As used in this chapter, the following terms shall have the
meanings indicated:
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES or MUTCD
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 State
Vehicle and Traffic Law.
OWNER
Shall have the meaning provided in § 239 of the
New York State Vehicle and Traffic Law.
SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM
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 State Vehicle
and Traffic Law.
TOWN
The Town of North Hempstead.
TPVA
The Nassau County Traffic and Parking Violations Agency.
An owner liable for a violation of Subdivision (a) of § 1174
of the New York State 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. For a first violation: $250.
B. For a second violation committed within 18 months of the first violation:
$275;
C. For a third or subsequent violation, all of which were committed
within 18 months of the first violation: $300; and
D. An additional penalty of $25 for each violation for the failure to
respond to a notice of liability within the prescribed time period.
Liability pursuant to the demonstration program established
hereunder shall be imposed upon owners by TPVA pursuant to New York
General Municipal Law Article 14-B.
If the owner held liable for a violation of Subdivision (a)
of § 1174 of the New York State 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.
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, imperil, 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, fund,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall be immediately effective upon filing with
the Secretary of State.