NY Veh & Traf L § 1111-D-2 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 7 - Rules of the Road Article 24 - Traffic Signs, Signals and Markings 1111-D*2 - Owner Liability for Failure of Operator to Comply With Traffic-Control Indications.

* §  1111-d.  Owner  liability  for failure of operator to comply with traffic-control indications. (a) 1. Notwithstanding any other  provision of  law,  the  city  of Mt. Vernon 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  city  in  accordance  with the provisions of this section. Such demonstration program shall empower such city  to  install and operate traffic-control signal photo violation-monitoring devices at no more than twelve intersections within such city 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 city has made a reasonable effort to comply with the provisions of this paragraph.  (b) In any such city 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 city of Mt. Vernon 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, except that if such 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  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 city of Mt. Vernon, or by any other entity authorized by such  city  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, except that if such 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 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, court having jurisdiction or parking violations bureau.  (j) 1. In such city 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 (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 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 (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.   2.  (I)  In  such  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 (d) of section eleven hundred eleven 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 (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  city  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 June first, two thousand fifteen 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  issued  for  violations  recorded  by  such systems;   7.  the number and percentage of violations adjudicated and results of such  adjudications  including  breakdowns  of  dispositions  made   for violations recorded by such systems;   8.  the  total  amount  of  revenue  realized  by  such city from such adjudications including a breakdown of revenue realized by such city for each  year  since  deployment  of  its  traffic-control   signal   photo violation-monitoring system;   9. expenses incurred by such city in connection with the program; and   10. quality of the adjudication process and its results.  (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 Repealed December 1, 2024   * NB There are 3 § 1111-d's