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

* § 1111-a. Owner  liability  for  failure  of operator to comply with traffic-control indications. (a) 1. Notwithstanding any other  provision of  law,  each  city  with a population of one million or more 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  a city    to    install   and   operate   traffic-control   signal   photo violation-monitoring  devices  at  no  more  than  one   hundred   fifty 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 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 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 in a city which, 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  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 having  jurisdiction over the intersection where the violation occurred, or by any other entity authorized by the 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 any city which has established an administrative tribunal  to  hear  and determine   complaints  of  traffic  infractions  constituting  parking, standing or stopping  violations  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 a 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 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  (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 seven 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. within each borough of such city, 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.  within  each  borough of such city, 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 the preceding three years 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 since 2014;   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