N.Y. Vehicle & Traffic Law § 1111-e: Owner liability for failure of operator to comply with traffic-control indications

* § 1111-e. Owner liability for failure of operator to comply with

traffic-control indications. (a) 1. Notwithstanding any other provision

of law, the city of White Plains 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 traffic-control

indications in such city in accordance with the provisions of this

section. Such demonstration program shall empower such city to install

and operate traffic-control signal photo violation-monitoring devices at

no more than twelve intersections within such city at any one time.

2. Such demonstration program shall utilize necessary technologies to

ensure, to the extent practicable, that photographs produced by such

traffic-control signal photo 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 a photograph

or photographs allow for the identification of the contents of a

vehicle, provided that such city has made a reasonable effort to comply

with the provisions of this paragraph.

(b) In any such city 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 (d) of section eleven hundred

eleven of this article, and such violation is evidenced by information

obtained from a traffic-control signal 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

(d) of section eleven hundred eleven of this article.

(c) For purposes of this section, "owner" shall have the meaning

provided in article two-B of this chapter. For purposes of this section,

"traffic-control signal photo violation-monitoring system" shall mean a

vehicle sensor installed to work in conjunction with a traffic-control

signal 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 violation of subdivision (d) of

section eleven hundred eleven of this article.

(d) A certificate, sworn to or affirmed by a technician employed by

the city of White Plains in which the charged violation occurred, or a

facsimile thereof, based upon inspection of photographs,

microphotographs, videotape or other recorded images produced by a

traffic-control signal photo 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 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.

(e) An owner liable for a violation of subdivision (d) of section

eleven hundred eleven 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 such 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 not exceed

fifty dollars for each violation; 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

(d) of section eleven hundred eleven 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

(d) of section eleven hundred eleven 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 and the identification number of the camera which

recorded the violation or other document locator number.

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 city of

White Plains, or by any other entity authorized by such city 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 or, if there be none,

by the court having jurisdiction over traffic infractions, except that

if such 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 department as having been stolen, it shall be a valid defense to

an allegation of liability for a violation of subdivision (d) of section

eleven hundred eleven 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 city 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 (d) of

section eleven hundred eleven 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

(d) of section eleven hundred eleven 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 such 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 (d) of

section eleven hundred eleven 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 (d) of

section eleven hundred eleven 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

obey a traffic-control indication. 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 traffic-control indication.

(l) Nothing in this section shall be construed to limit the liability

of an operator of a vehicle for any violation of subdivision (d) of

section eleven hundred eleven of this article.

(m) Any city that adopts a demonstration program pursuant to

subdivision (a) of this section shall submit an annual report detailing

the results of the use of such traffic-control signal photo

violation-monitoring system to the governor, the temporary president of

the senate and the speaker of the assembly on or before the first day of

June next succeeding the effective date of this section 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. a description of the locations where traffic-control signal photo

violation-monitoring systems were used;

2. the aggregate number, type and severity of accidents reported at

intersections where a traffic-control signal photo violation-monitoring

system is used for the three years 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

intersections where a traffic-control signal photo violation-monitoring

system is used for the reporting year, as well as for each year that the

traffic-control signal photo violation-monitoring system has been

operational, to the extent the information is maintained by the

department of motor vehicles of this state;

4. the number of events and number of violations recorded at each

intersection where a traffic-control signal photo violation-monitoring

system is used and in the aggregate on a daily, weekly and monthly

basis;

5. the number of notices of liability issued for violations recorded

by such system at each intersection where a traffic-control signal photo

violation-monitoring system is used;

6. the number of fines imposed and total amount of fines paid after

first notice of liability issued for violations recorded by such

systems;

7. the number and percentage of violations adjudicated and results of

such adjudications including breakdowns of dispositions made for

violations recorded by such systems;

8. the total amount of revenue realized by such city from such

adjudications including a breakdown of revenue realized by such city for

each year since deployment of its traffic-control signal photo

violation-monitoring system;

9. expenses incurred by such city in connection with the program; and

10. quality of the adjudication process and its results.

(n) It shall be a defense to any prosecution for a violation of

subdivision (d) of section eleven hundred eleven of this article

pursuant to a local law or ordinance adopted pursuant to this section

that such traffic-control indications were malfunctioning at the time of

the alleged violation.

* NB Repealed December 1, 2029