produces records of images of a vehicle being used or operated in
violation of NYS VTL § 1174(a).
A.
Pursuant to the authorization provided by NYS VTL § 1174-a,
there is hereby established a demonstration program imposing monetary
liability on owners of vehicles where operators of the owner's vehicle
violate NYS VTL § 1174.
B.
Under this program the County is hereby authorized to install and
operate school bus photo violation monitoring systems as described
and authorized by NYS VTL § 1174-a.
C.
To carry out the demonstration program, the County, acting by and
through the County Executive, is authorized to enter into an agreement
with a school district for the installation, maintenance and use of
school bus photo violation monitoring systems, for the proper handling
and custody of recorded images and data produced by such systems,
and for the forwarding of such recorded images and data to the County.
Any contract authorized by this section must:
(1)
Comport with the requirements of NYS VTL § 1174-a;
(2)
As mandated by NYS VTL § 1174-a(1-a), require approval
of the County Legislature regardless of any other power of the County
Executive to enter an agreement without legislative approval; and
(3)
Incorporate, by reference or otherwise, the requirements and prohibitions
of NYS VTL § 1174-a(a)(3) and (4).
D.
Nothing in this article shall be construed to prevent the County
or a school district at any time from withdrawing from or terminating
an agreement pursuant to the terms of any such agreement.
E.
The County, acting by and through the Rockland County Highway Superintendent,
shall undertake the installation of signage required by NYS VTL § 1174-a(a)(4)(iii).
The absence of such signage shall not be a defense to enforcement
of this article.
F.
In implementing the program, the County and any participating school
district shall comport with all requirements and prohibitions imposed
upon them by NYS VTL § 1174-a.
A.
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 article shall be borne entirely
by the County.
B.
Any cost or expense not addressed by NYS VTL § 1174-a(1-b)
shall be allocated by agreement, or as otherwise required by law.
C.
The County shall not enter into any global agreement for services to implement this program unless the County is indemnified for or held free from all costs to the school districts described in § 375-12A by the vendor who is party to the global agreement. A "global agreement" is an agreement to implement and manage the program on behalf of the County. The indemnification/hold free from cost term shall not be required in any contract for a consultant advising on, but not actively providing services to implement a program, or any vendor providing goods or services that enable the County to implement a limited aspect of the program.
A.
To the extent that the County shall be required to issue any report
to the state or any official thereof as a result of the adoption of
this article and/or NYS VTL § 1174-a, the County Executive
or the County Executive's designee, including but not limited to the
head of any agency of the executive branch, shall cause it to be prepared.
B.
Any school district entering into an agreement with the County pursuant
to this article shall, acting by and through the Superintendent of
Schools of such district or his or her designee, provide any report
required by the County from the district, at the cost of the County.
C.
Pursuant to NYS VTL § 1174-a(a)(3)(i), 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.
D.
All agreements with school districts must contain provisions to the
effect that:
(1)
School districts must provide 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 County for the purpose of determining whether a motor
vehicle was operated in violation of Subdivision (a) of Section 1174
of the New York Vehicle and Traffic Law and imposing monetary liability
on the owner of such motor vehicle therefor; and
(2)
All photographs, microphotographs, videotapes, other recorded images
and data produced by school bus photo violation monitoring systems
shall be destroyed a) 90 days after the date of the alleged imposition
of liability if a notice of liability is not issued for such alleged
imposition of liability pursuant to this article, or b) upon final
disposition of a notice of liability issued pursuant to this article.
A.
Subject to the procedures, rules and standards of conduct set forth
in NYS VTL § 1174-a, the owner of a vehicle shall be liable
for a penalty imposed pursuant to this article if the owner's vehicle
was used or operated with the permission of the owner, express or
implied, in violation of NYS VTL § 1174(a).
B.
The Sheriff of the County of Rockland shall review allegations of
violations from the school districts with whom the County contracts
under this program and prepare the notices required by NYS VTL § 1174(g).
Where an operator of a vehicle violates the standards set forth
in NYS VTL § 1174-a(b), liability may be imposed upon a
vehicle owner by a court of competent jurisdiction that has jurisdiction
over the location where the violation occurred in the manner, and
upon the proof permitted by, NYS VTL § 1174-a(b), or in
any other manner or other proof permitted by law. Should a traffic
violations bureau be established in Rockland County, such a bureau
may adjudicate these claims which arise within its jurisdiction.
A.
An owner liable for a violation of this article shall be liable for
those monetary penalties set forth in NYS VTL § 1174-a(e);
and
B.
An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time period.
C.
For purpose of this article, there is a presumption that a vehicle
was used and operated with the consent of the owner at the time it
was used and operated in violation of NYS VTL § 1174(a).
D.
If the owner receives a notice of liability pursuant to this article
for a violation, it shall be a valid defense that the alleged violation
took place at a time during which the vehicle was reported to the
police as having been stolen and 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 subdivision, it shall be sufficient that
a certified copy of the police report on the stolen vehicle be sent
or delivered to a court of competent jurisdiction or parking violations
bureau having jurisdiction where any contested notice of liability
would otherwise be determined.
E.
No owner of a vehicle shall be liable for a penalty imposed pursuant
to this article where the operator of such vehicle has been convicted
of the underlying violation of NYS VTL § 1174(a).
The Sheriff is authorized to implement such rules and regulations
as needed to implement the intent of this article. Upon promulgation,
such rules and regulations shall be filed with the County Legislature.
The local law promulgating this article shall take effect immediately
upon its filing with the NYS Secretary of State, and shall remain
in full force and effect until December 1, 2024.
