N.Y. Vehicle & Traffic Law § 1180-i: Owner liability for failure of operator to comply with certain posted maximum speed limits; village of Pelham

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

certain posted maximum speed limits; village of Pelham. (a) 1.

Notwithstanding any other provision of law, the village of Pelham 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 school speed zone within

such village (i) when a school speed limit is in effect as provided in

paragraphs one and two of subdivision (c) of section eleven hundred

eighty of this article or (ii) when other speed limits are in effect as

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

eighty of this article during the following times: (A) on school days

during school hours and one hour before and one hour after the school

day, and (B) a period during student activities at the school and up to

thirty minutes immediately before and up to thirty minutes immediately

after such student activities. Such demonstration program shall empower

the village of Pelham to install photo speed violation monitoring

systems within no more than seven school speed zones within such village

at any one time and to operate such systems within such zones (iii) when

a school speed limit is in effect as provided in paragraphs one and two

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

(iv) when other speed limits are in effect as provided in subdivision

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

during the following times: (A) on school days during school hours and

one hour before and one hour after the school day, and (B) a period

during student activities at the school and up to thirty minutes

immediately before and up to thirty minutes immediately after such

student activities. In selecting a school speed zone in which to install

and operate a photo speed violation monitoring system, the village shall

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

history, and the roadway geometry applicable to such school speed zone.

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

school speed zone 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

four of this subdivision. The village shall install signs giving notice

that a photo speed violation monitoring system is in use to be mounted

on advance warning signs notifying motor vehicle operators of such

upcoming school speed zone and/or on speed limit signs applicable within

such school speed zone, in conformance with standards established in the

MUTCD.

3. 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 village 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, videotape or other

recorded images produced by such system.

4. 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

village 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.

5. (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 village shows that it 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 village 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 village 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 village of Pelham 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 school speed zone in violation of subdivision (c)

or during the times authorized pursuant to subdivision (a) of this

section in violation of subdivision (b), (d), (f) or (g) 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 school speed zone, 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), (c), (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. "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;

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

chapter;

3. "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 school speed zone in violation

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

eighty of this article in accordance with the provisions of this

section; and

4. "school speed zone" shall mean a distance not to exceed one

thousand three hundred twenty feet on a highway passing a school

building, entrance or exit of a school abutting on the highway.

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

the village of Pelham, 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), (c), (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 in accordance with a schedule of fines and

penalties to be set forth in such local law or ordinance. 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 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), (c), (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), (c), (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 the 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 village

of Pelham, or by any other entity authorized by the village to prepare

and mail such notice of liability.

(h) Adjudication of the liability imposed upon owners of 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.

(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), (c), (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 traffic violations bureau or court having jurisdiction.

(j) 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), (c), (d), (f) or (g)

of section eleven hundred eighty of this article pursuant to this

section, provided that such owner 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 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 the violation of subdivision (b), (c), (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.

(k) 1. If the owner liable for a violation of subdivision (c) or (d)

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), (c), (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), (c),

(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 (c) or (d)

of section eleven hundred eighty of this article.

(m) If the village adopts a demonstration program pursuant to

subdivision (a) of this section it shall conduct a study and submit an

annual report on the results of the use of photo devices 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:

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 school speed zones

within the village, to the extent the information is maintained by the

department of motor vehicles of this state;

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

injuries and property damage reported within school speed zones where

photo speed violation monitoring systems were used, to the extent the

information is maintained by the department of motor vehicles of this

state;

4. the number of violations recorded within all school speed zones

within the village, in the aggregate on a daily, weekly and monthly

basis;

5. the number of violations recorded within each school speed zone

where a photo speed violation monitoring system is used, in the

aggregate on a daily, weekly and monthly basis;

6. the number of violations recorded within all school speed zones

within the village 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 school speed zone

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;

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

adjudications including breakdowns of dispositions made for violations

recorded by such systems;

11. the total amount of revenue realized by the village in connection

with the program;

12. the expenses incurred by the village in connection with the

program; and

13. the quality of the adjudication process and its results.

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

subdivision (b), (c), (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 Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 6 § 1180-i's