NY Veh & Traf L § 1174-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 29 - Special Stops Required 1174-A - Owner Liability for Failure of Operator to Stop for a School Bus Displaying a Red Visual Signal and Stop-Arm.

* §  1174-a.  Owner  liability  for  failure of operator to stop for a school  bus  displaying  a  red  visual  signal  and  stop-arm.  (a)  1. Notwithstanding  any  other  provision  of  law, a county, city, town or village  located  within  a  school  district  ("district")  is   hereby authorized  and  empowered  to  adopt and amend a local law or ordinance establishing a demonstration program imposing monetary liability on  the owner  of  a  vehicle  for failure of an operator thereof to comply with section eleven hundred seventy-four  of  this  chapter  when  meeting  a school  bus  marked  and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this  chapter  and operated  in  such county, city, town or village, in accordance with the provisions of this section. Such  demonstration  program  shall  empower such  county,  city,  town  or village 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 such county, city, town  or  village,  on  school  buses owned  and  operated  by  such  school  district  or privately owned and operated for compensation under contract with such  district.  Provided, however,  that  (a)  no stationary school bus photo violation monitoring system shall be installed or operated by a county, city, town or village except on roadways under the jurisdiction of such county, city, town  or village,  and (b) no mobile school bus photo violation monitoring system shall be installed or operated on any  such  school  buses  unless  such county,  city, town or village and such district enter into an agreement for such installation and operation.   1-a. Any county, city,  town  or  village,  located  within  a  school district,  that  has  adopted  a local law or ordinance pursuant to this section establishing a demonstration program imposing liability  on  the owner  of  a  vehicle  for failure of an operator thereof to comply with section eleven hundred seventy-four  of  this  chapter  when  meeting  a school  bus  marked  and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this  chapter  and operated  in  such  county,  city,  town  or  village  may enter into an agreement with the applicable  school  district  for  the  installation, maintenance  and use of school bus photo violation monitoring systems on school buses pursuant to this section  and  section  twenty-two  of  the chapter  of  the laws of two thousand nineteen which added this section, 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 applicable county, city,  town  or village.  Any agreement entered into hereunder shall be approved by each participating county, city, town or village by a majority  vote  of  the voting  strength of its governing body and by resolution of the district pursuant to section sixteen  hundred  four,  section  seventeen  hundred nine,  section  twenty-five  hundred  three, section twenty-five hundred fifty-four or section twenty-five hundred ninety-h of the education law, as applicable. Provided, however, that where a district has  entered  an agreement  as  provided  hereunder  with  a  county, no cities, towns or villages within the same county may enter into, or be a  party  to,  any agreement with such district pursuant to this section. Provided further, however,  that  no  county shall enter an agreement with any city school district wholly contained within a city. Nothing in this  section  shall be construed to prevent a county, city, town, village or district at any time to withdraw from or terminate an agreement entered pursuant to this section  and section twenty-two of the chapter of the laws of 2019 which added this section.    1-b. The total cost to the district of the  installation,  maintenance and  use  of  school  bus photo violation monitoring systems pursuant to this section shall be borne  entirely  by  the  county,  city,  town  or village  within  the  district which is a party to such agreement. On or before  September  first  of each year, the district shall determine and certify to each county, city, town or village with which it has  entered into  an  agreement  pursuant  to  this  section  the  total cost to the district for the school year ending  the  preceding  June  thirtieth  of installing,  maintaining and using such systems within each such county, city, town or village, respectively, 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 applicable county, city, town or village. On or before the following December first of each year, each such county, city,  town  or village  shall  pay  to  the district such cost so certified to it on or before the preceding September first. Not later than twenty  days  after each  such  payment  is submitted or is due, whichever occurs first, the district shall submit to the director of the budget and the chairpersons of the fiscal committees of the  legislature  a  report  for  each  such county,  city, town and village showing the amount of costs so certified and the amount of payments so received or due. If a county,  city,  town or  village  fails  to  make the payment required to the district by the twentieth day after the date such payment  was  due,  (i)  the  district shall  notify  the  director  of  the budget and the chairpersons of the fiscal  committees  of  the  legislature  of  such   occurrence   within twenty-four  hours of such day; and (ii) the demonstration program shall be suspended within such county, city, town, or village until such  time as such county, city, town, or village makes the payment required to the district.  The  district shall notify the director of the budget and the chairpersons of the fiscal committees of the legislature of such payment within seven business days of its receipt. Provided, however,  that  any notice of liability issued prior to such date shall not be voided.   2.  Any  image  or  images  captured  by  school  bus  photo violation monitoring systems shall be inadmissible in any disciplinary  proceeding convened  by  any  school district or any school bus contractor thereof, and any proceeding  initiated  by  the  department  involving  licensure privileges  of  school  bus  operators.  Any  school bus photo violation monitoring device mounted on a school bus shall  be  directed  outwardly from such school bus to capture images of vehicles operated in violation of  section  eleven  hundred  seventy-four  of  this chapter, and images produced by such device shall not be used for any other purpose.   3. (i) Any participating school  district  shall  be  prohibited  from accessing  any photographs, microphotographs, videotapes, other recorded images or data from school bus photo violation  monitoring  systems  but shall  provide,  pursuant  to  an agreement with a county, city, town or village as provided in this section, 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 applicable county, city, town or village for the purpose  of determining  whether  a  motor  vehicle  was  operated  in  violation of subdivision (a) of section eleven hundred seventy-four of this title and imposing monetary liability on the owner of such motor vehicle therefor.  (ii) Photographs, microphotographs, videotapes, other recorded  images and data produced by school bus photo violation monitoring systems shall be destroyed (A) ninety 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  section  or  (B)  upon  final disposition of a notice of liability issued pursuant to this section.   4.  A  county,  city,  town  or  village  establishing a demonstration program pursuant to this section 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 violation monitoring device. Such measures shall include:  (i)  utilization  of  necessary  technologies to ensure, to the extent practicable,  that  photographs  produced  by  such  school  bus   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  such county, city, town or village has made a reasonable effort to comply with the provisions of this paragraph;  (ii) a prohibition on 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;  (iii) the  installation  of  signage  in  conformance  with  standards established  in the MUTCD at each roadway entrance of the jurisdictional boundaries of such county, city, town  or  village  giving  notice  that school  bus  photo  violation  monitoring  systems  are  used to enforce restrictions on vehicles violating section eleven  hundred  seventy-four of  this chapter. For the purposes of this paragraph, the term "roadway" shall not include state expressway routes or state interstate routes but shall include  controlled-access  highway  exit  ramps  that  enter  the jurisdictional boundaries of a county, city, town or village; and  (iv) oversight procedures to ensure compliance with the aforementioned privacy protection measures.  (b)  In  any  such  county,  city, town or village which has adopted a local law or ordinance 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,  in  violation  of  subdivision  (a)  of section  eleven hundred seventy-four of this article, 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 section where the operator of such vehicle has  been  convicted  of  the  underlying  violation  of subdivision (a) of section eleven hundred seventy-four of this article.  (c)  For  purposes of this section, the following terms shall have the following meanings: "county" shall have the meaning provided in  section three  of  the  county  law, except that such term shall not include any county wholly contained  within  a  city;  "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;  "owner"  shall  have the meaning provided in article  two-B  of  this  chapter;  and  "school  bus  photo   violation monitoring  system"  shall  mean  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 eleven hundred seventy-four of this article.  (d)  A  certificate,  sworn to or affirmed by a technician employed by the county, city,  town  or  village  in  which  the  charged  violation occurred,  or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or  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,  videotape  or other recorded images evidencing such a violation shall  be  available  for  inspection  in  any  proceeding  to adjudicate  the  liability for such violation pursuant to a local law or ordinance adopted pursuant to this section.  (e) An owner liable for a violation  of  subdivision  (a)  of  section eleven  hundred  seventy-four of this article pursuant to a local law or ordinance adopted pursuant to this section shall be liable for  monetary penalties in accordance with a schedule of fines and penalties to be set forth in such local law or ordinance, except that if a city by local law has  authorized  the  adjudication  of such owner liability by a parking violations bureau, such schedule shall be promulgated  by  such  bureau. The liability of the owner pursuant to this section shall be two hundred fifty  dollars  for  a first violation, two hundred seventy-five dollars for a second violation both of which were committed within a  period  of eighteen  months,  and  three  hundred dollars for a third or subsequent violation all of which  were  committed  within  a  period  of  eighteen months;  provided, however, that such local law or ordinance 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 a local law or ordinance adopted 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 (a)  of  section eleven hundred seventy-four of this article pursuant to this section. 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 (a)  of  section eleven hundred seventy-four 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 and the identification number of the camera which recorded the violation or other document locator number.   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 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.   4. The notice of liability shall be prepared and mailed by the county, city,  town  or village in which the violation occurred, or by any other entity authorized by such county, city, town or village to  prepare  and mail such notification of violation.  (h)  Adjudication of the liability imposed upon owners by this section shall be by a traffic violations bureau established pursuant to  section  three  hundred  seventy of the general municipal law where the violation occurred or, if there be none, by the  court  having  jurisdiction  over traffic  infractions where the violation occurred, except that if a city has  established  an  administrative  tribunal  to  hear  and  determine complaints of traffic  infractions  constituting  parking,  standing  or stopping  violations  such  city  may,  by  local  law,  authorize  such adjudication by such tribunal.  (i) If an owner receives  a  notice  of  liability  pursuant  to  this section 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 eleven  hundred  seventy-four  of  this article pursuant to this section 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 on  the  stolen vehicle  be  sent  by first class mail to the traffic violations bureau, court having jurisdiction or parking violations bureau.  (j) 1. In such county, city, town or village where the adjudication of liability imposed upon owners pursuant to this section is by  a  traffic violations  bureau  or  a  court  having jurisdiction, 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  (a)  of  section  eleven  hundred  seventy-four of this article, provided that he or she sends to the traffic violations  bureau or  court  having 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 thirty-seven days after receiving notice from the bureau or court of the date and time of such violation, 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 section. Where the lessor complies with the provisions of this  paragraph,  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 the violation of subdivision (a) of section eleven hundred seventy-four  of this article pursuant to this section and shall be sent a notice of liability pursuant to subdivision (g) of this section.   2. (i) In a city which, by local law, has authorized the  adjudication of liability imposed upon owners by this section by a parking violations bureau,  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 (a) of section eleven hundred seventy-four of this article, provided that:  (A) prior to the violation, the lessor has filed with  the  bureau  in accordance  with  the  provisions  of section two hundred thirty-nine of this chapter; and  (B) within thirty-seven days after receiving notice from the 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 the 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 the bureau pursuant to regulations that may be promulgated for such purpose.  (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this paragraph  shall  render  the owner liable for the penalty prescribed in this section.  (iii) Where the lessor complies with the provisions of this paragraph, 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 (g) of this section.  (k) 1. If the owner liable for  a  violation  of  subdivision  (a)  of section  eleven  hundred  seventy-four  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 failed to comply with section eleven hundred seventy-four  of  this  chapter.  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 such operator failed to comply with section eleven hundred seventy-four of this chapter.  (l)  Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any  violation  of  subdivision  (a)  of section eleven hundred seventy-four of this article.  (m)  In  any  such  county,  city,  town  or  village  which  adopts a demonstration program pursuant to subdivision (a) of this section,  such county,  city,  town  or  village  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 first, two thousand nineteen and  on  the same  date in each succeeding year in which the demonstration program is operable. Such report shall include, but not be limited to:   1. the  number  of  buses  and  a  description  of  the  routes  where stationary and mobile school bus photo violation monitoring systems were used;   2.  the  aggregate  number, type and severity of accidents reported at locations where a school bus photo violation monitoring system  is  used for  the  year  preceding the installation of such system, to the extent the information is maintained by the department  of  motor  vehicles  of this state;   3.  the  aggregate  number, type and severity of accidents reported at locations where a school bus photo violation monitoring system is  used, to  the  extent the information is maintained by the department of motor vehicles of this state;   4. the number of violations recorded at each location where  a  school bus  photo violation monitoring system is used and in the aggregate on a daily, weekly and monthly basis;   4-a. the number of convictions for violations of  subdivision  (a)  of section  eleven  hundred  seventy-four  of this article recorded at each location where a school bus photo violation monitoring system is used on an annual basis, to the extent the  information  is  maintained  by  the department of motor vehicles of this state;   5.  the  total  number  of  notices of liability issued for violations recorded by such systems;   6. the number of fines and total amount of fines paid after the  first notice of liability issued for violations recorded by such systems;    7.   the   number  of  violations  adjudicated  and  results  of  such adjudications including breakdowns of dispositions made  for  violations recorded  by  such  systems which shall be provided at least annually to such county, city, town or village by the respective courts, bureaus and agencies conducting such adjudications;   8.  the total amount of revenue realized by such city, town or village from such adjudications;   9. the expenses incurred by such city, town or village  in  connection with the program;   10.  the quality of the adjudication process and its results including the total number of hearings  scheduled,  re-scheduled,  and  held;  the total number of persons scheduled for such hearings; the total number of cases where fines were paid on or before the hearing date; and the total number  of default judgments entered. Such information shall be provided at least  annually  to  such  county,  city,  town  or  village  by  the respective  courts,  bureaus and agencies conducting such adjudications; and   11. a description of public education  activities  conducted  to  warn motorists of the dangers of overtaking and passing stopped school buses.  (n)  It  shall  be  a  defense  to  any prosecution for a violation of subdivision (a) of section eleven hundred seventy-four of  this  article pursuant  to  a  local law or ordinance adopted pursuant to this section that such school bus stop-arms were malfunctioning at the  time  of  the alleged violation.   * NB Repealed December 1, 2024