2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 24 - Traffic Signs, Signals and Markings › 1111-G*2 - Owner Liability for Failure of Operator to Comply With Traffic-Control Indications.

* §  1111-g.  Owner  liability  for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other  provision
of  law, the county of Westchester 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  county  in accordance with the provisions of this
section. Such demonstration program shall empower such county to install
and operate traffic-control signal photo violation-monitoring devices at
no more than fifty intersections within and under  the  jurisdiction  of
such county 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  county  has  made a reasonable effort to
comply with the provisions of this paragraph.
(b) In any such county 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
Westchester county  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 Westchester
county or by any other entity authorized by such county 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 where the violation
occurred 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 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
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 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)  When a county has established a demonstration program pursuant to
this section, all fines and penalties collected under such program shall
be distributed  in  accordance  with  subdivision  thirteen  of  section
eighteen hundred three of this chapter.
(n)  Any  county  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 twenty-four 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;
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;
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  disposition   made   for
violations  recorded  by  such  systems which shall be provided at least
annually to such county by the respective courts and bureaus  conducting
such adjudications;
8.  the  total  amount  of  revenue  realized by such county from such
adjudications including a breakdown of revenue realized by  such  county
for  each  year  since  deployment  of  its traffic-control signal photo
violation-monitoring system;
9.  expenses  incurred  by such county in connection with the program;
and
10. quality of the adjudication process and its results which shall be
provided at least annually to such county by the respective  courts  and
bureaus conducting such adjudications.
(o)  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 There are 2 § 1111-g's
* NB Repealed December 1, 2027