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

* § 1180-d. Owner  liability  for  failure  of operator to comply with certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other provision  of law, the city of Buffalo 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 school speed zone within the city (i) when a school speed limit is in effect as  provided  in  paragraphs  one  and  two  of subdivision (c) of section eleven hundred eighty of this article or (ii) when  other  speed  limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article  during the following times: (A) on school days during school hours and one hour before  and  one  hour  after  the  school  day, and (B) a period during student activities at the school and up to  thirty  minutes  immediately before   and  up  to  thirty  minutes  immediately  after  such  student activities. Such demonstration program shall empower the city to install photo speed violation monitoring systems  within  no  more  than  twenty school  speed  zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is  in  effect as  provided  in  paragraphs  one  and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when  other  speed  limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article during the following times: (A) on school  days  during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and  up  to  thirty  minutes immediately  after  such student activities. In selecting a school speed zone in which to install and operate a photo speed violation  monitoring system,  the  city shall consider criteria including, but not limited to the speed data, crash history, and the roadway  geometry  applicable  to such school speed zone.   2.  No  photo  speed  violation  monitoring  system shall be used in a school speed zone 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 four  of  this  subdivision.  The city shall install signs giving notice that a photo speed violation monitoring system is in use to  be  mounted on  advance  warning  signs  notifying  motor  vehicle operators of such upcoming school speed zone and/or on speed limit signs applicable within such school speed zone, in conformance with standards established in the MUTCD.   3. 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 city 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.   4.  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 city 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.   5. (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 city shows that it 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  city  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  city  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  city  of  Buffalo  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 school speed zone in violation of  subdivision  (c) or  during  the  times  authorized  pursuant  to subdivision (a) of this section in violation of subdivision (b), (d),  (f)  or  (g)  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 school speed zone, 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),  (c),  (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.  "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;   2. "owner" shall have the meaning provided in article  two-B  of  this chapter;   3.  "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 school speed zone in violation of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred eighty  of  this  article  in  accordance  with  the  provisions of this section; and   4. "school speed zone"  shall  mean  a  distance  not  to  exceed  one thousand  three  hundred  twenty  feet  on  a  highway  passing a school building, entrance or exit of a school abutting on the highway.  (d) A certificate, sworn to or affirmed by a  technician  employed  by the  city  of  Buffalo, 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), (c), (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 in accordance with a schedule of fines and penalties to be promulgated by the parking violations bureau of the city of Buffalo. The liability of the owner pursuant to  this  section  shall not  exceed  fifty  dollars  for each violation; provided, however, that such parking violations bureau 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  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),  (c),  (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), (c), (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 city of Buffalo,  or  by  any other entity authorized by the city to prepare and mail such notice of liability.  (h) Adjudication of the liability imposed upon owners of this  section shall be by the city of Buffalo parking violations bureau.  (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), (c), (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  city of Buffalo parking violations bureau or by any other entity authorized by the  city  to  prepare  and  mail  such  notice  of liability.  (j)  Adjudication of the liability imposed upon owners of this section shall be by the city of Buffalo parking violations bureau.  (k)  1.  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), (c), (d), (f) or (g) of  section  eleven  hundred  eighty  of  this  article pursuant to this section, provided that:  (i) prior to the violation, the lessor has  filed  with  such  parking violations  bureau  in  accordance  with  the  provisions of section two hundred thirty-nine of this chapter; and  (ii)  within  thirty-seven  days  after  receiving  notice  from  such division  of  the  date and time of a liability, together with the other information contained in the original notice of  liability,  the  lessor submits  to  such division 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   such  division  pursuant  to  regulations  that  may  be promulgated for such purpose.   2. Failure to comply with subparagraph (ii) of paragraph one  of  this subdivision  shall render the owner liable for the penalty prescribed in this section.   3. Where the lessor complies with the provisions of paragraph  one  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 such violation pursuant to this section  and  shall  be  sent  a  notice  of  liability pursuant to subdivision (i) of this section.  (l)  1.  If the owner liable for a violation of subdivision (c) or (d) 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), (c), (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 of such operator operated such vehicle in violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty of this article.  (m)  Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of subdivision (c) or  (d) of section eleven hundred eighty of this article.  (n) If the city adopts a demonstration program pursuant to subdivision (a)  of this section it shall conduct a study and submit a report on the results of the use of photo  devices  to  the  governor,  the  temporary president  of  the  senate  and the speaker of the assembly. 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 school speed zones within the city, to the extent the  information  is  maintained  by  the department of motor vehicles of this state;    3.  the  aggregate  number,  type and severity of crashes, fatalities, injuries and property damage reported within school  speed  zones  where photo  speed  violation  monitoring systems were used, to the extent the information is maintained by the department of motor  vehicles  of  this state;   4.  the  number  of  violations recorded within all school speed zones within the city, in the aggregate on a daily, weekly and monthly basis;   5. the number of violations recorded within  each  school  speed  zone where  a  photo  speed  violation  monitoring  system  is  used,  in the aggregate on a daily, weekly and monthly basis;   6. the number of violations recorded within  all  school  speed  zones within the city 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  school  speed  zone 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;   10. the number of violations  adjudicated  and  the  results  of  such adjudications  including  breakdowns of dispositions made for violations recorded by such systems;   11. the total amount of revenue realized by  the  city  in  connection with the program;   12.  the expenses incurred by the city in connection with the program; and   13. the quality of the adjudication process and its results.  (o) It shall be a defense  to  any  prosecution  for  a  violation  of subdivision  (b),  (c), (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 September 6, 2024