NY Veh & Traf L § 1180-B (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 30 - Speed Restrictions 1180-B - Owner Liability for Failure of Operator to Comply With Certain Posted Maximum Speed Limits.

* §  1180-b.  Owner  liability  for failure of operator to comply with certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other provision of law, the city of New York is hereby authorized to establish a  demonstration  program  imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within such city (i) when  a  school speed  limit  is  in  effect  as  provided  in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided  in  subdivision  (b), (d),  (f)  or  (g)  of  section  eleven  hundred  eighty of this article weekdays between the hours of six o'clock A.M. and ten o'clock P.M. Such demonstration program shall empower the city  of  New  York  to  install photo  speed  violation  monitoring  systems  within  no more than seven hundred fifty school speed zones within such city at any one time and to operate such systems within such zones (iii) when a school  speed  limit is in effect as provided in paragraphs one and two of subdivision (c) of section  eleven  hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g)  of section eleven hundred eighty of this article weekdays between the hours of  six  o'clock  A.M.  and ten o'clock P.M. In selecting a school speed zone in which to install and operate a photo speed violation  monitoring system,  the city of New York shall consider criteria including, but not limited to, the speed data, crash  history,  and  the  roadway  geometry applicable  to  such  school  speed zone. Such city shall prioritize the placement of photo speed violation monitoring systems  in  school  speed zones based upon speed data or the crash history of a school speed zone. A  photo  speed  violation  monitoring  system shall not be installed or operated on a  controlled-access  highway  exit  ramp  or  within  three hundred  feet  along  a  highway  that  continues  from  the  end  of  a controlled-access highway exit ramp.   2. No photo speed violation monitoring  system  shall  be  used  in  a school  speed  zone  unless  (i)  on  the  day  it  is to be used it has successfully passed a self-test  of  its  functions;  and  (ii)  it  has undergone  an  annual  calibration check performed pursuant to paragraph four of this subdivision. The city shall install signs giving notice  to approaching  motor  vehicle  operators  that  a  photo  speed  violation monitoring system is in use, in conformance with  standards  established in the MUTCD.   3.  Operators  of  photo speed violation monitoring systems shall have completed training in  the  procedures  for  setting  up,  testing,  and operating  such  systems.  Each  such operator shall complete and sign a daily set-up log for each such system that he or she operates  that  (i) states  the  date  and time when, and the location where, the system was set up that  day,  and  (ii)  states  that  such  operator  successfully performed,  and  the system passed, the self-tests of such system before producing a recorded image that day. The city  shall  retain  each  such daily log until the later of the date on which the photo speed violation monitoring  system to which it applies has been permanently removed from use or the final resolution of all cases involving notices of  liability issued  based  on photographs, microphotographs, video or other recorded images produced by such system.   4. Each photo speed  violation  monitoring  system  shall  undergo  an annual   calibration  check  performed  by  an  independent  calibration laboratory which shall issue a signed certificate  of  calibration.  The city  shall  keep  each  such  annual certificate of calibration on file until the final resolution of all cases involving a notice of  liability issued   during   such   year   which   were   based   on   photographs,  microphotographs, videotape or other recorded images  produced  by  such photo speed violation monitoring system.   5. (i) Such demonstration program shall utilize necessary technologies to    ensure,    to    the   extent   practicable,   that   photographs, microphotographs, videotape or other recorded images  produced  by  such photo  speed  violation monitoring systems shall not include images that identify the driver, the passengers, or the  contents  of  the  vehicle. Provided,  however,  that no notice of liability issued pursuant to this section  shall  be  dismissed  solely   because   such   a   photograph, microphotograph,  videotape  or  other  recorded  image  allows  for the identification of  the  driver,  the  passengers,  or  the  contents  of vehicles  where the city shows that it made reasonable efforts to comply with the provisions of this paragraph in such case.  (ii) Photographs, microphotographs, videotape or  any  other  recorded image  from  a  photo speed violation monitoring system shall be for the exclusive use of the  city  for  the  purpose  of  the  adjudication  of liability  imposed pursuant to this section and of the owner receiving a notice of liability pursuant to this section, and shall be destroyed  by the  city  upon the final resolution of the notice of liability to which such photographs, microphotographs, videotape or other  recorded  images relate,  or  one  year  following the date of issuance of such notice of liability, whichever is later. Notwithstanding  the  provisions  of  any other   law,   rule   or   regulation   to  the  contrary,  photographs, microphotographs, videotape or any other recorded  image  from  a  photo speed  violation  monitoring system shall not be open to the public, nor subject to civil or criminal process or discovery, nor used by any court or administrative or adjudicatory  body  in  any  action  or  proceeding therein  except that which is necessary for the adjudication of a notice of liability issued pursuant to this section, and no  public  entity  or employee,  officer  or  agent  thereof  shall disclose such information, except that such photographs, microphotographs, videotape or  any  other recorded images from such systems:  (A) shall be available for inspection and copying and use by the motor vehicle   owner   and   operator   for  so  long  as  such  photographs, microphotographs, videotape or other recorded images are required to  be maintained or are maintained by such public entity, employee, officer or agent; and  (B)  (1)  shall be furnished when described in a search warrant issued by a court authorized to issue such a search warrant pursuant to article six hundred ninety of the criminal procedure  law  or  a  federal  court authorized  to issue such a search warrant under federal law, where such search warrant states that there is reasonable  cause  to  believe  such information  constitutes  evidence  of,  or tends to demonstrate that, a misdemeanor or felony offense was committed in  this  state  or  another state,  or  that a particular person participated in the commission of a misdemeanor or felony offense in this state or another state,  provided, however, that if such offense was against the laws of another state, the court  shall only issue a warrant if the conduct comprising such offense would, if occurring in this state, constitute a  misdemeanor  or  felony against the laws of this state; and  (2) shall be furnished in response to a subpoena duces tecum signed by a  judge  of  competent  jurisdiction and issued pursuant to article six hundred ten of the criminal procedure law or a judge or magistrate of  a federal  court  authorized  to  issue  such a subpoena duces tecum under federal law, where the judge finds and the subpoena states that there is reasonable cause to believe such information is relevant and material to the prosecution, or the defense, or the investigation by  an  authorized law  enforcement official, of the alleged commission of a misdemeanor or  felony in this state or another state, provided, however, that  if  such offense  was against the laws of another state, such judge or magistrate shall only issue such subpoena if the conduct  comprising  such  offense would, if occurring in this state, constitute a misdemeanor or felony in this state; and  (3)  may,  if lawfully obtained pursuant to this clause and clause (A) of this subparagraph and otherwise admissible, be used in such  criminal action or proceeding.  (b)  If  the  city  of  New  York  establishes a demonstration program pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle shall  be  liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the  owner,  express or  implied,  within a school speed zone in violation of subdivision (c) or during the times authorized  pursuant  to  subdivision  (a)  of  this section  in  violation  of  subdivision  (b), (d), (f) or (g) of section eleven hundred eighty of this article, such vehicle was traveling  at  a speed  of  more  than ten miles per hour above the posted speed limit in effect within such school speed zone, and such violation is evidenced by information obtained from a photo  speed  violation  monitoring  system; provided  however  that  no  owner  of  a  vehicle shall be liable for a penalty imposed pursuant to this section  where  the  operator  of  such vehicle  has  been  convicted of the underlying violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven  hundred  eighty  of  this article.  (c)  For  purposes of this section, the following terms shall have the following meanings:   1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean the  manual  and  specifications for a uniform system of traffic control devices maintained by the commissioner  of  transportation  pursuant  to section sixteen hundred eighty of this chapter;   2.  "owner"  shall  have the meaning provided in article two-B of this chapter.   3. "photo speed violation monitoring  system"  shall  mean  a  vehicle sensor  installed  to  work in conjunction with a speed measuring device which automatically produces  two  or  more  photographs,  two  or  more microphotographs,  a  videotape or other recorded images of each vehicle at the time it is used or operated in a school speed zone  in  violation of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this  article  in  accordance  with  the  provisions  of  this section; and   4.  "school speed zone" shall mean a radial distance not to exceed one thousand three hundred twenty feet from a school building, entrance,  or exit.  (d)  A  certificate,  sworn to or affirmed by a technician employed by the city of New York, or a facsimile thereof, based upon  inspection  of photographs,   microphotographs,  videotape  or  other  recorded  images produced by a photo speed violation monitoring system,  shall  be  prima facie   evidence  of  the  facts  contained  therein.  Any  photographs, microphotographs, videotape or other recorded images evidencing  such  a violation shall include at least two date and time stamped images of the rear  of  the motor vehicle that include the same stationary object near the motor vehicle and shall be available for  inspection  reasonably  in advance  of  and  at any proceeding to adjudicate the liability for such violation pursuant to this section.  (e) An owner liable for a violation of subdivision (b), (c), (d),  (f) or  (g)  of  section eleven hundred eighty of this article pursuant to a demonstration program established pursuant  to  this  section  shall  be liable for monetary penalties in accordance with a schedule of fines and  penalties to be promulgated by the parking violations bureau of the city of  New  York. The liability of the owner pursuant to this section shall not exceed fifty dollars for each  violation;  provided,  however,  that such parking violations bureau may provide for an additional penalty not in  excess  of twenty-five dollars for each violation for the failure to respond to a notice of liability within the prescribed time period.  (f)  An  imposition  of  liability  under  the  demonstration  program established pursuant to this section shall not be deemed a conviction as an  operator  and  shall not be made part of the operating record of the person upon whom such liability is imposed nor  shall  it  be  used  for insurance purposes in the provision of motor vehicle insurance coverage.  (g) 1. 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 (b), (c), (d), (f) or (g) of  section  eleven  hundred  eighty  of  this article  pursuant to this section, within fourteen business days if such owner is a resident of this state and within forty-five business days if such owner is a non-resident. 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.   2.  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 (b),  (c),  (d),  (f)  or  (g)  of section eleven hundred eighty of this article pursuant to this section, the registration number of the vehicle involved in such violation,  the  location  where  such  violation  took place, the date and time of such violation, the identification number of the  camera  which  recorded  the  violation  or  other document locator number, at least two date and time stamped images of  the  rear  of  the motor  vehicle  that  include  the same stationary object near the motor vehicle, and the certificate charging the liability.   3. The 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 prominent warning to advise the person 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.   4. The notice of liability shall be prepared and mailed by the city of New York, or by any other entity authorized by the city to  prepare  and mail such notice of liability.  (h)  Adjudication of the liability imposed upon owners of this section shall be by the New York city parking violations bureau.  (i) If an owner receives  a  notice  of  liability  pursuant  to  this section for any time period during which the vehicle or the number plate or  plates  of  such  vehicle  was  reported to the police department as having been stolen, it shall be a valid  defense  to  an  allegation  of liability  for  a  violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to  this  section that  the vehicle or the number plate or plates of such 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 or number plate or plates of such vehicle be sent by first class mail to the New York city parking violations bureau,  or  by  any  other entity  authorized  by  the  city  to  prepare  and  mail such notice of liability.  (j) Adjudication of the liability imposed upon owners of this  section shall be by the New York city parking violations bureau.  (k)  1.  An  owner  who  is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision (g) of this  section  shall not be liable for the violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven  hundred  eighty  of  this  article pursuant to this section, provided that:  (i)  prior  to  the  violation, the lessor has filed with such parking violations bureau in accordance  with  the  provisions  of  section  two hundred thirty-nine of this chapter; and  (ii)  within thirty-seven days after receiving notice from such bureau of the date and time of a liability, together with the other information contained in the original notice of liability,  the  lessor  submits  to such  bureau  the  correct name and address of the lessee of the vehicle identified in the notice of liability at the  time  of  such  violation, together with such other additional information contained in the rental, lease  or other contract document, as may be reasonably required by such bureau pursuant to regulations that may be promulgated for such purpose.   2. Failure to comply with subparagraph (ii) of paragraph (a)  of  this subdivision  shall render the owner liable for the penalty prescribed in this section.   3. Where the lessor complies with the provisions of paragraph  (a)  of this  subdivision,  the  lessee  of  such  vehicle  on  the date of such violation shall be deemed to be the owner of such vehicle  for  purposes of  this  section,  shall  be  subject  to  liability for such violation pursuant to this section  and  shall  be  sent  a  notice  of  liability pursuant to subdivision nine of this section.  (l)  1.  If the owner liable for a violation of subdivision (c) or (d) of section eleven hundred  eighty  of  this  article  pursuant  to  this section  was  not  the  operator  of  the  vehicle  at  the  time of the violation, the owner may maintain an action for indemnification  against the operator.   2.  Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine  imposed  pursuant  to  this section  if  the  operator  of  such  vehicle was operating such vehicle without the consent of the owner at the time such operator operated such vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. For purposes of this  subdivision there  shall  be  a  presumption  that  the operator of such vehicle was operating such vehicle with the consent of the owner at the time of such operator operated such vehicle in violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty of this article.  (m)  Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of subdivision (c) or  (d) of section eleven hundred eighty of this article.  (n) If the city adopts a demonstration program pursuant to subdivision (a) of this section it shall conduct a study and submit an annual report on  the  results  of  the  use  of  photo  devices  to the governor, the temporary president of the senate and the speaker of the assembly on  or before  June  first,  two  thousand  twenty and on the same date in each succeeding year in which the demonstration  program  is  operable.  Such report shall include:   1. the locations where and dates when photo speed violation monitoring systems were used;   2.  the  aggregate  number,  type and severity of crashes, fatalities, injuries and property damage reported  within  all  school  speed  zones within  the  city,  to  the  extent the information is maintained by the department of motor vehicles of this state;   3. the aggregate number, type and  severity  of  crashes,  fatalities, injuries  and  property  damage reported within school speed zones where  photo speed violation monitoring systems were used, to  the  extent  the information  is  maintained  by the department of motor vehicles of this state;   4.  the  number  of  violations recorded within all school speed zones within the city, in the aggregate on a daily, weekly and monthly basis;   5. the number of violations recorded within  each  school  speed  zone where  a  photo  speed  violation  monitoring  system  is  used,  in the aggregate on a daily, weekly and monthly basis;   6. the number of violations recorded within  all  school  speed  zones within the city that were:  (i)  more  than  ten  but not more than twenty miles per hour over the posted speed limit;  (ii) more than twenty but not more than thirty miles per hour over the posted speed limit;  (iii) more than thirty but not more than forty miles per hour over the posted speed limit; and  (iv) more than forty miles per hour over the posted speed limit;   7. the number of violations recorded within  each  school  speed  zone where a photo speed violation monitoring system is used that were:  (i)  more  than  ten  but not more than twenty miles per hour over the posted speed limit;  (ii) more than twenty but not more than thirty miles per hour over the posted speed limit;  (iii) more than thirty but not more than forty miles per hour over the posted speed limit; and  (iv) more than forty miles per hour over the posted speed limit;   8. the total number of notices  of  liability  issued  for  violations recorded by such systems;   9.  the number of fines and total amount of fines paid after the first notice of liability issued for violations recorded by such systems;   10. the number of violations  adjudicated  and  the  results  of  such adjudications  including  breakdowns of dispositions made for violations recorded by such systems;   11. the total amount of revenue realized by  the  city  in  connection with the program;   12. the expenses incurred by the city in connection with the program;   13. the quality of the adjudication process and its results;   14.  the  total  amount  of revenue expended on traffic and pedestrian safety within the city of New York; and   15. the effectiveness and adequacy of the hours of operation for  such program to determine the impact on speeding violations and prevention of crashes.  (o)  It  shall  be  a  defense  to  any prosecution for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty of this article pursuant to this section that such photo speed violation monitoring  system  was  malfunctioning  at  the  time  of  the  alleged violation.   * NB Repealed July 1, 2022