N.Y. Vehicle & Traffic Law § 385-a: Owner liability for failure of operator to comply with weight restrictions

* § 385-a. Owner liability for failure of operator to comply with

weight restrictions. (a) 1. (i) Notwithstanding any other provision of

law, the city of New York is hereby authorized to establish a weigh in

motion demonstration program on the covered locations set forth in

subparagraph (ii) of this paragraph imposing monetary liability on the

owner of a vehicle for failure of an operator thereof to comply with

gross vehicle weight and/or axle weight restrictions on such covered

locations in accordance with the provisions of this section. Such

demonstration program shall empower the city of New York to install and

operate up to sixteen weigh in motion violation monitoring systems at

any one time on interstate route 278 in Kings county, and up to two

weigh in motion violation monitoring systems at any one time on each of

the other covered locations set forth in such subparagraph. Such systems

may be stationary or mobile and may be activated at locations on such

portion of such interstate and on the other such covered locations as

determined by the New York city department of transportation. The New

York state department of transportation, covered agencies, and covered

authorities may enter into a memorandum of understanding with the New

York city department of transportation for the purposes of coordinating

the planning, design, installation, construction and maintenance of such

weigh in motion 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, covered agencies,

and covered authorities.

(ii) Covered locations subject to a demonstration program established

by the city of New York pursuant to this section shall mean interstate

route 278 in Kings county; the Greenpoint Avenue bridge over Newtown

Creek; the Metropolitan Avenue bridge over Newtown Creek; the Hamilton

Avenue bridge over the Gowanus Canal; the Williamsburg bridge over the

East River; the Ed Koch Queensboro bridge (state route 25) over the East

River; the Third Avenue bridge over the Harlem River; the Manhattan

bridge over the East River; and that portion of the Long Island

Expressway (interstate route 495) over Woodhaven Boulevard.

1-a. (i) 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 weigh in

motion demonstration program on the covered location set forth in

subparagraph (ii) of this paragraph imposing monetary liability on the

owner of a vehicle for failure of an operator thereof to comply with

gross vehicle weight and/or axle weight restrictions on such covered

location in accordance with the provisions of this section. Such

demonstration program shall empower the chair of the triborough bridge

and tunnel authority to install and operate up to two weigh in motion

violation monitoring systems at any one time on such covered location.

Such systems may be stationary or mobile and may be activated at

locations on such covered location as determined by such chair. Covered

agencies and covered authorities may enter into a memorandum of

understanding with the triborough bridge and tunnel authority for the

purposes of coordinating the planning, design, installation,

construction and maintenance of such weigh in motion demonstration

program. Such memorandum shall address, for purposes of such

demonstration program, the use of systems, devices and other facilities

owned and operated by such other covered agencies and covered

authorities.

(ii) The covered location subject to a demonstration program

established by the chair of the triborough bridge and tunnel authority

pursuant to this section shall mean the Robert F. Kennedy bridge.

1-b. (i) 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 weigh in motion demonstration program on the

covered locations set forth in subparagraph (ii) of this paragraph

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

operator thereof to comply with gross vehicle weight and/or axle weight

restrictions on such covered locations in accordance with the provisions

of this section. Such demonstration program shall empower the chair of

the bridge authority to install and operate up to two weigh in motion

violation monitoring systems at any one time on each such covered

location. Such systems may be stationary or mobile and may be activated

at locations on such covered locations as determined by such chair.

Covered agencies and covered authorities may enter into a memorandum of

understanding with the bridge authority for the purposes of coordinating

the planning, design, installation, construction and maintenance of such

weigh in motion demonstration program. Such memorandum shall address,

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

and other facilities owned and operated by such other covered agencies

and covered authorities.

(ii) Covered locations subject to a demonstration program established

by the chair of the bridge authority pursuant to this section shall mean

the Bear Mountain bridge, the Newburgh Beacon bridge and the Mid-Hudson

bridge.

1-c. (i) 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 port authority of New York and New Jersey, the chair of the port

authority of New York and New Jersey is hereby authorized to establish a

weigh in motion demonstration program on the covered location set forth

in subparagraph (ii) of this paragraph imposing monetary liability on

the owner of a vehicle for failure of an operator thereof to comply with

gross vehicle weight and/or axle weight restrictions on such covered

location in accordance with the provisions of this section. Such

demonstration program shall empower the chair of the port authority of

New York and New Jersey to install and operate up to two weigh in motion

violation monitoring systems at any one time on such covered location.

Such systems may be stationary or mobile and may be activated at

locations on such covered location as determined by such chair. Covered

agencies and covered authorities may enter into a memorandum of

understanding with the port authority of New York and New Jersey for the

purposes of coordinating the planning, design, installation,

construction and maintenance of such weigh in motion demonstration

program. Such memorandum shall address, for purposes of such

demonstration program, the use of systems, devices and other facilities

owned and operated by such other covered agencies and covered

authorities.

(ii) The covered location subject to a demonstration program

established by the chair of the port authority of New York and New

Jersey pursuant to this section shall mean the George Washington bridge.

1-d. (i) 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 weigh in motion demonstration program on the

covered location set forth in subparagraph (ii) of this paragraph

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

operator thereof to comply with gross vehicle weight and/or axle weight

restrictions on such covered location in accordance with the provisions

of this section. Such demonstration program shall empower the chair of

the thruway authority to install and operate up to two weigh in motion

violation monitoring systems at any one time on such covered location.

Such systems may be stationary or mobile and may be activated at

locations on such covered location as determined by such chair.

(ii) The covered location subject to a demonstration program

established by the chair of the thruway authority pursuant to this

section shall mean a location on the thruway at thruway interchange 34-A

east of the city of Syracuse.

1-e. A covered location as defined by this subdivision consisting of a

bridge shall include a distance not to exceed two thousand six hundred

forty feet along the length of the existing highway between the bridge

head of the respective bridge, in either direction, and the nearest

paved level surface of such highway where a weigh in motion violation

monitoring system can be installed in accordance with an engineering

analysis, except for the west end of the Mid-Hudson Bridge where such

distance shall not exceed five thousand two hundred eighty feet.

2. No weigh in motion violation monitoring system shall be used unless

(i) on the day it is to be used it has undergone a self-test for the

operation of such system; and (ii) it has undergone a semi-annual

calibration check performed pursuant to paragraph three of this

subdivision. A result of the daily self-test for each such system shall

include the date and time that the self-test was successfully performed.

Each covered agency and covered authority shall retain each such daily

self-test until the later of the date on which the weigh in motion

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,

and information and data generated in conjunction therewith, produced by

such system.

3. Each weigh in motion violation monitoring system shall undergo a

calibration check every six months in accordance with specifications

prescribed pursuant to a memorandum of agreement between the applicable

covered agency or covered authority and the New York state department of

agriculture and markets, or in accordance with an applicable reference

standard as determined by the applicable covered agency or covered

authority. Such calibration check shall be performed by an independent

calibration laboratory which shall issue a signed certificate of

calibration on its letterhead to the applicable covered agency or

covered authority. Nothing contained in this paragraph shall be deemed

to require the signature of a notary public on such certificate. Covered

agencies and covered authorities shall retain each such bi-annual

certificate of calibration on file until the final resolution of all

cases involving notices of liability issued during such six-month time

period which were based on photographs, microphotographs, video or other

recorded images, and information and data generated in conjunction

therewith, produced by such weigh in motion violation monitoring system.

4. Each covered agency and covered authority shall establish a range,

according to the manufacturer's standards and its monitoring of the

system, for evaluating information and data collected from sensor

readings of each weigh in motion violation monitoring system of such

covered agency and covered authority. Each such system shall be set to

automatically alert such covered agency or covered authority of

significant variations from the established range during a

twenty-four-hour period. After such an alert, such system shall be

inspected and any necessary adjustments shall be made. Such covered

agency or covered authority shall keep a log of the details of all

alerts, including the date and time of such alert, the amount of

variation from the established range in such alert, the adjustments made

or actions taken as a result of the subsequent inspection, and the date

and time of such inspection, adjustments or actions.

5. Weigh in motion violation monitoring systems used in accordance

with the weigh in motion demonstration program authorized pursuant to

this section shall be operated only on covered locations.

6. (i) No photograph, microphotograph, videotape or other recorded

image, nor any information and data generated in conjunction therewith,

shall be used for any purpose other than as specified in this section,

except as may be otherwise provided by this paragraph.

(ii) Such demonstration program shall utilize necessary technologies

to ensure, to the extent practicable, that photographs,

microphotographs, videotape or other recorded images produced by such

weigh in motion 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 applicable covered agency or covered authority shows

that it made reasonable efforts to comply with the provisions of this

paragraph in such case.

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

image, and any information and data generated in conjunction therewith,

produced by a weigh in motion violation monitoring system shall be for

the exclusive use of the applicable covered agency or covered authority

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 as required by the covered agency or covered

authority to study the impact of overweight vehicles on its covered

locations and management of such covered locations, and shall be

destroyed by the applicable covered agency or covered authority upon the

final resolution of the notice of liability to which such photographs,

microphotographs, videotape or other recorded images and information and

data generated in conjunction therewith 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, and information and data generated in conjunction

therewith, from a weigh in motion 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, and

information and data generated in conjunction therewith, 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, information and

data 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.

(iv) The applicable covered agency or covered authority shall install

signs in advance of entry points to each of its covered locations giving

notice to approaching motor vehicle operators that weigh in motion

violation monitoring systems are in use to enforce motor vehicle weight

restrictions.

(v) Each covered agency and covered authority shall use oversight

procedures to ensure compliance with the aforementioned privacy

protection measures.

(b) If a covered agency or covered 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, on a covered location in violation of

section three hundred eighty-five of this article and the rules of the

applicable covered agency or covered authority in relation to gross

vehicle weight and/or axle weight, where such vehicle was traveling ten

percent or more above the gross vehicle weight or twenty percent or more

above the axle weight at the time of such violation as indicated by at

least two independently detected gross vehicle weight and/or axle weight

measurements obtained by a weigh in motion violation monitoring system,

and such violation is evidenced by information obtained from a weigh in

motion 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 section three hundred eighty-five of this article and the

rules of the applicable covered agency or covered authority in relation

to gross vehicle weight and/or axle weight; or operated such vehicle in

accordance with the terms and conditions of any overweight permit issued

in accordance with this chapter and any rules and regulations

promulgated thereto. Where a vehicle is in violation of both gross

vehicle weight restrictions and axle weight restrictions, the owner

shall be liable for a separate penalty for each such violation.

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

the bridge authority, the chair of the port authority of New York and

New Jersey, or the president of the triborough bridge and tunnel

authority, as applicable;

3. "covered agency" shall mean the city of New York;

4. "covered authority" shall mean the bridge authority, the thruway

authority, the triborough bridge and tunnel authority, and the port

authority of New York and New Jersey;

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

chapter;

6. "port authority of New York and New Jersey" shall mean that body

corporate and politic created pursuant to article three of chapter one

hundred fifty-four of the laws of nineteen hundred twenty-one, and

designated as "The Port Authority of New York and New Jersey" by such

chapter;

7. "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;

8. "triborough bridge and tunnel authority" shall mean the corporation

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

authorities law;

9. "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;

10. "weigh in motion violation monitoring system" shall mean sensors,

capable of operating independently of an enforcement officer, installed

to work in conjunction with other devices to capture and record the

gross vehicle weight and the axle weight of a motor vehicle, which

produce at least two independently detected gross vehicle weight and/or

axle weight measurements and automatically produce 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 section three hundred eighty-five of this article and the rules of

the applicable covered agency or covered authority in relation to gross

vehicle weight and/or axle weight, in accordance with the provisions of

this section;

11. "weigh in motion demonstration program" shall mean the

demonstration program authorized by this section that operates

exclusively on covered locations;

12. "interstate route 278 in Kings county" shall mean that portion of

interstate route 278 specifically from the vicinity of Atlantic avenue

to the vicinity of Sands street in Kings county, state of New York; and

13. "Rules of the applicable covered agency or covered authority"

shall mean rules and regulations in relation to gross vehicle weight

and/or axle weight of the following, as applicable: the New York city

department of transportation adopted pursuant to section sixteen hundred

forty-two of this chapter; the thruway authority adopted pursuant to

sections three hundred eighty-five and sixteen hundred thirty of this

chapter; the triborough bridge and tunnel authority and the bridge

authority adopted pursuant to section sixteen hundred thirty of this

chapter; and the port authority of New York and New Jersey adopted

pursuant to article six of chapter one hundred fifty-four of the laws of

nineteen hundred twenty-one and chapter forty-three of the laws of

nineteen hundred twenty-two.

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

the applicable covered agency or covered authority, or a facsimile

thereof, based upon inspection of photographs, microphotographs,

videotape or other recorded images, and information and data generated

in conjunction therewith, produced by a weigh in motion violation

monitoring system, shall be prima facie evidence of the facts contained

therein. Nothing contained in this subdivision shall be deemed to

require the signature of a notary public on such certificate. Any

photographs, microphotographs, videotape or other recorded images

evidencing such a violation shall include an image of the motor vehicle

alleged to be in violation and the information and data generated in

conjunction therewith 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 section three hundred

eighty-five of this article and the rules of the applicable covered

agency or covered authority in relation to gross vehicle weight and/or

axle weight pursuant to a weigh in motion demonstration program

established pursuant to this section shall be liable for monetary

penalties not to exceed one thousand two hundred dollars for each

violation; 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 weigh in motion 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 section three

hundred eighty-five of this article and the rules of the applicable

covered agency or covered authority in relation to gross vehicle weight

and/or axle weight 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 section three

hundred eighty-five of this article and the rules of the applicable

covered agency or covered authority in relation to gross vehicle weight

and/or axle weight pursuant to this section, the United States

department of transportation number of the vehicle involved in such

violation, the registration number of the vehicle involved in such

violation, the gross vehicle weight and/or axle weight measured, the

location where such violation took place, the date and time of such

violation, the identification number of the weigh in motion violation

monitoring system which recorded the violation or other document locator

number, one or more date and time stamped images identifying the motor

vehicle and the information and data evidencing the alleged violation,

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 they 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

applicable covered agency or covered authority, or by any other entity

authorized by the applicable covered agency or covered authority 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. Provided, however, that a notice of

liability imposed upon owners by this section where the violation

occurred on a covered location located within a city with a population

of one million or more shall be adjudicated 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 section three hundred eighty-five of this

article and the rules of the applicable covered agency or covered

authority in relation to gross vehicle weight and/or axle weight

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 applicable covered agency or covered authority, or 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 applicable covered agency or covered authority 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 section three hundred

eighty-five of this article and the rules of the applicable covered

agency or covered authority in relation to gross vehicle weight and/or

axle weight pursuant to this section, provided that such owner sends to

the applicable covered agency or covered authority, 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 section three hundred

eighty-five of this article and the rules of the applicable covered

agency or covered authority in relation to gross vehicle weight and/or

axle weight 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 applicable covered agency

or covered authority from later submitting such information to the

traffic violations bureau or court having jurisdiction as provided by

this paragraph.

2. In a city which, by local law, has authorized the adjudication of

liability imposed upon owners by this section by a parking violations

bureau and in a city with a population of one million or more, 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 section three hundred eighty-five of this article and the

rules of the applicable covered agency or covered authority in relation

to gross vehicle weight and/or axle weight pursuant to this section,

provided that:

(i) 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

(ii) (A) within thirty-seven days after receiving notice from such

bureau of the date and time of a liability, together with the other

information contained in the original notice of liability, the lessor

submits to such bureau the correct name and address of the lessee of the

vehicle identified in the notice of liability at the time of such

violation, together with such other additional information contained in

the rental, lease or other contract document, as may be reasonably

required by such bureau pursuant to regulations that may be promulgated

for such purpose; or

(B) no later than the time period prescribed by clause (A) of this

subparagraph, the lessor submits to the applicable covered agency or

covered authority 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 clause shall be deemed to prohibit a lessor which submits

information pursuant to this clause to the applicable covered agency or

covered authority from later submitting such information to the bureau

as provided by clause (A) of this subparagraph.

3. Failure to comply with subparagraph (ii) of paragraph two of this

subdivision shall render the owner liable for the penalty prescribed in

this section.

4. Where the lessor complies with the provisions of paragraph two of

this subdivision, the lessee of such vehicle on the date of such

violation shall be deemed to be the owner of such vehicle for purposes

of this section, shall be subject to liability for such violation

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

pursuant to subdivision (g) of this section.

(k) 1. If the owner liable for a violation of section three hundred

eighty-five of this article and the rules of the applicable covered

agency or covered authority in relation to gross vehicle weight and/or

axle weight 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 section three hundred eighty-five of this

article and the rules of the applicable covered agency or covered

authority in relation to gross vehicle weight and/or axle weight. 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 section three hundred eighty-five of this article and the rules of

the applicable covered agency or covered authority in relation to gross

vehicle weight and/or axle weight.

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

of an operator of a vehicle for any violation of section three hundred

eighty-five of this article and the rules of the applicable covered

agency or covered authority in relation to gross vehicle weight and/or

axle weight.

(m) If a covered agency or covered authority adopts a demonstration

program pursuant to subdivision (a) of this section it shall conduct a

study and submit a report on the results of the use of weigh in motion

violation monitoring systems to the governor, the temporary president of

the senate and the speaker of the assembly on or before June first, two

thousand twenty-six and on the same date every two years thereafter in

which the demonstration program is operable. Such covered agency or

covered authority shall also post such annual report on its website.

Such report shall include:

1. the locations where and dates when weigh in motion violation

monitoring systems were used;

2. the total number of trucks weighed and the total number of

violations recorded by weigh in motion violation monitoring systems in

accordance with this section in the aggregate on a daily, weekly and

monthly basis;

3. the total number of violations recorded by weigh in motion

violation monitoring systems that were either ten percent or more above

the gross vehicle weight or twenty percent or more above the axle

weight;

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

recorded by such weigh in motion systems;

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

notice of liability issued for violations recorded by weigh in motion

systems;

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

adjudications including breakdowns of dispositions made for violations

recorded by weigh in motion systems;

7. the total amount of revenue realized by the applicable covered

agency or covered authority in connection with the program;

8. the expenses incurred by the applicable covered agency or covered

authority in connection with the program;

9. the quality of the adjudication process and its results; and

10. the total capital amount spent on repair, reconstruction, and/or

maintenance on each applicable covered location, including, for the city

of New York, the total capital amount spent on repair or reconstruction

of interstate route 278 in Kings county and the total capital amount

spent on repair or reconstruction of interstate route 278 specifically

from the vicinity of Atlantic avenue to the vicinity of Sands street in

Kings county.

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

section three hundred eighty-five of this article and the rules of the

applicable covered agency or covered authority in relation to gross

vehicle weight and/or axle weight pursuant to this section that such

weigh in motion violation monitoring system was malfunctioning at the

time of the alleged violation.

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

section three hundred eighty-five of this article and the rules of the

applicable covered agency or covered authority in relation to gross

vehicle weight and/or axle weight pursuant to this section that:

1. the operator of the motor vehicle alleged to be in violation

operated such vehicle in accordance with the terms and conditions of any

overweight permit issued in accordance with this chapter and any rules

and regulations promulgated thereto; or

2. the owner of the motor vehicle alleged to be in violation has

received notices of liability for no less than two other violations of

section three hundred eighty-five of this article and the rules of the

applicable covered agency or covered authority in relation to gross

vehicle weight and/or axle weight pursuant to this section for the same

motor vehicle occurring within the same twenty-four hour period as such

violation, and has been found liable for such other violations and paid

all applicable fines and penalties for such other violations.

* NB Repealed December 1, 2030