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

* §  1180-b.  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 New York 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 such city 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 when other speed
limits  are in effect as provided in subdivision (b), (d), (f) or (g) of
section eleven  hundred  eighty  of  this  article.  Such  demonstration
program  shall  empower  the  city  of  New  York to install photo speed
violation monitoring systems within no more  than  seven  hundred  fifty
school  speed zones within such city at any one time and to operate such
systems within such zones 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 when other speed limits are in  effect
as  provided  in  subdivision  (b),  (d),  (f)  or (g) of section eleven
hundred eighty of this article. In selecting  a  school  speed  zone  in
which  to install and operate a photo speed violation monitoring system,
the city of New York shall consider criteria including, but not  limited
to,  the  speed data, crash history, and the roadway geometry applicable
to such school speed zone. Such city shall prioritize the  placement  of
photo  speed  violation  monitoring  systems in school speed zones based
upon speed data or the crash history of a school  speed  zone.  A  photo
speed  violation monitoring system shall not be installed or operated on
a controlled-access highway exit ramp or within three hundred feet along
a highway that continues from the end  of  a  controlled-access  highway
exit ramp.
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 bearing the words
"photo  enforced"  below  speed  limit  signs  giving  written notice to
approaching  motor  vehicle  operators  that  a  photo  speed  violation
monitoring  system  is in use, in conformance with standards established
in the MUTCD, and shall modify existing signage to reflect such  written
notice in the regular course of maintenance.
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  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,  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 radial distance not to exceed one
thousand three hundred twenty feet from a school building, entrance,  or
exit.
(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
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  New  York. 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
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 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 New York city 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 New York city 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 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 (a)  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  (a)  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 nine 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 an annual 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 on  or
before  June  first,  two  thousand  twenty and on the same date in each
succeeding year in which the demonstration  program  is  operable.  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;
13. the quality of the adjudication process and its results;
14.  the  total  amount  of revenue expended on traffic and pedestrian
safety within the city of New York; and
15. the effectiveness and adequacy of the hours of operation for  such
program to determine the impact on speeding violations and prevention of
crashes.
(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 July 1, 2025