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

* §  1180-e.  Owner  liability  for failure of operator to comply with certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other provision   of   law,  the  commissioner  of  transportation  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 highway construction  or maintenance  work  area  located on a controlled-access highway (i) when highway construction or maintenance work is occurring and  a  work  area speed limit is in effect as provided in paragraph two of subdivision (d) or  subdivision  (f) of section eleven hundred eighty of this article or (ii) when highway construction or  maintenance  work  is  occurring  and other  speed  limits are in effect as provided in subdivision (b) or (g) or paragraph one of subdivision (d) of section eleven hundred eighty  of this  article. Such demonstration program shall empower the commissioner to install photo speed violation monitoring systems within no more  than twenty  highway  construction  or  maintenance  work  areas  located  on controlled-access highways and to operate such systems within such  work areas  (iii)  when highway construction or maintenance work is occurring and a work area speed limit is in effect as provided in paragraph two of subdivision (d) or subdivision (f) of section eleven hundred  eighty  of this  article  or  (iv) when highway construction or maintenance work is occurring  and  other  speed  limits  are  in  effect  as  provided   in subdivision  (b)  or  (g) or paragraph one of subdivision (d) of section eleven hundred eighty of this article. The commissioner, in consultation with the superintendent of the division of state police, shall determine the location of the  highway  construction  or  maintenance  work  areas located  on  a controlled-access highway in which to install and operate photo  speed  violation  monitoring  systems.  In  selecting  a  highway construction  or maintenance work area in which to install and operate a photo speed violation monitoring system, the commissioner shall consider criteria including, but not limited to, the speed data,  crash  history, and   roadway  geometry  applicable  to  such  highway  construction  or maintenance work area. A photo speed violation monitoring  system  shall not be installed or operated on a controlled-access highway exit ramp.   2.  Notwithstanding any other provision of law, after holding a public hearing in accordance  with  the  public  officers  law  and  subsequent approval  of  the establishment of a demonstration program in accordance with this section by a majority of the members of the  entire  board  of the  thruway  authority,  the  chair  of the thruway authority 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 highway construction  or maintenance   work   area  located  on  the  thruway  (i)  when  highway construction or maintenance work is occurring  and  a  work  area  speed limit  is  in  effect as provided in paragraph two of subdivision (d) or subdivision (f) of section eleven hundred eighty of this article or (ii) when highway construction or maintenance work  is  occurring  and  other speed  limits  are  in  effect  as provided in subdivision (b) or (g) or paragraph one of subdivision (d) of section  eleven  hundred  eighty  of this  article.  Such  demonstration  program  shall empower the chair to install photo speed violation monitoring systems within no more than ten highway construction or maintenance work areas located  on  the  thruway and  to  operate  such systems within such work areas (iii) when highway construction or maintenance work is occurring  and  a  work  area  speed limit  is  in  effect as provided in paragraph two of subdivision (d) or subdivision (f) of section eleven hundred eighty of this article or (iv) when highway construction or maintenance work  is  occurring  and  other speed  limits  are  in  effect  as provided in subdivision (b) or (g) or  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of this  article. The chair, in consultation with the superintendent of the division of state police, shall determine the location  of  the  highway construction  or  maintenance work areas located on the thruway in which to install and operate photo  speed  violation  monitoring  systems.  In selecting  a  highway  construction or maintenance work area in which to install and operate a photo speed violation monitoring system, the chair shall consider criteria including, but not limited to, the  speed  data, crash   history,   and  roadway  geometry  applicable  to  such  highway construction  or  maintenance  work  area.  A  photo   speed   violation monitoring  system  shall not be installed or operated on a thruway exit ramp.   3. No photo speed violation monitoring  system  shall  be  used  in  a highway  construction  or maintenance work area 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  five  of  this subdivision. The commissioner or chair, as applicable, shall  install  signs  giving  notice  that  a  photo  speed violation  monitoring  system  is  in use, in conformance with standards established in the MUTCD.   4. 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 commissioner or the chair, as applicable, 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.   5.  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 commissioner or the chair, as applicable, 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.   6. (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 commissioner or the chair, as applicable, shows that they 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 commissioner or the chair, as applicable, 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 commissioner  or  chair,  as applicable,  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 commissioner or chair 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  highway  construction  or maintenance work area located on a controlled-access highway or on the thruway in violation of paragraph two of subdivision (d) or subdivision (f), or when other speed limits are in effect in violation of subdivision (b) or (g) or paragraph  one of subdivision  (d),  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  highway construction  or  maintenance work area, 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), (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.  "chair"  shall  mean  the  chair  of  the  New  York state thruway authority;   2. "commissioner" shall mean the commissioner of transportation;   3. "controlled-access highway" shall mean a controlled-access  highway as  defined  by  section  one  hundred  nine  of  this chapter under the commissioner's jurisdiction which has been  functionally  classified  by the  department  of transportation as principal arterial - interstate or principal arterial - other  freeway/expressway  on  official  functional classification  maps  approved  by  the  federal  highway administration pursuant to part 470.105 of title 23 of the code of federal regulations, as amended from time to time;   4. "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;   5.  "owner"  shall  have the meaning provided in article two-B of this chapter;   6. "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  highway  construction  or maintenance  work  area located on a controlled-access highway or on the thruway in violation of subdivision (b), (d),  (f)  or  (g)  of  section eleven  hundred eighty of this article in accordance with the provisions of this section;   7.  "thruway  authority"  shall  mean  the  New  York  state   thruway authority,   a   body   corporate  and  politic  constituting  a  public corporation created and constituted pursuant to title  nine  of  article two of the public authorities law; and   8.  "thruway"  shall  mean  generally  a  divided  highway  under  the jurisdiction of the thruway authority  for  mixed  traffic  with  access limited  as  the  authority  may  determine  and  generally  with  grade separations at intersections.  (d) A certificate, sworn to or affirmed by a  technician  employed  by the  commissioner  or chair as applicable, 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),  (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 not to exceed fifty dollars for a first violation, seventy-five dollars for a second  violation  both  of  which were  committed  within  a  period  of  eighteen months, and one hundred dollars for a third or subsequent violation all of which were  committed within   a  period  of  eighteen  months;  provided,  however,  that  an additional penalty  not  in  excess  of  twenty-five  dollars  for  each violation  may  be  imposed  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), (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),  (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 commissioner or chair as applicable, or by any other  entity  authorized by  the  commissioner  or  chair  to  prepare  and  mail  such notice of liability.  (h) Adjudication of the liability imposed upon owners of 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 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), (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 traffic violations bureau,  court  having  jurisdiction  or  parking  violations bureau.  (j)  1.  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 (b), (d), (f) or (g) of section eleven hundred eighty of this article pursuant  to this  section,  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 (b), (d), (f) or (g) of section eleven hundred eighty 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 (b), (d), (f) or (g) of section eleven hundred eighty 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 (b), (d), (f) or (g) 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), (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 such operator operated such vehicle in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article.  (l) Nothing in this section shall be construed to limit the  liability of  an  operator of a vehicle for any violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article.  (m) If the  commissioner  or  chair  adopts  a  demonstration  program pursuant  to  subdivision (a) of this section the commissioner or chair, as applicable, shall conduct a study and submit a report  on  or  before May first, two thousand twenty-four and a report on or before May first, two  thousand  twenty-six  on the results of the use of photo devices to the governor, the temporary president of the senate and the  speaker  of the  assembly.  The  commissioner  or chair shall also make such reports available on  their  public-facing  websites,  provided  that  they  may provide  aggregate  data  from  paragraph one of this subdivision if the commissioner or chair finds that publishing specific location data would jeopardize public safety. 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 highway construction or maintenance  work areas on controlled-access highways or on the thruway, to the extent the information is maintained by the  commissioner,  chair or the department of motor vehicles of this state;   3.  the  aggregate  number,  type and severity of crashes, fatalities, injuries and property damage reported  within  highway  construction  or maintenance  work  areas  where photo speed violation monitoring systems were  used,  to  the  extent  the  information  is  maintained  by   the commissioner, chair or the department of motor vehicles of this state;   4.  the  number of violations recorded within all highway construction or maintenance work  areas  on  controlled-access  highways  or  on  the thruway,  in  the  aggregate on a daily, weekly and monthly basis to the extent the information is maintained by the commissioner, chair  or  the department of motor vehicles of this state;   5.  the number of violations recorded within each highway construction or maintenance work area where a photo speed violation monitoring system is used, in the aggregate on a daily, weekly and monthly basis;   6. to the extent the information is maintained  by  the  commissioner, chair  or  the department of motor vehicles of this state, the number of violations recorded within all highway construction or maintenance  work areas on controlled-access highways or on the thruway 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 highway  construction or maintenance work area 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,  to the  extent  the information is maintained by the commissioner, chair or the department of motor vehicles of this state;   10. the number of violations  adjudicated  and  the  results  of  such adjudications  including  breakdowns of dispositions made for violations recorded by such systems, to the extent the information is maintained by the commissioner, chair or the department  of  motor  vehicles  of  this state;   11.  the  total  amount  of  revenue  realized by the state or thruway authority in connection with the program;   12. the expenses incurred by the state or  the  thruway  authority  in connection with the program;   13. an itemized list of expenditures made by the state and the thruway authority  on  work  zone  safety projects undertaken in accordance with subdivisions eleven and twelve of section eighteen hundred three of this chapter; and   14. the quality of the adjudication process and its  results,  to  the extent  the  information is maintained by the commissioner, chair or the department of motor vehicles of this state.  (n) It shall be a defense  to  any  prosecution  for  a  violation  of subdivision  (b),  (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 October 6, 2026