NY Veh & Traf L § 1111-F (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 24 - Traffic Signs, Signals and Markings 1111-F - Owner Liability for Failure of Operator to Comply With Traffic-Control Indications.

* §  1111-f.  Owner  liability  for failure of operator to comply with traffic-control indications. (a) 1. Notwithstanding any other  provision of  law,  the village of Pelham Manor 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  traffic-control indications in such village in accordance with the  provisions  of  this section.  Such  demonstration  program  shall  empower  such  village to install and operate traffic-control  signal  photo  violation-monitoring devices   at  no  more  than  one  intersection  within  and  under  the jurisdiction of such village at any one time.   2. Such demonstration program shall utilize necessary technologies  to ensure,  to  the  extent  practicable, that photographs produced by such traffic-control signal  photo  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 a  photograph or  photographs  allow  for  the  identification  of  the  contents of a vehicle, provided that such village has  made  a  reasonable  effort  to comply with the provisions of this paragraph.  (b)  In  any  such  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 (d) of section eleven hundred eleven of this article, and such violation is evidenced  by  information obtained   from  a  traffic-control  signal  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 (d) of section eleven hundred eleven of this article.  (c)  For  purposes  of  this  section,  "owner" shall have the meaning provided in article two-B of this chapter. For purposes of this section, "traffic-control signal photo violation-monitoring system" shall mean  a vehicle  sensor  installed to work in conjunction with a traffic-control signal 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 violation of subdivision (d) of section eleven hundred eleven of this article.  (d) A certificate, sworn to or affirmed by a  technician  employed  by the  village of Pelham Manor in which the charged violation occurred, or a   facsimile   thereof,   based   upon   inspection   of   photographs, microphotographs,  videotape  or  other  recorded  images  produced by a traffic-control signal 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  (d)  of  section eleven  hundred  eleven  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.  The  liability of the owner pursuant to this  section  shall  not  exceed  fifty  dollars  for  each violation;  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 (d)  of  section  eleven hundred eleven 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 (d) of section eleven hundred eleven 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 village of Pelham Manor or by any other entity authorized  by  such  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 or, if there be none, by the court having jurisdiction over traffic infractions.  (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 department as having been stolen, it shall be a valid defense  to an allegation of liability for a violation of subdivision (d) of section eleven  hundred eleven 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 or court having jurisdiction.  (j) 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  (d)  of  section  eleven hundred  eleven  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 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 the violation of  subdivision (d)  of  section  eleven hundred eleven of this article 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  (d)  of section  eleven  hundred eleven 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 obey  a  traffic-control  indication.  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 obey a traffic-control indication.  (l) Nothing in this section shall be construed to limit the  liability of  an  operator  of  a  vehicle for any violation of subdivision (d) of section eleven hundred eleven of this article.  (m) Any village  that  adopts  a  demonstration  program  pursuant  to subdivision  (a) of this section shall submit an annual report detailing the  results  of  the  use  of   such   traffic-control   signal   photo violation-monitoring  system to the governor, the temporary president of the senate and the speaker of the assembly on or before the first day of June next succeeding the effective date of this section 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. a description of the locations where traffic-control  signal  photo violation-monitoring systems were used;   2.  the  aggregate  number, type and severity of accidents reported at intersections where a traffic-control signal photo  violation-monitoring system  is  used  for the three years 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 intersections  where a traffic-control signal photo violation-monitoring system is used for the reporting year, as well as for each year that the traffic-control  signal  photo  violation-monitoring  system  has   been operational,  to  the  extent  the  information  is  maintained  by  the department of motor vehicles of this state;   4. the number of events and number  of  violations  recorded  at  each intersection  where  a traffic-control signal photo violation-monitoring system is used and in the aggregate  on  a  daily,  weekly  and  monthly basis;   5.  the  number of notices of liability issued for violations recorded by such system at each intersection where a traffic-control signal photo violation-monitoring system is used;   6. the number of fines imposed and total amount of  fines  paid  after first notice of liability;   7.  the number and percentage 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 village by the respective courts and bureaus conducting such adjudications;   8. the total amount of revenue realized  by  such  village  from  such adjudications  including a breakdown of revenue realized by such village  for each year since  deployment  of  its  traffic-control  signal  photo violation-monitoring system;   9.  expenses  incurred by such village in connection with the program; and   10. quality of the adjudication process and its results which shall be provided at least annually to such village by the respective courts  and bureaus conducting such adjudications.  (n)  It  shall  be  a  defense  to  any prosecution for a violation of subdivision (d)  of  section  eleven  hundred  eleven  of  this  article pursuant  to  a  local law or ordinance adopted pursuant to this section that such traffic-control indications were malfunctioning at the time of the alleged violation.   * NB Effective November 7, 2021   * NB Repealed December 1, 2026