2006 New York Code - Owner Liability For Failure Of Operator To Comply With Traffic-control Indications.

 
    * § 1111-a. Owner  liability  for  failure  of operator to comply with
  traffic-control indications. (a) Notwithstanding any other provision  of
  law,  each  city  with  a  population  of  one million or more is hereby
  authorized and empowered to adopt and amend a  local  law  or  ordinance
  establishing  a demonstration program imposing monetary liability on the
  owner of a vehicle for failure of an operator  thereof  to  comply  with
  traffic-control   indications  in  such  city  in  accordance  with  the
  provisions of this section. Such demonstration program shall  empower  a
  city  to  install  and  operate  traffic-control signal photo-monitoring
  devices at no more than fifty intersections within such city at any  one
  time.
    (b) In any city which has adopted a local law or ordinance pursuant to
  subdivision  (a) of this section, the owner of a vehicle shall be liable
  for a penalty imposed pursuant to this section if such vehicle was  used
  or  operated  with  the  permission of the owner, express or implied, in
  violation of subdivision (d) of section eleven hundred  eleven  of  this
  article,  and such violation is evidenced by information obtained from a
  traffic-control signal  violation-monitoring  system;  provided  however
  that  no  owner  of  a  vehicle  shall  be  liable for a penalty imposed
  pursuant to this section where the operator of  such  vehicle  has  been
  convicted  of  the  underlying  violation  of subdivision (d) of section
  eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control   signal  violation-monitoring  system"  shall  mean  a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal which automatically produces two or more photographs, two or more
  microphotographs,  a  videotape or other recorded images of each vehicle
  at the time it is used or operated in violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city in  which  the  charged  violation  occurred,  or  a  facsimile
  thereof,   based   upon  inspection  of  photographs,  microphotographs,
  videotape or other recorded images produced by a traffic-control  signal
  violation-monitoring  system, shall by prima facie evidence of the facts
  contained therein. Any photographs, microphotographs, videotape or other
  recorded images evidencing such  a  violation  shall  be  available  for
  inspection  in  any  proceeding  to  adjudicate  the  liability for such
  violation pursuant to a local law or ordinance adopted pursuant to  this
  section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that in a  city  which,  by
  local  law, has authorized the adjudication of such owner liability by a
  parking violations bureau, such schedule shall be  promulgated  by  such
  bureau.    The liability of the owner pursuant to this section shall not
  exceed fifty dollars for each violation; provided,  however,  that  such
  local  law  or  ordinance  may  provide for an additional penalty not in
  excess of twenty-five dollars for each  violation  for  the  failure  to
  respond to a notice of liability within the prescribed time period.
    (f)  An imposition of liability under a local law or ordinance adopted
  pursuant to this section shall not be deemed a conviction as an operator
  and shall not be made part of the operating record of  the  person  upon
  whom  such  liability  is  imposed  nor  shall  it be used for insurance
  purposes in the provision of motor vehicle insurance coverage.
    (g) 1. A notice of liability shall be sent by first class mail to each
  person alleged to be liable as an owner for a violation  of  subdivision
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. Personal delivery on the owner shall not be required. A  manual
  or  automatic  record  of  mailing  prepared  in  the ordinary course of
  business shall be prima facie evidence of the facts contained therein.
    2. A notice of liability shall contain the name  and  address  of  the
  person  alleged  to be liable as an owner for a violation of subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section,  the  registration  number  of  the  vehicle  involved  in such
  violation, the location where such violation took place,  the  date  and
  time of such violation and the identification number of the camera which
  recorded the violation or other document locator number.
    3.  The  notice  of  liability  shall contain information advising the
  person charged of the manner and the time in which he  may  contest  the
  liability  alleged  in  the  notice. Such notice of liability shall also
  contain a warning to advise the persons charged that failure to  contest
  in  the  manner  and  time  provided  shall  be  deemed  an admission of
  liability and that a default judgment may be entered thereon.
    4. The notice of liability shall be prepared and mailed  by  the  city
  having  jurisdiction over the intersection where the violation occurred,
  or by any other entity authorized by the city to prepare and  mail  such
  notification of violation.
    (h)  Adjudication of the liability imposed upon owners by this section
  shall be by a traffic violations bureau established pursuant to  section
  three hundred seventy of the general municipal law or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  any city which has established an administrative tribunal  to  hear  and
  determine   complaints  of  traffic  infractions  constituting  parking,
  standing or stopping  violations  may,  by  local  law,  authorize  such
  adjudication by such tribunal.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the vehicle was reported to the
  police department as having been stolen, it shall be a valid defense  to
  an allegation of liability for a violation of subdivision (d) of section
  eleven  hundred eleven of this article pursuant to this section that the
  vehicle had been reported to the police as stolen prior to the time  the
  violation occurred and had not been recovered by such time. For purposes
  of  asserting  the  defense  provided  by  this  subdivision it shall be
  sufficient that a certified copy of the  police  report  on  the  stolen
  vehicle  be  sent  by first class mail to the traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In a city where the  adjudication  of  liability  imposed  upon
  owners  pursuant  to this section is by a traffic violations bureau or a
  court having jurisdiction, an owner who is a  lessor  of  a  vehicle  to
  which  a  notice  of liability was issued pursuant to subdivision (g) of
  this section shall not be liable for the violation of subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  to  the  traffic violations bureau or court having jurisdiction a
  copy of the rental, lease or other such contract document covering  such
  vehicle  on  the date of the violation, with the name and address of the
  lessee clearly legible, within thirty-seven days after receiving  notice
  from  the  bureau  or  court  of  the  date  and time of such violation,
  together with the other information contained in the original notice  of
  liability. Failure to send such information within such thirty-seven day
  time  period shall render the owner liable for the penalty prescribed by
  this section. Where the lessor complies  with  the  provisions  of  this
  paragraph,  the  lessee  of  such  vehicle on the date of such violation
  shall be deemed to be the owner of such vehicle  for  purposes  of  this
  section,  shall be subject to liability for the violation of subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section  and shall be sent a notice of liability pursuant to subdivision
  (g) of this section.
    2. (i) In a city which, by local law, has authorized the  adjudication
  of liability imposed upon owners by this section by a parking violations
  bureau,  an  owner  who  is  a  lessor of a vehicle to which a notice of
  liability was issued pursuant to subdivision (g) of this  section  shall
  not  be  liable  for  the violation of subdivision (d) of section eleven
  hundred eleven of this article, provided that:
    (A) prior to the violation, the lessor has filed with  the  bureau  in
  accordance  with  the  provisions  of section two hundred thirty-nine of
  this chapter; and
    (B) within thirty-seven days after receiving notice from the bureau of
  the date and time of a liability, together with  the  other  information
  contained in the original notice of liability, the lessor submits to the
  bureau  the  correct  name  and  address  of  the  lessee of the vehicle
  identified in the notice of liability at the  time  of  such  violation,
  together with such other additional information contained in the rental,
  lease  or  other contract document, as may be reasonably required by the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this
  paragraph  shall  render  the owner liable for the penalty prescribed in
  this section.
    (iii) Where the lessor complies with the provisions of this paragraph,
  the lessee of such vehicle on the date of such violation shall be deemed
  to be the owner of such vehicle for purposes of this section,  shall  be
  subject  to  liability  for  such violation pursuant to this section and
  shall be sent a notice of liability pursuant to subdivision (g) of  this
  section.
    (k)  If the owner liable for a violation of subdivision (d) of section
  eleven hundred eleven of this article pursuant to this section  was  not
  the  operator of the vehicle at the time of the violation, the owner may
  maintain an action for indemnification against the operator.
    (l) Nothing in this section shall be construed to limit the  liability
  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
  section eleven hundred eleven of this article.
    (m) In any city which  adopts  a  demonstration  program  pursuant  to
  subdivision  (a) of this section, such city shall submit a report on the
  results of the use of a traffic-control signal  photo-monitoring  system
  to  the  governor, the temporary president of the senate and the speaker
  of the assembly by March first, two thousand  nine.  Such  report  shall
  include, but not be limited to:
    1.  a  description  of  the  locations  where  traffic-control  signal
  photo-monitoring systems were used;
    2. the number of violations recorded at each intersection and  in  the
  aggregate on a daily, weekly and monthly basis;
    3. the total number of notices of liability issued;
    4.  the  number  of  fines  and total amount of fines paid after first
  notice of liability;
    5.  the  number  of  violations  adjudicated  and  results   of   such
  adjudications including breakdowns of dispositions made;
    6. the total amount of revenue realized by such city; and
    7. quality of the adjudication process and its results.
    * NB Repealed December 1, 2009