N.Y. Vehicle & Traffic Law § 1180-e: Owner liability for failure of operator to comply with certain posted maximum speed limits; highway construction or maintenance work area

* § 1180-e. Owner liability for failure of operator to comply with

certain posted maximum speed limits; highway construction or maintenance

work area.

(a) 1. Notwithstanding any other provision of law, the commissioner of

transportation is hereby authorized to establish a demonstration program

imposing monetary liability on the owner of a vehicle for failure of an

operator thereof to comply with posted maximum speed limits in a highway

construction or maintenance work area located on a highway (i) when

highway construction or maintenance work is occurring and a work area

speed limit is in effect as provided in paragraph two of subdivision (d)

or subdivision (f) of section eleven hundred eighty of this article or

(ii) when highway construction or maintenance work is occurring and

other speed limits are in effect as provided in subdivision (b) or (g)

or paragraph one of subdivision (d) of section eleven hundred eighty of

this article. Such demonstration program shall empower the commissioner

to install photo speed violation monitoring systems within no more than

forty highway construction or maintenance work areas located on highways

and to operate such systems within such work areas (iii) when highway

construction or maintenance work is occurring and a work area speed

limit is in effect as provided in paragraph two of subdivision (d) or

subdivision (f) of section eleven hundred eighty of this article or (iv)

when highway construction or maintenance work is occurring and other

speed limits are in effect as provided in subdivision (b) or (g) or

paragraph one of subdivision (d) of section eleven hundred eighty of

this article. The commissioner, in consultation with the superintendent

of the division of state police, shall determine the location of the

highway construction or maintenance work areas located on a highway in

which to install and operate photo speed violation monitoring systems.

In selecting a highway construction or maintenance work area in which to

install and operate a photo speed violation monitoring system, the

commissioner shall consider criteria including, but not limited to, the

speed data, crash history, and roadway geometry applicable to such

highway construction or maintenance work area. A photo speed violation

monitoring system shall not be installed or operated on a highway exit

ramp.

2. Notwithstanding any other provision of law, after holding a public

hearing in accordance with the public officers law and subsequent

approval of the establishment of a demonstration program in accordance

with this section by a majority of the members of the entire board of

the thruway authority, the chair of the thruway authority is hereby

authorized to establish a demonstration program imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with posted maximum speed limits in a highway construction or

maintenance work area located on the thruway (i) when highway

construction or maintenance work is occurring and a work area speed

limit is in effect as provided in paragraph two of subdivision (d) or

subdivision (f) of section eleven hundred eighty of this article or (ii)

when highway construction or maintenance work is occurring and other

speed limits are in effect as provided in subdivision (b) or (g) or

paragraph one of subdivision (d) of section eleven hundred eighty of

this article. Such demonstration program shall empower such chair to

install photo speed violation monitoring systems within no more than

twenty highway construction or maintenance work areas located on the

thruway and to operate such systems within such work areas (iii) when

highway construction or maintenance work is occurring and a work area

speed limit is in effect as provided in paragraph two of subdivision (d)

or subdivision (f) of section eleven hundred eighty of this article or

(iv) when highway construction or maintenance work is occurring and

other speed limits are in effect as provided in subdivision (b) or (g)

or paragraph one of subdivision (d) of section eleven hundred eighty of

this article. The chair of the thruway authority, in consultation with

the superintendent of the division of state police, shall determine the

location of the highway construction or maintenance work areas located

on the thruway in which to install and operate photo speed violation

monitoring systems. In selecting a highway construction or maintenance

work area in which to install and operate a photo speed violation

monitoring system, such chair shall consider criteria including, but not

limited to, the speed data, crash history, and roadway geometry

applicable to such highway construction or maintenance work area. A

photo speed violation monitoring system shall not be installed or

operated on a thruway exit ramp.

2-a. Notwithstanding any other provision of law, after holding a

public hearing in accordance with the public officers law and subsequent

approval of the establishment of a demonstration program in accordance

with this section by a majority of the members of the entire board of

the Triborough bridge and tunnel authority, the chair of the Triborough

bridge and tunnel authority is hereby authorized to establish a

demonstration program imposing monetary liability on the owner of a

vehicle for failure of an operator thereof to comply with posted maximum

speed limits in a highway construction or maintenance work area located

on a Triborough bridge and tunnel authority facility (i) when highway

construction or maintenance work is occurring and a work area speed

limit is in effect as provided in paragraph two of subdivision (d) or

subdivision (f) of section eleven hundred eighty of this article or (ii)

when highway construction or maintenance work is occurring and other

speed limits are in effect as provided in subdivision (b) or (g) or

paragraph one of subdivision (d) of section eleven hundred eighty of

this article. Such demonstration program shall empower such chair to

install photo speed violation monitoring systems within no more than

nine highway construction or maintenance work areas located on

Triborough bridge and tunnel authority facilities and to operate such

systems within such work areas (iii) when highway construction or

maintenance work is occurring and a work area speed limit is in effect

as provided in paragraph two of subdivision (d) or subdivision (f) of

section eleven hundred eighty of this article or (iv) when highway

construction or maintenance work is occurring and other speed limits are

in effect as provided in subdivision (b) or (g) or paragraph one of

subdivision (d) of section eleven hundred eighty of this article. The

chair of the Triborough bridge and tunnel authority, in consultation

with the chief of the metropolitan transportation authority police

department or the chief of the Triborough bridge and tunnel authority

peace officers appointed pursuant to subdivision twenty of section 2.10

of the criminal procedure law, shall determine the location of the

highway construction or maintenance work areas located on Triborough

bridge and tunnel authority facilities in which to install and operate

photo speed violation monitoring systems. In selecting a highway

construction or maintenance work area in which to install and operate a

photo speed violation monitoring system, such chair shall consider

criteria including, but not limited to, the speed data, crash history,

and roadway geometry applicable to such highway construction or

maintenance work area. The New York state department of transportation

and the New York city department of transportation may enter into a

memorandum of understanding with the Triborough bridge and tunnel

authority for the purposes of coordinating the planning, design, and

installation of photo speed violation monitoring systems in such photo

speed violation monitoring demonstration program. Such memorandum shall

address, for purposes of such demonstration program, the use of systems,

devices and other facilities owned and operated by the state or by the

New York city department of transportation.

2-b. Notwithstanding any other provision of law, after holding a

public hearing in accordance with the public officers law and subsequent

approval of the establishment of a demonstration program in accordance

with this section by a majority of the members of the entire board of

the bridge authority, the chair of the bridge authority is hereby

authorized to establish a demonstration program imposing monetary

liability on the owner of a vehicle for failure of an operator thereof

to comply with posted maximum speed limits in a highway construction or

maintenance work area located on bridge authority facilities (i) when

highway construction or maintenance work is occurring and a work area

speed limit is in effect as provided in paragraph two of subdivision (d)

or subdivision (f) of section eleven hundred eighty of this article or

(ii) when highway construction or maintenance work is occurring and

other speed limits are in effect as provided in subdivision (b) or (g)

or paragraph one of subdivision (d) of section eleven hundred eighty of

this article. Such demonstration program shall empower such chair to

install photo speed violation monitoring systems within no more than

five highway construction or maintenance work areas located on bridge

authority facilities and to operate such systems within such work areas

(iii) when highway construction or maintenance work is occurring and a

work area speed limit is in effect as provided in paragraph two of

subdivision (d) or subdivision (f) of section eleven hundred eighty of

this article or (iv) when highway construction or maintenance work is

occurring and other speed limits are in effect as provided in

subdivision (b) or (g) or paragraph one of subdivision (d) of section

eleven hundred eighty of this article. The chair of the bridge

authority, in consultation with the superintendent of the division of

state police, shall determine the location of the highway construction

or maintenance work areas located on bridge authority facilities in

which to install and operate photo speed violation monitoring systems.

In selecting a highway construction or maintenance work area in which to

install and operate a photo speed violation monitoring system, such

chair shall consider criteria including, but not limited to, the speed

data, crash history, and roadway geometry applicable to such highway

construction or maintenance work area. The New York state department of

transportation may enter into a memorandum of understanding with the

bridge authority for the purposes of coordinating the planning, design,

and installation of photo speed violation monitoring systems in such

photo speed violation monitoring demonstration program. Such memorandum

shall address, for purposes of such demonstration program, the use of

systems, devices and other facilities owned and operated by the state.

3. No photo speed violation monitoring system shall be used in a

highway construction or maintenance work area unless (i) on the day it

is to be used it has successfully passed a self-test of its functions;

and (ii) it has undergone an annual calibration check performed pursuant

to paragraph five of this subdivision. The commissioner or chair of the

thruway authority, Triborough bridge and tunnel authority, or bridge

authority, as applicable, shall install signs giving notice that a photo

speed violation monitoring system is in use, in conformance with

standards established in the MUTCD.

4. Operators of photo speed violation monitoring systems shall have

completed training in the procedures for setting up, testing, and

operating such systems. Each such operator shall complete and sign a

daily set-up log for each such system that the operator operates that

(i) states the date and time when, and the location where, the system

was set up that day, and (ii) states that such operator successfully

performed, and the system passed, the self-tests of such system before

producing a recorded image that day. The commissioner or the chair of

the thruway authority, Triborough bridge and tunnel authority, or bridge

authority, as applicable, shall retain each such daily log until the

later of the date on which the photo speed violation monitoring system

to which it applies has been permanently removed from use or the final

resolution of all cases involving notices of liability issued based on

photographs, microphotographs, video or other recorded images produced

by such system.

5. Each photo speed violation monitoring system shall undergo an

annual calibration check performed by an independent calibration

laboratory which shall issue a signed certificate of calibration. The

commissioner or the chair of the thruway authority, Triborough bridge

and tunnel authority, or bridge authority, as applicable, shall keep

each such annual certificate of calibration on file until the final

resolution of all cases involving a notice of liability issued during

such year which were based on photographs, microphotographs, videotape

or other recorded images produced by such photo speed violation

monitoring system.

6. (i) Such demonstration program shall utilize necessary technologies

to ensure, to the extent practicable, that photographs,

microphotographs, videotape or other recorded images produced by such

photo speed 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 such a photograph,

microphotograph, videotape or other recorded image allows for the

identification of the driver, the passengers, or the contents of

vehicles where the commissioner or the chair of the thruway authority,

Triborough bridge and tunnel authority, or bridge authority, as

applicable, shows that they made reasonable efforts to comply with the

provisions of this paragraph in such case.

(ii) Photographs, microphotographs, videotape or any other recorded

image from a photo speed violation monitoring system shall be for the

exclusive use of the commissioner or chair of the thruway authority,

Triborough bridge and tunnel authority, or bridge authority, as

applicable, 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 the

commissioner or chair of the thruway authority, Triborough bridge and

tunnel authority, or bridge authority, as applicable, 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 photo speed violation monitoring system

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.

(b) If the commissioner or chair of the thruway authority, Triborough

bridge and tunnel authority, or bridge authority establishes 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, within a highway construction or

maintenance work area located on a highway, the thruway, Triborough

bridge and tunnel authority facilities or bridge authority facilities,

as applicable in violation of paragraph two of subdivision (d) or

subdivision (f), or when other speed limits are in effect in violation

of subdivision (b) or (g) or paragraph one of subdivision (d), of

section eleven hundred eighty of this article, such vehicle was

traveling at a speed of more than ten miles per hour above the posted

speed limit in effect within such highway construction or maintenance

work area, and such violation is evidenced by information obtained from

a photo speed 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 (b), (d), (f) or (g) of section

eleven hundred eighty of this article.

(c) For purposes of this section, the following terms shall have the

following meanings:

1. "bridge authority" shall mean the New York state bridge authority

created pursuant to section five hundred twenty-seven of the public

authorities law;

2. "bridge authority facility" shall mean the following bridges under

the jurisdiction of the New York state bridge authority: the Bear

Mountain bridge; the Newburgh Beacon bridge; the Mid-Hudson bridge; the

Kingston-Rhinecliff bridge; and the Rip Van Winkle bridge;

3. "chair" shall mean the chair of the thruway authority, the chair of

the bridge authority, or the president of the Triborough bridge and

tunnel authority, as applicable;

4."commissioner" shall mean the commissioner of transportation;

5. "highway" shall mean a highway as defined by section one hundred

eighteen of this chapter under the commissioner's jurisdiction;

6. "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;

7. "metropolitan transportation authority" shall mean the corporation

created by section twelve hundred sixty-three of the public authorities

law;

8. "owner" shall have the meaning provided in article two-B of this

chapter;

9. "photo speed violation monitoring system" shall mean a vehicle

sensor installed to work in conjunction with a speed measuring device

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 a highway construction or

maintenance work area located on a highway, the thruway, Triborough

bridge and tunnel authority facility or bridge authority facility in

violation of subdivision (b), (d), (f) or (g) of section eleven hundred

eighty of this article in accordance with the provisions of this

section;

10. "thruway authority" shall mean the New York state thruway

authority, a body corporate and politic constituting a public

corporation created and constituted pursuant to title nine of article

two of the public authorities law;

11. "thruway" shall mean generally a divided highway under the

jurisdiction of the thruway authority for mixed traffic with access

limited as the authority may determine and generally with grade

separations at intersections;

12. "Triborough bridge and tunnel authority" shall mean the

corporation organized pursuant to section five hundred fifty-two of the

public authorities law; and

13. "Triborough bridge and tunnel authority facility" shall mean the

following bridges and tunnels under the jurisdiction of the Triborough

bridge and tunnel authority: the Bronx-Whitestone bridge; the Cross Bay

Veterans Memorial bridge; the Henry Hudson bridge; the Marine

Parkway-Gil Hodges Memorial bridge; the Robert F. Kennedy bridge; the

Throgs Neck bridge; the Verrazzano-Narrows bridge; the Hugh L. Carey

tunnel; and the Queens Midtown tunnel.

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

the commissioner or chair of the thruway authority, Triborough bridge

and tunnel authority, or bridge authority, as applicable, or a facsimile

thereof, based upon inspection of photographs, microphotographs,

videotape or other recorded images produced by a photo speed 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 include at least two date and

time stamped images of the rear of the motor vehicle that include the

same stationary object near the motor vehicle and shall be available for

inspection reasonably in advance of and at any proceeding to adjudicate

the liability for such violation pursuant to this section.

(e) An owner liable for a violation of subdivision (b), (d), (f) or

(g) of section eleven hundred eighty of this article pursuant to a

demonstration program established pursuant to this section shall be

liable for monetary penalties not to exceed fifty dollars for a first

violation, seventy-five dollars for a second violation both of which

were committed within a period of eighteen months, and one hundred

dollars for a third or subsequent violation all of which were committed

within a period of eighteen months; provided, however, that an

additional penalty not in excess of twenty-five dollars for each

violation may be imposed for the failure to respond to a notice of

liability within the prescribed time period.

(f) An imposition of liability under the demonstration program

established 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

(b), (d), (f) or (g) of section eleven hundred eighty of this article

pursuant to this section, within fourteen business days if such owner is

a resident of this state and within forty-five business days if such

owner is a non-resident. 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

(b), (d), (f) or (g) of section eleven hundred eighty 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 camera which recorded the violation or other document locator

number, at least two date and time stamped images of the rear of the

motor vehicle that include the same stationary object near the motor

vehicle, and the certificate charging the liability.

3. The notice of liability shall contain information advising the

person charged of the manner and the time in which such person may

contest the liability alleged in the notice. Such notice of liability

shall also contain a prominent warning to advise the person 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

commissioner or chair as applicable, or by any other entity authorized

by the commissioner or chair to prepare and mail such notice of

liability.

(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 adjudication of liability

imposed upon owners by this section for violations occurring in the city

of New York shall be by the New York city parking violations bureau.

(i) If an owner receives a notice of liability pursuant to this

section for any time period during which the vehicle or the number plate

or plates of 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 subdivision (b), (d), (f) or (g) of section

eleven hundred eighty of this article pursuant to this section that the

vehicle or the number plate or plates of such 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 or number plate or

plates of such vehicle be sent by first class mail to the department of

transportation, thruway authority, Triborough bridge and tunnel

authority or bridge authority, as applicable, or to the traffic

violations bureau, court having jurisdiction or parking violations

bureau. Nothing contained in this subdivision shall be deemed to

prohibit an owner which submits a police report pursuant to this

subdivision to the department of transportation, thruway authority,

Triborough bridge and tunnel authority or bridge authority, as

applicable, from later submitting such report to the traffic violations

bureau, court having jurisdiction or parking violations bureau as

provided by this subdivision.

(j) 1. 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 (b), (d),

(f) or (g) of section eleven hundred eighty of this article pursuant to

this section, provided that the owner sends to the department of

transportation, thruway authority, Triborough bridge and tunnel

authority or bridge authority, as applicable, or 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 (b), (d), (f) or

(g) of section eleven hundred eighty of this article pursuant to this

section and shall be sent a notice of liability pursuant to subdivision

(g) of this section. Nothing contained in this paragraph shall be deemed

to prohibit a lessor which submits information pursuant to this

paragraph to the department of transportation, thruway authority,

Triborough bridge and tunnel authority or bridge authority, as

applicable, from later submitting such information to the traffic

violations bureau or court having jurisdiction as provided by this

paragraph.

2. (i) In the city of New York and in any 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 (b), (d), (f) or (g) of section eleven hundred eighty 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) (1) 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; or

(2) no later than the time period prescribed by item one of this

clause, the lessor submits to the department of transportation, thruway

authority, Triborough bridge and tunnel authority, or bridge authority,

as applicable, 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. Nothing contained in

this item shall be deemed to prohibit a lessor which submits information

pursuant to this item to the department of transportation, thruway

authority, Triborough bridge and tunnel authority or bridge authority,

as applicable, from later submitting such information to the bureau as

provided by item one of this clause.

(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 (b), (d),

(f) or (g) of section eleven hundred eighty 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 operated such

vehicle in violation of subdivision (b), (d), (f) or (g) of section

eleven hundred eighty 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 operated such vehicle in violation of subdivision (b), (d), (f)

or (g) of section eleven hundred eighty 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 (b), (d),

(f) or (g) of section eleven hundred eighty of this article.

(m) If the commissioner or chair of the thruway authority, Triborough

bridge and tunnel authority, or bridge authority adopts a demonstration

program pursuant to subdivision (a) of this section the commissioner or

chair of the thruway authority, as applicable, shall conduct a study and

submit a report on or before May first, two thousand twenty-four and on

the same date every two years thereafter in which the demonstration

program is operable, and the chair of the Triborough bridge and tunnel

authority or bridge authority, as applicable, shall conduct a study and

submit a report on or before May first, two thousand twenty-eight and on

the same date every two years thereafter in which the demonstration

program is operable, on the results of the use of photo devices to the

governor, the temporary president of the senate and the speaker of the

assembly. The commissioner or chair of the thruway authority, Triborough

bridge and tunnel authority, or bridge authority, as applicable, 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 commissioner or chair of the thruway authority,

Triborough bridge and tunnel authority, or bridge authority, as

applicable, finds that publishing specific location data would

jeopardize public safety. Such report shall include:

1. the locations where and dates when photo speed violation monitoring

systems were used;

2. the aggregate number, type and severity of crashes, fatalities,

injuries and property damage reported within all highway construction or

maintenance work areas on highways, the thruway, Triborough bridge and

tunnel authority facilities or bridge authority facilities, as

applicable, to the extent the information is maintained by the

commissioner, the chair of the thruway authority, Triborough bridge and

tunnel authority, or bridge authority, or the department of motor

vehicles of this state;

3. the aggregate number, type and severity of crashes, fatalities,

injuries and property damage reported within highway construction or

maintenance work areas where photo speed violation monitoring systems

were used, to the extent the information is maintained by the

commissioner, the chair of the thruway authority, Triborough bridge and

tunnel authority, or bridge authority, or the department of motor

vehicles of this state;

4. the number of violations recorded within all highway construction

or maintenance work areas on highways, the thruway, Triborough bridge

and tunnel authority facilities or bridge authority facilities, in the

aggregate on a daily, weekly and monthly basis to the extent the

information is maintained by the commissioner, the chair of the thruway

authority, Triborough bridge and tunnel authority, or bridge authority,

or the department of motor vehicles of this state;

5. the number of violations recorded within each highway construction

or maintenance work area where a photo speed violation monitoring system

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

6. to the extent the information is maintained by the commissioner,

the chair of the thruway authority, Triborough bridge and tunnel

authority, or bridge authority, or the department of motor vehicles of

this state, the number of violations recorded within all highway

construction or maintenance work areas on highways, the thruway,

Triborough bridge and tunnel authority facilities or bridge authority

facilities, that were:

(i) more than ten but not more than twenty miles per hour over the

posted speed limit;

(ii) more than twenty but not more than thirty miles per hour over the

posted speed limit;

(iii) more than thirty but not more than forty miles per hour over the

posted speed limit; and

(iv) more than forty miles per hour over the posted speed limit;

7. the number of violations recorded within each highway construction

or maintenance work area where a photo speed violation monitoring system

is used that were:

(i) more than ten but not more than twenty miles per hour over the

posted speed limit;

(ii) more than twenty but not more than thirty miles per hour over the

posted speed limit;

(iii) more than thirty but not more than forty miles per hour over the

posted speed limit; and

(iv) more than forty miles per hour over the posted speed limit;

8. the total number of notices of liability issued for violations

recorded by such systems;

9. the number of fines and total amount of fines paid after the first

notice of liability issued for violations recorded by such systems, to

the extent the information is maintained by the commissioner, the chair

of the thruway authority, Triborough bridge and tunnel authority, or

bridge authority, or the department of motor vehicles of this state;

10. the number of violations adjudicated and the results of such

adjudications including breakdowns of dispositions made for violations

recorded by such systems, to the extent the information is maintained by

the commissioner, the chair of the thruway authority, Triborough bridge

and tunnel authority, or bridge authority, or the department of motor

vehicles of this state;

11. the total amount of revenue realized by the state or the thruway

authority, Triborough bridge and tunnel authority, or bridge authority,

as applicable, in connection with the program;

12. the expenses incurred by the state or the thruway authority,

Triborough bridge and tunnel authority, or bridge authority, as

applicable, in connection with the program;

13. an itemized list of expenditures made by the state, thruway

authority, Triborough bridge and tunnel authority, and the bridge

authority on work zone safety projects undertaken in accordance with

subdivisions eleven, twelve, fourteen and fifteen of section eighteen

hundred three of this chapter; and

14. the quality of the adjudication process and its results, to the

extent the information is maintained by the commissioner, the chair of

the thruway authority, Triborough bridge and tunnel authority, or bridge

authority, or the department of motor vehicles of this state.

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

subdivision (b), (d), (f) or (g) of section eleven hundred eighty of

this article pursuant to this section that such photo speed violation

monitoring system was malfunctioning at the time of the alleged

violation.

* NB Repealed October 6, 2031