2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 29 - Special Stops Required › 1174-A - Owner Liability for Failure of Operator to Stop for a School Bus Displaying a Red Visual Signal and Stop-Arm.

* §  1174-a.  Owner  liability  for  failure of operator to stop for a
school  bus  displaying  a  red  visual  signal  and  stop-arm.  (a)  1.
Notwithstanding  any  other  provision  of  law, a county, city, town or
village  located  within  a  school  district  ("district")  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
subdivision (a) of section eleven hundred seventy-four of  this  article
when   meeting   a  school  bus  marked  and  equipped  as  provided  in
subdivisions  twenty  and  twenty-one-c   of   section   three   hundred
seventy-five  of this chapter and operated in such county, city, town or
village, in  accordance  with  the  provisions  of  this  section.  Such
demonstration  program  shall empower such county, city, town or village
to install and operate school bus  photo  violation  monitoring  systems
which  may be stationary or mobile, and which may be installed, pursuant
to an agreement with a school district within such county, city, town or
village, on school buses owned and operated by such school  district  or
privately  owned  and operated for compensation under contract with such
district. Provided, however, that (a) no  stationary  school  bus  photo
violation  monitoring system shall be installed or operated by a county,
city, town or village except on roadways under the jurisdiction of  such
county,  city,  town  or  village,  and  (b)  no mobile school bus photo
violation monitoring system shall be installed or operated on  any  such
school buses unless such county, city, town or village and such district
enter into an agreement for such installation and operation.
1-a.  Any  county,  city,  town  or  village,  located within a school
district, that has adopted a local law or  ordinance  pursuant  to  this
section  establishing  a demonstration program imposing liability on the
owner of a  vehicle  for  failure  of  an  operator  thereof  to  comply
withsubdivision  (a)  of  section  eleven  hundred  seventy-four of this
article when meeting a school bus marked and  equipped  as  provided  in
subdivisions   twenty   and   twenty-one-c   of  section  three  hundred
seventy-five of this chapter and operated in such county, city, town  or
village  may enter into an agreement with the applicable school district
for the installation, maintenance and use of school bus photo  violation
monitoring  systems on school buses pursuant to this section and section
twenty-two of the chapter of the laws of  two  thousand  nineteen  which
added  this section, for the proper handling and custody of photographs,
microphotographs, videotapes, other recorded images and data produced by
such  systems,   and   for   the   forwarding   of   such   photographs,
microphotographs,  videotapes,  other  recorded  images  and data to the
applicable county, city, town or village.  Any  agreement  entered  into
hereunder  shall be approved by each participating county, city, town or
village by a majority vote of the voting strength of its governing  body
and  by  resolution  of the district pursuant to section sixteen hundred
four, section seventeen hundred nine, section twenty-five hundred three,
section twenty-five hundred fifty-four or  section  twenty-five  hundred
ninety-h  of  the  education law, as applicable. Provided, however, that
where a district has entered an agreement as provided hereunder  with  a
county,  no  cities,  towns or villages within the same county may enter
into, or be a party to, any agreement with  such  district  pursuant  to
this  section.  Provided further, however, that no county shall enter an
agreement with any city school district wholly contained within a  city.
Nothing  in  this  section shall be construed to prevent a county, city,
town, village or district at any time to withdraw from or  terminate  an
agreement  entered  pursuant  to  this section and section twenty-two of
chapter one hundred forty-five of the  laws  of  two  thousand  nineteen
which added this section.
1-b.  The  total cost to the district of the installation, maintenance
and use of school bus photo violation  monitoring  systems  pursuant  to
this  section  shall  be  borne  entirely  by  the county, city, town or
village within the district which is a party to such  agreement.  On  or
before  September  first  of each year, the district shall determine and
certify to each county, city, town or village with which it has  entered
into  an  agreement  pursuant  to  this  section  the  total cost to the
district for the school year ending  the  preceding  June  thirtieth  of
installing,  maintaining and using such systems within each such county,
city, town or village, respectively, for the proper handling and custody
of photographs, microphotographs, videotapes, other recorded images  and
data   produced  by  such  systems,  and  for  the  forwarding  of  such
photographs, microphotographs, videotapes,  other  recorded  images  and
data  to  the applicable county, city, town or village. On or before the
following December first of each year, each such county, city,  town  or
village  shall  pay  to  the district such cost so certified to it on or
before the preceding September first. Not later than twenty  days  after
each  such  payment  is submitted or is due, whichever occurs first, the
district shall submit to the director of the budget and the chairpersons
of the fiscal committees of the  legislature  a  report  for  each  such
county,  city, town and village showing the amount of costs so certified
and the amount of payments so received or due. If a county,  city,  town
or  village  fails  to  make the payment required to the district by the
twentieth day after the date such payment  was  due,  (i)  the  district
shall  notify  the  director  of  the budget and the chairpersons of the
fiscal  committees  of  the  legislature  of  such   occurrence   within
twenty-four  hours of such day; and (ii) the demonstration program shall
be suspended within such county, city, town, or village until such  time
as such county, city, town, or village makes the payment required to the
district.  The  district shall notify the director of the budget and the
chairpersons of the fiscal committees of the legislature of such payment
within seven business days of its receipt. Provided, however,  that  any
notice of liability issued prior to such date shall not be voided.
2.  Any  image  or  images  captured  by  school  bus  photo violation
monitoring systems shall be inadmissible in any disciplinary  proceeding
convened  by  any  school district or any school bus contractor thereof,
and any proceeding  initiated  by  the  department  involving  licensure
privileges  of  school  bus  operators.  Any  school bus photo violation
monitoring device mounted on a school bus shall  be  directed  outwardly
from such school bus to capture images of vehicles operated in violation
of  subdivision  (a)  of  section  eleven  hundred  seventy-four of this
article, and images produced by such device shall not be  used  for  any
other purpose.
3.  (i)  Any  participating  school  district shall be prohibited from
accessing any photographs, microphotographs, videotapes, other  recorded
images  or  data  from school bus photo violation monitoring systems but
shall provide, pursuant to an agreement with a  county,  city,  town  or
village as provided in this section, for the proper handling and custody
of such photographs, microphotographs, videotapes, other recorded images
and  data  produced  by  such  systems,  and  for the forwarding of such
photographs, microphotographs, videotapes,  other  recorded  images  and
data  to the applicable county, city, town or village for the purpose of
determining whether  a  motor  vehicle  was  operated  in  violation  of
subdivision (a) of section eleven hundred seventy-four of this title and
imposing monetary liability on the owner of such motor vehicle therefor.
(ii)  Photographs, microphotographs, videotapes, other recorded images
and data produced by school bus photo violation monitoring systems shall
be destroyed (A) ninety days after the date of the alleged imposition of

liability if a notice of  liability  is  not  issued  for  such  alleged
imposition  of  liability  pursuant  to  this  section or (B) upon final
disposition of a notice of liability issued pursuant to this section.
4.  A  county,  city,  town  or  village  establishing a demonstration
program pursuant to this section shall adopt  and  enforce  measures  to
protect  the  privacy  of  drivers, passengers, pedestrians and cyclists
whose identity and identifying information may be captured by  a  school
bus photo violation monitoring device. Such measures shall include:
(i)  utilization  of  necessary  technologies to ensure, to the extent
practicable,  that  photographs  produced  by  such  school  bus   photo
violation  monitoring systems shall not include images that identify the
driver, the passengers, the contents of  the  vehicle,  pedestrians  and
cyclists. 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, city, town or village has made a reasonable
effort to comply with the provisions of this paragraph;
(ii) a prohibition on the use or dissemination  of  vehicles'  license
plate  information  and  other information and images captured by school
bus photo violation  monitoring  systems  except:  (A)  as  required  to
establish  liability under this section or collect payment of penalties;
(B) as required by court order; or (C) as otherwise required by law;
(iii) the  installation  of  signage  in  conformance  with  standards
established  in the MUTCD at each roadway entrance of the jurisdictional
boundaries of such county, city, town  or  village  giving  notice  that
school  bus  photo  violation  monitoring  systems  are  used to enforce
restrictions on vehicles violating subdivision  (a)  of  section  eleven
hundred   seventy-four  of  this  article.  For  the  purposes  of  this
paragraph, the term "roadway" shall not include state expressway  routes
or  state  interstate routes but shall include controlled-access highway
exit ramps that enter the jurisdictional boundaries of a  county,  city,
town or village; and
(iv) oversight procedures to ensure compliance with the aforementioned
privacy protection measures.
(b)  In  any  such  county,  city, town or village 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  (a)  of
section  eleven hundred seventy-four of this article, and such violation
is evidenced by information obtained from a school bus  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 (a) of section eleven hundred seventy-four of this article.
(c)  For  purposes of this section, the following terms shall have the
following meanings: "county" shall have the meaning provided in  section
three  of  the  county  law, except that such term shall not include any
county wholly contained  within  a  city;  "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;  "owner"  shall  have the meaning provided in
article  two-B  of  this  chapter;  and  "school  bus  photo   violation
monitoring  system"  shall  mean  a  device that is capable of operating
independently of an enforcement officer which is installed  to  work  in
conjunction  with a school bus stop-arm and which automatically produces
two or more photographs, two or more microphotographs,  a  videotape  or

other recorded images of a vehicle at the time it is used or operated in
violation  of  subdivision (a) of section eleven hundred seventy-four of
this article.
(d)  A  certificate,  sworn to or affirmed by a technician employed by
the county, city,  town  or  village  in  which  the  charged  violation
occurred,  or a facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or  other  recorded  images  produced  by  a
school  bus  photo  violation  monitoring system, and other documents or
declarations  pertaining   to   inspections   by   the   department   of
transportation,  shall  be  prima  facie evidence of the facts contained
therein. Such certificate, or a facsimile  thereof,  shall  provide  the
identification  number  of  the  school  bus  photo violation monitoring
system which recorded the violation, a statement confirming that at  the
time  such  violation  was  recorded  by such school bus photo violation
monitoring system, such school bus photo violation monitoring system was
installed  on  a  school  bus  marked  and  equipped  as   provided   in
subdivisions   twenty   and   twenty-one-c   of  section  three  hundred
seventy-five of this chapter as evidenced  by  a  valid  certificate  of
inspection issued to such school bus by the department of transportation
pursuant  to section one hundred forty of the transportation law and the
safety  rules  and   regulations   promulgated   thereunder,   and   the
registration  number  of  the  school bus to which such school bus photo
violation   monitoring   system   was   attached.    Any    photographs,
microphotographs,  videotape  or other recorded images evidencing such a
violation shall include a recorded image of the  outside  of  the  motor
vehicle  involved  in  such  violation,  the registration number of such
vehicle, at least one activated school bus stop-arm, and  an  electronic
indicator  or  indicators  showing  the  activation  of the flashing red
signal lamps of the school bus to which the school bus  photo  violation
monitoring   system   producing   such   photographs,  microphotographs,
videotape or other recorded  images  was  installed  at  the  time  such
violation  occurred,  and  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. Where recorded
images from a school bus photo violation monitoring system attached to a
school  bus,  as  certified  pursuant  to  this  subdivision,  show  the
activation  of  at  least  one  school  bus  stop-arm  and an electronic
indicator or indicators as required pursuant to this subdivision,  there
shall  be  a rebuttable presumption that such school bus was stopped for
the purpose of receiving or discharging  any  passengers  or  because  a
school  bus  in  front  of  it  had  stopped to receive or discharge any
passengers. A certificate, sworn to or affirmed by a technician employed
by the county, city, town or village  in  which  the  charged  violation
occurred,  or  a facsimile thereof, after reviewing evidence that on the
day  the  charged  violation  occurred  such  school  bus  had  a  valid
certificate  of  inspection  issued  by the department of transportation
pursuant to section one hundred forty of the transportation law and  the
safety  rules  and  regulations  promulgated  thereunder, shall be prima
facie evidence that such school bus was marked and equipped as  provided
in  subdivisions  twenty  and  twenty-one-c  of  section  three  hundred
seventy-five of this chapter and the flashing red signal  lamp  of  such
school bus was in operation at the time the violation occurred.
(e)  An  owner  liable  for  a violation of subdivision (a) of section
eleven hundred seventy-four 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, except that if a city by local law
has authorized the adjudication of such owner  liability  by  a  parking

violations  bureau,  such  schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall be two hundred
fifty dollars for a first violation, two  hundred  seventy-five  dollars
for  a  second violation both of which were committed within a period of
eighteen months, and three hundred dollars for  a  third  or  subsequent
violation  all  of  which  were  committed  within  a period of eighteen
months; 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
(a) of section eleven hundred seventy-four 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
(a) of section eleven hundred seventy-four 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 school bus
photo violation monitoring system which recorded the violation or  other
document  locator  number, and the registration number of the school bus
on which the school bus photo violation monitoring system which recorded
the violation was installed.
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 the county,
city,  town  or village in which the violation occurred, or by any other
entity authorized by such county, city, town or village 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 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 was reported to the
police as having been  stolen,  it  shall  be  a  valid  defense  to  an
allegation  of  liability  for a violation of subdivision (a) of section
eleven hundred seventy-four 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  traffic  violations  bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such county, city, town or village 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 (a)  of  section  eleven  hundred  seventy-four  of  this
article,  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 (a) of section eleven hundred
seventy-four 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  (a)  of  section  eleven
hundred seventy-four 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  (a)  of
section  eleven  hundred  seventy-four  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
comply with subdivision (a) of section eleven  hundred  seventy-four  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 failed to comply
with  subdivision  (a)  of  section  eleven hundred seventy-four 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 (a) of
section eleven hundred seventy-four of this article.
(m) In  any  such  county,  city,  town  or  village  which  adopts  a
demonstration  program pursuant to subdivision (a) of this section, such
county, city, town or village shall  submit  an  annual  report  on  the
results  of the use of a school bus 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 nineteen 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.  the  number  of  buses  and  a  description  of  the  routes where
stationary and mobile school bus photo violation monitoring systems were
used;
2. the aggregate number, type and severity of  accidents  reported  at
locations  where  a school bus photo violation monitoring system is used
for the year preceding the installation of such system,  to  the  extent
the  information  is  maintained  by the department of motor vehicles of
this state;
3. the aggregate number, type and severity of  accidents  reported  at
locations  where a school bus photo violation monitoring system is used,
to the extent the information is maintained by the department  of  motor
vehicles of this state;
4.  the  number of violations recorded at each location where a school
bus photo violation monitoring system is used and in the aggregate on  a
daily, weekly and monthly basis;
4-a.  the  number  of convictions for violations of subdivision (a) of
section eleven hundred seventy-four of this  article  recorded  at  each
location where a school bus photo violation monitoring system is used on
an  annual  basis,  to  the  extent the information is maintained by the
department of motor vehicles of this state;
5. the total number of notices  of  liability  issued  for  violations
recorded by such systems;
6.  the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
7.  the  number  of  violations  adjudicated  and  results   of   such
adjudications  including  breakdowns of dispositions made for violations
recorded by such systems which shall be provided at  least  annually  to
such county, city, town or village by the respective courts, bureaus and
agencies conducting such adjudications;
8.  the total amount of revenue realized by such city, town or village
from such adjudications;
9. the expenses incurred by such city, town or village  in  connection
with the program;
10.  the quality of the adjudication process and its results including
the total number of hearings  scheduled,  re-scheduled,  and  held;  the
total number of persons scheduled for such hearings; the total number of
cases where fines were paid on or before the hearing date; and the total
number  of default judgments entered. Such information shall be provided
at least  annually  to  such  county,  city,  town  or  village  by  the

respective  courts,  bureaus and agencies conducting such adjudications;
and
11.  a  description  of  public education activities conducted to warn
motorists of the dangers of overtaking and passing stopped school buses.
(n) It shall be a defense  to  any  prosecution  for  a  violation  of
subdivision  (a)  of section eleven hundred seventy-four of this article
pursuant to a local law or ordinance adopted pursuant  to  this  section
that  such  school  bus stop-arms were malfunctioning at the time of the
alleged violation.
* NB Repealed December 1, 2029