2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 30 - Speed Restrictions › 1180-E - Owner Liability for Failure of Operator to Comply With Certain Posted Maximum Speed Limits.

* §  1180-e.  Owner  liability  for failure of operator to comply with
certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
provision   of   law,  the  commissioner  of  transportation  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 highway construction  or
maintenance  work  area  located on a controlled-access highway (i) when
highway construction or maintenance work is occurring and  a  work  area
speed limit is in effect as provided in paragraph two of subdivision (d)
or  subdivision  (f) of section eleven hundred eighty of this article or
(ii) when highway construction or  maintenance  work  is  occurring  and
other  speed  limits are in effect as provided in subdivision (b) or (g)
or paragraph one of subdivision (d) of section eleven hundred eighty  of
this  article. Such demonstration program shall empower the commissioner
to install photo speed violation monitoring systems within no more  than
twenty  highway  construction  or  maintenance  work  areas  located  on
controlled-access highways and to operate such systems within such  work
areas  (iii)  when highway construction or maintenance work is occurring
and a work area speed limit is in effect as provided in paragraph two of
subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
this  article  or  (iv) when highway construction or maintenance work is
occurring  and  other  speed  limits  are  in  effect  as  provided   in
subdivision  (b)  or  (g) or paragraph one of subdivision (d) of section
eleven hundred eighty of this article. The commissioner, in consultation
with the superintendent of the division of state police, shall determine
the location of the  highway  construction  or  maintenance  work  areas
located  on  a controlled-access highway in which to install and operate
photo  speed  violation  monitoring  systems.  In  selecting  a  highway
construction  or maintenance work area in which to install and operate a
photo speed violation monitoring system, the commissioner shall consider
criteria including, but not limited to, the speed data,  crash  history,
and   roadway  geometry  applicable  to  such  highway  construction  or
maintenance work area. A photo speed violation monitoring  system  shall
not be installed or operated on a controlled-access highway exit ramp.
2.  Notwithstanding any other provision of law, after holding a public
hearing in accordance  with  the  public  officers  law  and  subsequent
approval  of  the establishment of a demonstration program in accordance
with this section by a majority of the members of the  entire  board  of
the  thruway  authority,  the  chair  of the thruway authority 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 highway construction  or
maintenance   work   area  located  on  the  thruway  (i)  when  highway
construction or maintenance work is occurring  and  a  work  area  speed
limit  is  in  effect as provided in paragraph two of subdivision (d) or
subdivision (f) of section eleven hundred eighty of this article or (ii)
when highway construction or maintenance work  is  occurring  and  other
speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
this  article.  Such  demonstration  program  shall empower the chair to
install photo speed violation monitoring systems within no more than ten
highway construction or maintenance work areas located  on  the  thruway
and  to  operate  such systems within such work areas (iii) when highway
construction or maintenance work is occurring  and  a  work  area  speed
limit  is  in  effect as provided in paragraph two of subdivision (d) or
subdivision (f) of section eleven hundred eighty of this article or (iv)
when highway construction or maintenance work  is  occurring  and  other
speed  limits  are  in  effect  as provided in subdivision (b) or (g) or

paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
this  article. The chair, in consultation with the superintendent of the
division of state police, shall determine the location  of  the  highway
construction  or  maintenance work areas located on the thruway in which
to install and operate photo  speed  violation  monitoring  systems.  In
selecting  a  highway  construction or maintenance work area in which to
install and operate a photo speed violation monitoring system, the chair
shall consider criteria including, but not limited to, the  speed  data,
crash   history,   and  roadway  geometry  applicable  to  such  highway
construction  or  maintenance  work  area.  A  photo   speed   violation
monitoring  system  shall not be installed or operated on a thruway exit
ramp.
3. No photo speed violation monitoring  system  shall  be  used  in  a
highway  construction  or maintenance work area 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  five  of  this subdivision. The commissioner or chair, as
applicable, shall  install  signs  giving  notice  that  a  photo  speed
violation  monitoring  system  is  in use, in conformance with standards
established in the MUTCD.
4. 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 commissioner or the chair, as
applicable, 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.
5.  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
commissioner or the chair, as applicable, 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.
6. (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 commissioner or the chair, as applicable, shows that
they 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 commissioner or the chair, as applicable, 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 commissioner  or  chair,  as
applicable,  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 commissioner or chair 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  highway  construction  or maintenance work area
located on a controlled-access highway or on the thruway in violation of
paragraph two of subdivision (d) or subdivision (f), or when other speed
limits are in effect in violation of subdivision (b) or (g) or paragraph

one of subdivision  (d),  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  highway
construction  or  maintenance work area, 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), (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.  "chair"  shall  mean  the  chair  of  the  New  York state thruway
authority;
2. "commissioner" shall mean the commissioner of transportation;
3. "controlled-access highway" shall mean a controlled-access  highway
as  defined  by  section  one  hundred  nine  of  this chapter under the
commissioner's jurisdiction which has been  functionally  classified  by
the  department  of transportation as principal arterial - interstate or
principal arterial - other  freeway/expressway  on  official  functional
classification  maps  approved  by  the  federal  highway administration
pursuant to part 470.105 of title 23 of the code of federal regulations,
as amended from time to time;
4. "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;
5.  "owner"  shall  have the meaning provided in article two-B of this
chapter;
6. "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  highway  construction  or
maintenance  work  area located on a controlled-access highway or on the
thruway in violation of subdivision (b), (d),  (f)  or  (g)  of  section
eleven  hundred eighty of this article in accordance with the provisions
of this section;
7.  "thruway  authority"  shall  mean  the  New  York  state   thruway
authority,   a   body   corporate  and  politic  constituting  a  public
corporation created and constituted pursuant to title  nine  of  article
two of the public authorities law; and
8.  "thruway"  shall  mean  generally  a  divided  highway  under  the
jurisdiction of the thruway authority  for  mixed  traffic  with  access
limited  as  the  authority  may  determine  and  generally  with  grade
separations at intersections.
(d) A certificate, sworn to or affirmed by a  technician  employed  by
the  commissioner  or chair as applicable, 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),  (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 not to exceed fifty dollars for a first
violation, seventy-five dollars for a second  violation  both  of  which
were  committed  within  a  period  of  eighteen months, and one hundred
dollars for a third or subsequent violation all of which were  committed
within   a  period  of  eighteen  months;  provided,  however,  that  an
additional penalty  not  in  excess  of  twenty-five  dollars  for  each
violation  may  be  imposed  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), (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),  (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
commissioner or chair as applicable, or by any other  entity  authorized
by  the  commissioner  or  chair  to  prepare  and  mail  such notice of
liability.
(h) Adjudication of the liability imposed upon owners of this  section
shall  be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law where  the  violation
occurred  or,  if  there  be none, by the court having jurisdiction over
traffic infractions where the violation occurred, except that if a  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 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), (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 traffic
violations bureau,  court  having  jurisdiction  or  parking  violations
bureau.
(j)  1.  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 (b), (d),
(f) or (g) of section eleven hundred eighty of this article pursuant  to
this  section,  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 (b), (d), (f) or
(g) of section eleven hundred eighty 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 (b), (d), (f) or (g) of
section eleven hundred eighty 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 (b), (d),
(f) or (g) 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), (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 such
operator operated such vehicle in violation of subdivision (b), (d), (f)
or (g) of section eleven hundred eighty of this article.
(l) Nothing in this section shall be construed to limit the  liability
of  an  operator of a vehicle for any violation of subdivision (b), (d),
(f) or (g) of section eleven hundred eighty of this article.
(m) If the  commissioner  or  chair  adopts  a  demonstration  program
pursuant  to  subdivision (a) of this section the commissioner or chair,
as applicable, shall conduct a study and submit a report  on  or  before
May first, two thousand twenty-four and a report on or before May first,
two  thousand  twenty-six  on the results of the use of photo devices to
the governor, the temporary president of the senate and the  speaker  of
the  assembly.  The  commissioner  or chair shall also make such reports
available on  their  public-facing  websites,  provided  that  they  may
provide  aggregate  data  from  paragraph one of this subdivision if the
commissioner or chair finds that publishing specific location data would
jeopardize public safety. 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 highway construction or
maintenance  work areas on controlled-access highways or on the thruway,
to the extent the information is maintained by the  commissioner,  chair
or the department of motor vehicles of this state;
3.  the  aggregate  number,  type and severity of crashes, fatalities,
injuries and property damage reported  within  highway  construction  or
maintenance  work  areas  where photo speed violation monitoring systems
were  used,  to  the  extent  the  information  is  maintained  by   the
commissioner, chair or the department of motor vehicles of this state;
4.  the  number of violations recorded within all highway construction
or maintenance work  areas  on  controlled-access  highways  or  on  the
thruway,  in  the  aggregate on a daily, weekly and monthly basis to the
extent the information is maintained by the commissioner, chair  or  the
department of motor vehicles of this state;
5.  the number of violations recorded within each highway construction
or maintenance work area where a photo speed violation monitoring system
is used, in the aggregate on a daily, weekly and monthly basis;
6. to the extent the information is maintained  by  the  commissioner,
chair  or  the department of motor vehicles of this state, the number of
violations recorded within all highway construction or maintenance  work
areas on controlled-access highways or on the thruway 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 highway  construction
or maintenance work area 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,  to
the  extent  the information is maintained by the commissioner, chair or
the department of motor vehicles of this state;
10. the number of violations  adjudicated  and  the  results  of  such
adjudications  including  breakdowns of dispositions made for violations
recorded by such systems, to the extent the information is maintained by
the commissioner, chair or the department  of  motor  vehicles  of  this
state;
11.  the  total  amount  of  revenue  realized by the state or thruway
authority in connection with the program;
12. the expenses incurred by the state or  the  thruway  authority  in
connection with the program;
13. an itemized list of expenditures made by the state and the thruway
authority  on  work  zone  safety projects undertaken in accordance with
subdivisions eleven and twelve of section eighteen hundred three of this
chapter; and
14. the quality of the adjudication process and its  results,  to  the
extent  the  information is maintained by the commissioner, chair or the
department of motor vehicles of this state.
(n) It shall be a defense  to  any  prosecution  for  a  violation  of
subdivision  (b),  (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 October 6, 2026