2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 24 - Traffic Signs, Signals and Markings › 1111-C-1 - Owner Liability for Failure of Operator to Comply With Bus Operation-Related Traffic Regulations.

* §  1111-c-1.  Owner liability for failure of operator to comply with
bus operation-related traffic regulations. (a)  1.  Notwithstanding  any
other  provision  of  law, the city of New York is hereby authorized and
empowered  to  establish  a  demonstration  program  imposing   monetary
liability  on  the owner of a vehicle for failure of an operator thereof
to comply with bus operation-related traffic regulations, in  accordance
with  the  provisions  of  this section. The New York city department of
transportation and/or applicable mass transit agency,  for  purposes  of
the  implementation of such program, shall operate bus operation-related
photo devices that may be stationary or mobile and shall be activated at
locations determined by such  department  of  transportation  and/or  on
buses selected by such department of transportation in consultation with
the applicable mass transit agency.
2.  Any  photographs,  microphotographs,  videotape  or other recorded
images  captured  by  bus  operation-related  photo  devices  shall   be
inadmissible  in  any disciplinary proceeding convened by the applicable
mass transit  agency  or  any  subsidiary  thereof  and  any  proceeding
initiated  by  the  department  involving  licensure  privileges  of bus
operators. Any mobile bus operation-related photo device  mounted  on  a
bus  shall  be  directed  outwardly  from  such bus to capture images of
vehicles  operated  in  violation  of  bus   operation-related   traffic
regulations,  and  images  produced by such device shall not be used for
any other purpose in the absence of a court order requiring such  images
to be produced.
3.  (i)  The  city  of  New  York  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 bus
operation-related photo device. Such measures shall include:
(A) utilization of necessary technologies to  ensure,  to  the  extent
practicable,  that  photographs,  microphotographs,  videotape  or other
recorded images produced by such  bus  operation-related  photo  devices
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 a vehicle where the city shows that it  made  reasonable
efforts to comply with the provisions of this paragraph in such case;
(B)  the installation of signage that is clearly visible to drivers at
regular intervals along and  adjacent  to  roadways  upon  which  mobile
and/or  stationary  bus  operation-related  photo  devices  are operated
pursuant to a demonstration program authorized pursuant to this  section
stating  that  mobile  and/or  stationary  bus  operation-related  photo
devices are used to enforce bus operation-related  traffic  regulations,
in conformance with standards established in the MUTCD; and
(C)  oversight  procedures  to  ensure  compliance  with  the  privacy
protection measures under this subdivision.
(ii) Photographs, microphotographs, videotape or  any  other  recorded
image  from  a  bus  operation-related  photo  device  shall  be for the
exclusive  use  of  the  city  of  New  York  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 such 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 bus operation-related photo device  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.
(iii) The demonstration program authorized pursuant to this section is
prohibited  from  utilizing  and  from  arranging for the utilization of
biometric identifying technology, including but not  limited  to  facial
recognition  technology,  for  any purpose. The use, and the arrangement
for the use, of biometric  identifying  technology,  including  but  not
limited    to    facial    recognition   technology,   on   photographs,
microphotographs,  videotape,  or  any  other  recorded  image  or  data
produced  by a bus operation-related photo device, by any person for any
purpose, are prohibited. For purposes  of  this  subparagraph,  "person"
shall include, but not be limited to, a human being, a public or private
corporation,  an unincorporated association, a partnership, a government
or a governmental instrumentality,  a  court  or  an  administrative  or
adjudicatory   body,  and  any  employee,  officer,  and  agent  of  the
foregoing.
(iv)   Any   applicable   mass   transit    agency    operating    bus
operation-related  photo  devices shall be prohibited from accessing any

photographs, microphotographs, videotapes, other recorded images or data
from bus operation-related photo devices but shall provide, pursuant  to
an  agreement  with  the  city  of New York, 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 such city for  the  purpose  of  determining
whether   a   motor   vehicle   was   operated   in   violation  of  bus
operation-related traffic regulations and imposing monetary liability on
the owner of such motor vehicle therefor.
(v) Every bus upon which a mobile bus operation-related  photo  device
is installed and operated pursuant to a demonstration program authorized
pursuant to this section shall be equipped with signs, placards or other
displays  giving  notice to approaching motor vehicle operators that bus
operation-related   photo   devices   are   used    to    enforce    bus
operation-related traffic regulations.
(b)  Warning  notices  of  violation  shall be issued during the first
sixty days that  bus  operation-related  photo  devices  pursuant  to  a
demonstration  program  authorized  by  this  section  are active and in
operation.
(c) If the city of New York has established  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,  in  violation  of  any   bus   operation-related   traffic
regulations and such violation is evidenced by information obtained from
a  bus operation-related photo device; 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 such bus operation-related traffic regulation.
(d)  For  purposes  of this section the following terms shall have the
following meanings:
1. "owner" shall have the meaning provided in article  two-B  of  this
chapter.
2.  "bus  operation-related  photo device" shall mean a device that is
capable  of  operating  independently  of  an  enforcement  officer  and
produces  one  or  more  images  of  each  vehicle  at the time it is in
violation of a bus operation-related traffic regulation.
3.  "bus  operation-related  traffic  regulations"  shall   mean   the
following  provisions  set forth in chapter four of title thirty-four of
the rules of the city of New York, adopted pursuant to  section  sixteen
hundred  forty-two  of  this chapter: 4-08(c)(3), violation of posted no
standing rules prohibited-bus  stop;  4-08(e)(9),  general  no  stopping
zones-bicycle   lanes;  4-08(f)(1),  general  no  standing  zones-double
parking; and 4-08(f)(4), general no standing zones-bus lane.
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.  "biometric  identifying  technology"  shall mean any tool using an
automated or semi-automated process that assists in verifying a person's
identity based on a person's biometric information.
6.  "biometric  information"  shall  mean  any  measurable   physical,
physiological  or  behavioral characteristics that are attributable to a
person, including but not limited to facial characteristics, fingerprint
characteristics,  hand  characteristics,  eye   characteristics,   vocal
characteristics,  and  any  other  characteristics  that  can be used to
identify  a  person  including,  but  not  limited   to:   fingerprints;

handprints;  retina  and  iris  patterns; DNA sequence; voice; gait; and
facial geometry.
7.  "facial  recognition"  shall  mean  any tool using an automated or
semi-automated process that assists in uniquely identifying or verifying
a person by comparing and analyzing patterns based on the person's face.
(e) A certificate, sworn to or affirmed by a  technician  employed  by
the  city  of  New  York  in  which the charged violation occurred, or a
facsimile   thereof,   based    upon    inspection    of    photographs,
microphotographs,  videotape  or other recorded images produced by a bus
operation-related photo device, 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 this section.
(f) An owner liable for a violation of a bus operation-related traffic
regulation 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 a first
violation,  one  hundred  dollars  for  a  second  violation  within   a
twelve-month  period,  one  hundred  fifty dollars for a third violation
within a twelve-month period, two hundred dollars for a fourth violation
within a twelve-month period, and two hundred  fifty  dollars  for  each
subsequent  violation  within  a twelve-month period; provided, however,
that an owner shall be liable for an additional penalty  not  to  exceed
twenty-five  dollars  for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(g)  An  imposition  of  liability  under  the  demonstration  program
established pursuant to this section shall not be deemed a conviction of
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.
(h) 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 a bus
operation-related traffic regulation. Personal  delivery  to  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  a  bus
operation-related  traffic  regulation,  the  registration number of the
vehicle involved in such violation, the location  where  such  violation
took  place  including  the street address or cross streets, one or more
images identifying the violation, the date and time of  such  violation,
the  identification  number  of  the  bus operation-related photo device
which recorded the violation  or  other  document  locator  number,  and
whether   the   device   was   stationary   or   mobile.   If   the  bus
operation-related photo device was mobile, an identity  of  the  vehicle
containing  such bus operation-related photo device shall be included in
the notice.
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 agency
or agencies designated by the city of New  York,  or  any  other  entity
authorized by such city to prepare and mail such notice of liability.
(i)  Adjudication of the liability imposed upon owners by this section
shall be conducted by the New York city parking violations bureau.
(j) If an owner of a vehicle receives a notice of  liability  pursuant
to  this  section  for  any  time  period  during which 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 a bus
operation-related traffic regulation 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 parking violations bureau  of
such city.
(k)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (h) of this  section  shall
not  be  liable  for  the  violation  of a bus operation-related traffic
regulation, 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 parking
violations 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 lessor 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 (h) of this section.
(l) 1. If the owner liable for a violation of a bus  operation-related
traffic  regulation pursuant to this section was not the operator of the
vehicle at the time of such 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  bus  operation-related traffic regulation. 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  bus  operation-related  traffic
regulation.
(m)  Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of a bus operation-related
traffic regulation.
(n) If the city of New York adopts a demonstration program pursuant to
subdivision (a) of this section,  such  city  and  the  applicable  mass
transit  agency  shall  submit a report on the results of the use of bus
operation-related photo devices to the governor, the temporary president
of  the  senate,  and  the  speaker  of the assembly by April first, two
thousand twenty-five and every two years thereafter.  The  city  of  New
York  and  applicable  mass  transit agency 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
city finds that  publishing  specific  location  data  would  jeopardize
public safety. Such report shall include, but not be limited to:
1.   a   description   of   the   locations  and/or  buses  where  bus
operation-related photo devices were used;
2. the total number of violations recorded on  a  monthly  and  annual
basis;
3. the total number of notices of liability issued;
4.  the number of fines and total amount of fines paid after the first
notice of liability;
5.  the  number  of  violations  adjudicated  and  results   of   such
adjudications including breakdowns of dispositions made;
6.  the  total  amount  of  revenue  realized  by  such  city  and any
participating mass transit agency and an itemized list  of  expenditures
made by the participating mass transit agency with these revenues;
7. the quality of the adjudication process and its results;
8. the total number of cameras by type of camera used;
9. the total cost to such city and the total cost to any participating
mass transit agency; and
10.  a  detailed  report on the bus speeds, reliability, and ridership
before and after implementation of the demonstration  program  for  each
bus route, including current statistics.
(o) Any revenue from fines and penalties collected from any mobile bus
operation-related  photo  devices, not including any revenue shared with
the city of New York pursuant to agreement, shall  be  remitted  by  the
city  of  New  York to the applicable mass transit agency on a quarterly
basis to be deposited in the general transportation account of  the  New
York city transportation assistance fund established pursuant to section
twelve hundred seventy-i of the public authorities law.
(p)  It shall be a defense to any prosecution for a violation of a bus
operation-related traffic regulation pursuant to a demonstration program
adopted pursuant to this section that such bus  operation-related  photo
devices were malfunctioning at the time of the alleged violation.
* NB Repealed July 1, 2028