2023 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;  provided,  however,  that
where  one  of the two highways joining one another at such intersection
is a state highway maintained by the state, such village may install and
operate such traffic-control signal photo violation-monitoring device in
a manner affecting traffic proceeding along such state highway  at  such
intersection  if it has obtained approval in writing from the department
of transportation, and the department of transportation may at any  time
rescind or modify such approval.
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 Repealed December 1, 2026