2023 New York Laws › VAT - Vehicle and Traffic › Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions › Article 10 - Dimensions and Weights of Vehicles › 385-A - Owner Liability for Failure of Operator to Comply With Weight Restrictions on Interstate Route 278 in Kings County.

* §  385-a.  Owner  liability  for  failure of operator to comply with
weight restrictions on interstate route 278  in  Kings  county.  (a)  1.
Notwithstanding  any  other  provision  of  law, the city of New York is
hereby authorized to establish a weigh in motion  demonstration  program
on  interstate  route 278 in Kings county imposing monetary liability on
the owner of a vehicle for failure of an operator thereof to comply with
gross vehicle weight and/or axle weight restrictions on such portion  of
such  interstate in accordance with the provisions of this section. Such
demonstration program shall empower the city of New York to install  and
operate  up  to  sixteen weigh in motion violation monitoring systems at
any one time on interstate route 278 in Kings county. Such  systems  may
be  stationary  or  mobile  and  may  be  activated at locations on such
portion of such interstate as determined by the New York city department
of transportation. The New York state department of  transportation  may
enter  into  a  memorandum  of  understanding  with  the  New  York city
department of  transportation  for  the  purposes  of  coordinating  the
planning,  design,  installation,  construction  and maintenance of such
weigh in motion demonstration program. Such  memorandum  shall  address,
for  purposes of such demonstration program, the use of systems, devices
and other facilities owned and operated by the state.
2. No weigh in motion violation monitoring system shall be used unless
(i) on the day it is to be used it has undergone  a  self-test  for  the
operation  of  such  system;  and  (ii)  it  has undergone a semi-annual
calibration  check  performed  pursuant  to  paragraph  three  of   this
subdivision.  A result of the daily self-test for each such system shall
include the date and time that the self-test was successfully performed.
The city of New York shall retain each such daily  self-test  until  the
later  of  the  date  on  which  the  weigh in motion 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, and information and
data generated in conjunction therewith, produced by such system.
3. Each weigh in motion violation monitoring system  shall  undergo  a
calibration  check  every  six  months in accordance with specifications
prescribed pursuant to a memorandum of agreement between  the  New  York
city  department  of transportation and the New York state department of
agriculture and markets, or in accordance with an  applicable  reference
standard   as   determined   by   the   New   York  city  department  of
transportation.  Such  calibration  check  shall  be  performed  by   an
independent   calibration   laboratory   which   shall  issue  a  signed
certificate of calibration on its letterhead to the city  of  New  York.
Nothing  contained  in  this  paragraph  shall  be deemed to require the
signature of a notary public on such certificate. The city shall  retain
each  such  bi-annual certificate of calibration on file until the final
resolution of all cases involving notices  of  liability  issued  during
such   six-month   time   period   which   were  based  on  photographs,
microphotographs, video or other recorded images,  and  information  and
data  generated  in  conjunction  therewith,  produced  by such weigh in
motion violation monitoring system.
4. The New York city department of transportation  shall  establish  a
range,  according  to the manufacturer's standards and its monitoring of
the system, for evaluating information and data  collected  from  sensor
readings  of each weigh in motion violation monitoring system. Each such
system  shall  be  set  to  automatically  alert  such   department   of
significant   variations   from   the   established   range   during   a
twenty-four-hour period. After such  an  alert,  such  system  shall  be
inspected  and  any necessary adjustments shall be made. Such department
shall keep a log of the details of all alerts, including  the  date  and

time  of  such alert, the amount of variation from the established range
in such alert, the adjustments made or actions taken as a result of  the
subsequent  inspection,  and  the  date  and  time  of  such inspection,
adjustments or actions.
5.  Weigh  in  motion  violation monitoring systems used in accordance
with the weigh in motion demonstration program  authorized  pursuant  to
this section shall be operated only on interstate route 278 within Kings
county.
6.  (i)  No  photograph,  microphotograph, videotape or other recorded
image, nor any information and data generated in conjunction  therewith,
shall  be  used for any purpose other than as specified in this section,
except as may be otherwise provided by this paragraph.
(ii) Such demonstration program shall utilize  necessary  technologies
to    ensure,    to    the   extent   practicable,   that   photographs,
microphotographs, videotape or other recorded images  produced  by  such
weigh  in  motion  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.
(iii) Photographs, microphotographs, videotape or any  other  recorded
image,  and any information and data generated in conjunction therewith,
produced by a weigh in motion 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 as required by the New
York city department of transportation to study the impact of overweight
vehicles on interstate route 278 in Kings county and management of  such
infrastructure,  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 and information and
data  generated  in  conjunction therewith 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,  and  information  and  data  generated  in conjunction
therewith, from a weigh in motion 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,  and
information and data  generated  in  conjunction  therewith,  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,  information  and
data  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.
(iv)  The  city  of  New  York shall install signs in advance of entry
points to  interstate  route  278  in  Kings  county  giving  notice  to
approaching  motor  vehicle  operators  that  weigh  in motion violation
monitoring  systems  are  in  use  to  enforce  motor   vehicle   weight
restrictions.
(v)  The  city  of  New  York shall use oversight procedures to ensure
compliance with the aforementioned privacy protection measures.
(b) If the city  of  New  York  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, on interstate route 278 in  Kings  county  in  violation  of
section  three  hundred eighty-five of this article and the rules of the
department of transportation of the city of  New  York  in  relation  to
gross  vehicle  weight  and/or  axle  weight,  where  such  vehicle  was
traveling ten percent above the gross vehicle weight or  twenty  percent
above  the  axle weight at the time of such violation as indicated by at
least two independently detected gross vehicle weight and/or axle weight
measurements obtained by a weigh in motion violation monitoring  system,
and  such violation is evidenced by information obtained from a weigh in
motion 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 section three hundred eighty-five of this article  and  the
rules  of  the  department  of transportation of the city of New York in
relation to gross vehicle weight and/or axle weight;  or  operated  such
vehicle  in  accordance  with the terms and conditions of any overweight
permit issued  in  accordance  with  this  chapter  and  any  rules  and
regulations promulgated thereto. Where a vehicle is in violation of both
gross  vehicle  weight  restrictions  and  axle weight restrictions, the
owner shall be liable for a separate penalty for each such violation.
(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. "weigh in motion violation monitoring system" shall  mean  sensors,
capable  of operating independently of an enforcement officer, installed
to work in conjunction with other devices  to  capture  and  record  the
gross  vehicle  weight  and  the  axle  weight of a motor vehicle, which
produce at least two independently detected gross vehicle weight  and/or
axle   weight   measurements  and  automatically  produce  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  section  three  hundred eighty-five of this article and the rules of
the department of transportation of the city of New York in relation  to
gross  vehicle  weight  and/or  axle  weight,  in  accordance  with  the
provisions of this section; and
4.  "weigh  in  motion   demonstration   program"   shall   mean   the
demonstration   program   authorized   by  this  section  that  operates
exclusively on interstate route 278 in Kings county.
5. "interstate route 278 in Kings county" shall mean that  portion  of
interstate  route  278 specifically from the vicinity of Atlantic avenue
to the vicinity of Sands street in Kings county, state of New York.
6. "Rules of the department of transportation of the city of New York"
shall mean rules and regulations of the  New  York  city  department  of
transportation  adopted pursuant to section sixteen hundred forty-two of
this chapter.
(d) A certificate, sworn to or affirmed by a  technician  employed  by
the  city  of New York, or a facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded  images,  and
information  and  data generated in conjunction therewith, produced by a
weigh in motion  violation  monitoring  system,  shall  be  prima  facie
evidence  of  the  facts  contained  therein.  Nothing contained in this
subdivision shall be deemed to require the signature of a notary  public
on  such  certificate.  Any  photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall include an image
of the motor vehicle alleged to be in violation and the information  and
data  generated  in  conjunction  therewith  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  section  three  hundred
eighty-five  of  this  article  and  the  rules  of  the  department  of
transportation  of  the  city  of New York pursuant to a weigh in motion
demonstration program established pursuant  to  this  section  shall  be
liable  for  monetary penalties in accordance with separate schedules of
fines and penalties to be promulgated by the parking  violations  bureau
of  the  city  of  New  York  for  a  violation of section three hundred
eighty-five  of  this  article  and  the  rules  of  the  department  of
transportation  of  the  city  of  New York in relation to gross vehicle
weight and/or axle weight. The liability of the owner pursuant  to  this
section  shall  not  exceed  one  thousand  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 weigh in motion 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 section three
hundred  eighty-five  of this article and the rules of the department of
transportation of the city of New York  in  relation  to  gross  vehicle
weight  and/or  axle  weight  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 section three
hundred  eighty-five  of this article and the rules of the department of
transportation of the city of New York  in  relation  to  gross  vehicle
weight  and/or  axle  weight pursuant to this section, the United States
department of transportation number of  the  vehicle  involved  in  such
violation,  the  registration  number  of  the  vehicle involved in such
violation, the gross vehicle weight and/or  axle  weight  measured,  the
location  where  such  violation  took  place, the date and time of such
violation, the identification number of the weigh  in  motion  violation
monitoring system which recorded the violation or other document locator
number,  one  or more date and time stamped images identifying the motor
vehicle and the information and data evidencing the  alleged  violation,
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 they 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
New  York,  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 New York city 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 section three hundred eighty-five  of  this
article and the rules of the department of transportation of the city of
New York in relation to gross vehicle weight and/or axle weight 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 New York city parking violations bureau.
(j)  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 section three hundred eighty-five of
this article and the rules of the department of  transportation  of  the

city  of New York in relation to gross vehicle weight and/or axle weight
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 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
such  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 such
bureau 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 (g) of this section.
(k)  1.  If  the owner liable for a violation of section three hundred
eighty-five  of  this  article  and  the  rules  of  the  department  of
transportation  of  the  city  of  New York in relation to gross vehicle
weight and/or axle weight 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  section  three  hundred  eighty-five of this
article and the rules of the department of transportation of the city of
New York in relation to gross vehicle weight  and/or  axle  weight.  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 section three hundred eighty-five of this article and  the  rules  of
the  department of transportation of the city of New York in relation to
gross vehicle weight and/or axle weight.
(l) Nothing in this section shall be construed to limit the  liability
of  an  operator of a vehicle for any violation of section three hundred
eighty-five  of  this  article  and  the  rules  of  the  department  of
transportation  of  the  city  of  New York in relation to gross vehicle
weight and/or axle weight.
(m) If the city adopts a demonstration program pursuant to subdivision
(a) of this section it shall conduct a study and submit an annual report
on the results of the  use  of  weigh  in  motion  violation  monitoring
systems  to  the governor, the temporary president of the senate and the
speaker of the assembly on or before June first, two thousand twenty-two
and on the same date in each succeeding year in which the  demonstration
program is operable. Such city shall also post such annual report on the
New  York  city  department of transportation website. Such report shall
include:
1. the locations where  and  dates  when  weigh  in  motion  violation
monitoring systems were used;
2.  the  total  number  of  trucks  weighed  and  the  total number of
violations recorded by weigh in motion violation monitoring  systems  in
accordance  with  this  section  in the aggregate on a daily, weekly and
monthly basis;
3.  the  total  number  of  violations  recorded  by  weigh  in motion
violation monitoring systems that were  either  ten  percent  above  the
gross vehicle weight or twenty percent above the axle weight;
4.  the  total  number  of  notices of liability issued for violations
recorded by such weigh in motion systems;
5. the number of fines and total amount of fines paid after the  first
notice  of  liability  issued for violations recorded by weigh in motion
systems;
6. the number of  violations  adjudicated  and  the  results  of  such
adjudications  including  breakdowns of dispositions made for violations
recorded by weigh in motion systems;
7. the total amount of revenue realized by the city  of  New  York  in
connection with the program;
8.  the  expenses  incurred by the city of New York in connection with
the program;
9. the quality of the adjudication process and its results; and
10. the total capital amount spent  on  repair  or  reconstruction  of
interstate  route 278 in Kings county and the total capital amount spent
on repair or reconstruction of interstate route  278  specifically  from
the vicinity of Atlantic avenue to the vicinity of Sands street in Kings
county.
(n)  It  shall  be  a  defense  to  any prosecution for a violation of
section three hundred eighty-five of this article and the rules  of  the
department  of  transportation  of  the  city of New York in relation to
gross vehicle weight and/or axle weight pursuant to  this  section  that
such  weigh  in motion violation monitoring system was malfunctioning at
the time of the alleged violation.
* NB Repealed December 1, 2025