New York City Council Header
File #: Int 1724-2019    Version: * Name: Creating a demonstration program to use photographic evidence to impose liability on vehicle owners for passing a stopped school bus and providing for the repeal of such provision upon the expiration thereof.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Transportation
On agenda: 9/25/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to creating a demonstration program to use photographic evidence to impose liability on vehicle owners for passing a stopped school bus and providing for the repeal of such provision upon the expiration thereof
Sponsors: Ben Kallos, Mark Treyger, Robert F. Holden, Diana Ayala
Council Member Sponsors: 4
Summary: This bill would create a demonstration program to monitor vehicle operators, using images from stationary cameras or cameras affixed to the sides of school buses, for failure to stop for a school bus displaying a red visual signal. Under this program, liability and penalties would be imposed on the owners of such vehicles.
Indexes: Sunset Date Applies
Attachments: 1. Summary of Int. No. 1724, 2. Int. No. 1724, 3. September 25, 2019 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 9-25-19, 5. Committee Report 12/16/19, 6. Hearing Testimony 12/16/19, 7. Hearing Transcript 12/16/19, 8. Minutes of the Stated Meeting - September 25, 2019

Int. No. 1724

 

By Council Members Kallos, Treyger, Holden and Ayala

 

A Local Law to amend the administrative code of the city of New York, in relation to creating a demonstration program to use photographic evidence to impose liability on vehicle owners for passing a stopped school bus and providing for the repeal of such provision upon the expiration thereof

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 6 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-610 to read as follows:

§ 19-610 School bus photo violation.

a. Definitions. For purposes of this section, the following terms have the following meanings:

Owner.  The term "owner" has the meaning of that term as provided in article 2-B of the vehicle and traffic law.

School bus photo violation monitoring system. The term "school  bus  photo  violation  monitoring  system" has the meaning of that term as provided in subdivision (c) of section 1174-a of the vehicle and traffic law.

b. Liability for passing a stopped school bus.  If the operator of a vehicle fails to comply with section 1174 of the vehicle and traffic law when meeting a school bus operated in the city and marked and equipped as provided in subdivisions 20 and 21-c of section 375 of the vehicle and traffic law, the owner of such vehicle shall be liable in accordance with section 1174-a of the vehicle and traffic law and shall be subject to the monetary penalties described in subdivision e of this section.

c. Installation and operation of photo violation monitoring systems. 1. Subject to paragraph 2, a stationary or mobile school bus photo violation monitoring system may be installed and operated to carry out this section by the head of an agency designated by the mayor.

2. A mobile school bus photo violation monitoring system may be installed and operated on a school bus to carry out this section only if:

(a) the city and the city school district enter into an agreement for such installation and operation; and

(b) such agreement is in effect.

d. Privacy measures. In carrying out this section privacy measures, as provided in paragraph 4 of subdivision (a) of section 1174-a of the vehicle and traffic law, shall be implemented by the head of an agency designated by the mayor.

e. Adjudication; penalties.  1. The parking violations bureau shall adjudicate imposition of liability under this section in accordance with a schedule of monetary fines and penalties promulgated as provided in section 1174-a of the vehicle and traffic law.

2. The provisions of section 1174-a and sections 239, 240 and 241 of the vehicle and traffic law shall apply with respect to the imposition and adjudication of any liability under this section and notice with respect to any such liability.

3. Any photographs, microphotographs, videotape or other recorded images evidencing a violation under this section shall be available for inspection in any proceeding to adjudicate the liability for such violation.

f. Payment to school district required. If the city does not make the payment to the school district required under paragraph 1-b of subdivision (a) of section 1174-a of the vehicle and traffic law, no liability may be imposed under this section until the city makes such required payment to the district.

g. Implementation of program. The mayor may designate any additional city agency or office thereof or employees of any city agency to assist in implementing the provisions of this section.

                     § 2. This local law takes effect on the later of the following dates:

                     a. The date this local law becomes a law.

                      b. The date that section 1174-a of the vehicle and traffic law takes effect.

                     § 3. This local law expires and is deemed repealed on the same date as the expiration of section 1174-a of the vehicle and traffic law.

JB

LS #10147

August 30, 2019