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: Enacted
Committee: Committee on Transportation
On agenda: 9/25/2019
Enactment date: 1/9/2022 Law number: 2022/010
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, Ydanis A. Rodriguez, Mark Treyger, Robert F. Holden, Diana I. Ayala, Carlina Rivera , Justin L. Brannan, Robert E. Cornegy, Jr., Keith Powers , Helen K. Rosenthal, James G. Van Bramer, James F. Gennaro, Eric Dinowitz
Council Member Sponsors: 13
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. Minutes of the Stated Meeting - September 25, 2019, 6. Committee Report 12/16/19, 7. Hearing Testimony 12/16/19, 8. Hearing Transcript 12/16/19, 9. Proposed Int. No. 1724-A - 12/7/21, 10. Message of Necessity, 11. Committee Report 12/8/21, 12. Committee Report - Stated Meeting, 13. December 9, 2021 - Stated Meeting Agenda, 14. Int. No. 1724-A (FINAL), 15. Fiscal Impact Statement, 16. Hearing Transcript - Stated Meeting 12-9-21
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/10/2022ABen Kallos City Council Returned Unsigned by Mayor  Action details Meeting details Not available
1/9/2022ABen Kallos Administration City Charter Rule Adopted  Action details Meeting details Not available
12/9/2021ABen Kallos City Council Sent to Mayor by Council  Action details Meeting details Not available
12/9/2021ABen Kallos City Council Approved by CouncilPass Action details Meeting details Not available
12/8/2021*Ben Kallos Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
12/8/2021*Ben Kallos Committee on Transportation Amendment Proposed by Comm  Action details Meeting details Not available
12/8/2021*Ben Kallos Committee on Transportation Amended by Committee  Action details Meeting details Not available
12/8/2021ABen Kallos Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
12/16/2019*Ben Kallos Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
12/16/2019*Ben Kallos Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
9/25/2019*Ben Kallos City Council Referred to Comm by Council  Action details Meeting details Not available
9/25/2019*Ben Kallos City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1724-A

 

By Council Members Kallos, Rodriguez, Treyger, Holden, Ayala, Rivera, Brannan, Cornegy, Powers, Rosenthal, Van Bramer, Gennaro and Dinowitz

 

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 monitoring system demonstration program.

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

Implementing agency. The term “implementing agency” means an agency designated by the mayor to carry out the provisions of subdivisions c, d and h of this section.

Owner.  The term "owner" has the same meaning as set forth in section 239 of the vehicle and traffic law.

School bus photo violation monitoring system. The term "school  bus  photo  violation  monitoring  system" has the same meaning as set forth 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 of this subdivision, a stationary or mobile school bus photo violation monitoring system may be installed and operated to carry out the provisions of this section by the implementing agency.

2. A mobile school bus photo violation monitoring system may be installed and operated on a school bus to carry out the provisions of 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, appropriate privacy measures, as described in paragraph 4 of subdivision (a) of section 1174-a of the vehicle and traffic law, shall be adopted and enforced by the implementing agency.

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 authorized by section 1174-a of the vehicle and traffic law.

2. The provisions of sections 239, 240, 241 and 1174-a 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 by 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 or employees of any city agency to assist in implementing the provisions of this section.

h. Annual report.  The implementing agency shall submit an annual report on the results of the use of a school bus photo violation monitoring system to the mayor and the speaker of the council. Such report shall be submitted by June 1 of each year in which such system is operable. Such report shall include, but need not be limited to, the information described in subdivision (m) of section 1174-a of the vehicle and traffic law.

                     § 2. This local law takes effect 90 days after it becomes a law and expires and is deemed repealed on December 1, 2024.

JB

LS #10147

12/7/21