This chapter may be cited as "Vehicle Owner Liability for Failure to Stop for a Stopped School Bus Law."
[HISTORY: Adopted by the Legislature of the County of Putnam 4-28-2022 by L.L. No. 4-2022. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
The County of Putnam.
The manual and specifications for a uniform system of traffic control devices maintained by the Commissioner of the Department of Transportation pursuant to section 1680 of the New York Vehicle and Traffic Law.
The meaning provided in Section 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 section 1174 of the New York Vehicle and Traffic Law.
A.
There is hereby established a demonstration program imposing monetary liability on owners of vehicles for failure of the operators thereof to comply with section 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 section 375 of the New York State Vehicle and Traffic Law in Putnam County.
B.
Under such demonstration program the County is hereby empowered 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 County on school buses owned and/or operated by such school district. Provided, however, that:
(1)
No stationary school bus photo violation monitoring system shall be installed or operated by the County, except on roadways within the boundaries of the County; and
(2)
No mobile school bus photo violation monitoring system shall be installed or operated on any such school buses unless the County and such district enter into an agreement for such installation and operation.
C.
To carry out the demonstration program, the County, acting by and through the County Executive, 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 County, subject to the provisions of this section and section 1174-a of the New York Vehicle and Traffic Law and approval of the County Legislature.
D.
Nothing in this chapter shall be construed to prevent the County 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 County 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.
Cost of program and reports relating thereto.
(1)
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 County.
(2)
Any participating school district, acting by and through the Superintendent of Schools of such district, or his or her designee shall provide any report required of the district, pursuant to Section 1174-a of the Vehicle and Traffic Law, to the State or any official thereof.
(3)
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 chapter and/or Section 1174-a of the Vehicle and Traffic Law, the Putnam County Executive shall cause the same to be prepared pursuant to this local or applicable state law.
F.
Any school district participating in the demonstration program shall be prohibited from accessing any photographs, microphotographs, videotapes, other records images or date from school bus photo violation monitoring systems but shall provide, pursuant to the agreement with the County, 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 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.
G.
In accordance with VTL § 1174-a(a)(3)(ii), the agreement between the County 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 (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 chapter or (b) upon final disposition of a notice of liability issued pursuant to this chapter.
H.
The County 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 measurers shall include:
(1)
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 County has made a reasonable effort to comply with the provisions of this subsection;
(2)
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: (a) as required to establish liability under this section or collect payment of penalties; (b) as required by court order; or (c) as otherwise required by law;
(3)
Oversight procedures to ensure compliance with the privacy protection measures required herein.
I.
The County 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 County giving notice that school bus photo violation monitoring systems are used to enforce restrictions on vehicles violating Section 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 County.
An owner liable for a violation of subdivision (a) of section 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.
Two hundred fifty dollars for a first violation;
B.
Two hundred seventy-five dollars for a second violation committed within 18 months of the first violation;
C.
Three hundred dollars for a third or subsequent violation all of which were committed within 18 months from the first violation; 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.
A.
A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of subdivision (a) of section 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.
B.
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 section 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.
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.
D.
The notice of liability may contain such other information as the entity causing such notice of liability to be mailed deems appropriate to communicate the law, the adjudicatory process if the addressee of the notice wishes to contest the notice of liability.
A.
The demonstration program established hereunder shall provide that 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 section 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 Section 1174 of the New York State Vehicle and Traffic Law. For purpose of (i) this section; and (ii) 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 section 1174 of the New York Vehicle and Traffic Law.
B.
If an 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 section 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 subdivision, it shall be sufficient that a certified copy of the police report be submitted to the court having jurisdiction.
C.
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 section 1174 of the New York Vehicle and Traffic Law, provided that he or she complies with the provisions of section 1174-a of the New York Vehicle and Traffic Law and otherwise sends to the Court of competent jurisdiction, 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 notice from the agency or entity which caused such notice of liability to be issued, together with the other information contained in the original notice of liability. Failure to send such information within such 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 shall be deemed to be the owner of such vehicle for the purposes of this section, shall be subject to liability for the violation of subdivision (a) of section 1174 of the New York Vehicle and Traffic Law pursuant to this chapter and shall be sent a notice of liability pursuant to § 198-4 of this chapter.
D.
A certificate, sworn to or affirmed by a technician employed by the County, 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, and other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation.
E.
It shall be a defense to any prosecution for or allegation of a violation of subdivision (a) of section 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.
For the purpose of informing and education owners for motor vehicles in this County during the first thirty-day period in which a school bus photo violation monitoring system is in operation pursuant to the provisions of this chapter, all owners of motor vehicles who would otherwise be held liable for failure of operators thereof to comply with section 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 section 375 of such 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 the court of competent jurisdiction in Putnam County or in another other manner pursuant to the New York State Vehicle and Traffic Law.
If the owner held liable for a violation of subdivision (a) of section 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.
The County shall submit 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 also include any information required by state law.
B.
The County shall annually provide a copy of the annual report submitted pursuant to this chapter to each local law enforcement agency having jurisdiction to enforce violations of the vehicle and traffic law or any ordinance, rule, or regulation relating to traffic adopted pursuant to such law on roadways within the County.
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 law, 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 filing with the New York Secretary of State.