2023 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