N.Y. Vehicle & Traffic Law § 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.

(q) It shall be a defense to any notice of liability issued to the

owner of a metropolitan transportation authority vehicle for a violation

of section 4-08(f)(4) of chapter four of title thirty-four of the rules

of the city of New York pursuant to a demonstration program adopted

pursuant to this section that the operator of the vehicle was a

metropolitan transportation authority employee performing authorized

duties involving a metropolitan transportation authority vehicle in such

bus lane.

* NB Repealed July 1, 2028