N.Y. Vehicle & Traffic Law § 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 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 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 parking

violations bureau and except if a county, city, village, or town has

authorized the adjudication of such owner liability by a traffic camera

violations bureau, such schedule shall be promulgated by such traffic

camera violations 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, and except that if a county, city,

village, or town has established a traffic camera violations bureau to

hear and determine the liability imposed upon owners by this section,

adjudication of such liability shall be by such traffic camera

violations bureau.

(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, parking violations bureau, or traffic camera

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, a court having jurisdiction, or a traffic camera

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 such

lessor sends to the traffic violations bureau, court having jurisdiction

or traffic camera violations bureau 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, court

or traffic camera violations bureau 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 county, city, town or

village from such adjudications;

9. the expenses incurred by such county, 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