2006 New York Code - Ownership And Operation Of Vehicles; Liability.

 
    § 239. Ownership and operation of vehicles; liability. 1. Definitions.
  Whenever  used  in  this  article,  the  following  terms shall have the
  following meanings:
    a. "Owner" means any person, corporation, partnership,  firm,  agency,
  association,  lessor, or organization who at the time of the issuance of
  a notice of violation in any city in which a vehicle is operated:
    (1) is the beneficial or equitable owner of such vehicle; or
    (2) has title to such vehicle; or
    (3) is the registrant  or  co-registrant  of  such  vehicle  which  is
  registered  with  the  department of motor vehicles of this state or any
  other  state,   territory,   district,   province,   nation   or   other
  jurisdiction; or
    (4)  uses such vehicle in its vehicle renting and/or leasing business;
  or
    (5) is an owner of such vehicle as  defined  by  section  one  hundred
  twenty-eight  of  this  chapter or subdivision (a) of section twenty-one
  hundred one of this chapter.
    b. "Lessor" means any person, corporation, firm, partnership,  agency,
  association  or  organization  engaged  in  the  business  of renting or
  leasing vehicles to any lessee or bailee under a rental agreement, lease
  or otherwise, wherein the said lessee or bailee has the exclusive use of
  said vehicle for any period of time.
    c. "Lessee" means any person, corporation, firm, partnership,  agency,
  association  or  organization that rents, bails, leases or contracts for
  the use of one or more vehicles and has the exclusive  use  thereof  for
  any period of time.
    d.  "Vehicle"  means  a  vehicle  as  defined  in  section one hundred
  fifty-nine of this chapter.
    e.  "Operator"  means  any  person,  corporation,  firm,  partnership,
  agency,  association,  organization  or  lessee  that uses or operates a
  vehicle with or without the permission of the owner, and  an  owner  who
  operates his own vehicle.
    * f.  "Notice  of violation" means a notice of violation as defined in
  subdivision nine of section two hundred thirty-seven  of  this  article,
  but shall not be deemed to include a notice of liability issued pursuant
  to  authorization  set  forth in section eleven hundred eleven-a of this
  chapter and shall not be deemed to include a notice of liability  issued
  pursuant  to section two thousand nine hundred eighty-five of the public
  authorities law and  sections  sixteen-a,  sixteen-b  and  sixteen-c  of
  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
  fifty.
    * NB Effective until December 1, 2009
    * f. "Notice of violation" means a notice of violation as  defined  in
  subdivision nine of section two hundred thirty-seven of this article.
    * NB Effective December 1, 2009
    g.  "Fiscal  year"  means a period of one year commencing on the first
  day of July and terminating on the thirtieth day of June.
    h. "Primary filing" means the initial  filing  of  registration  plate
  numbers by a lessor prior to the commencement of each fiscal year.
    2.  Liability.  a.  The  operator of a vehicle shall be liable for the
  fines or penalties imposed pursuant to this article. Except as otherwise
  provided in paragraphs b and e of this subdivision,  the  owner  of  the
  vehicle,  even  if  not  the  operator  thereof,  shall  be  jointly and
  severally liable with the operator thereof, if such vehicle was used  or
  operated  with  the  permission of the owner, express or implied, but in
  such case the owner may recover any fine or penalties paid by  him  from
  the operator.
    b.  The  lessor  of  a  motor vehicle shall not be liable for fines or
  penalties imposed pursuant to this article if:
    (1)  prior to the infraction, the lessor has filed with the bureau the
  registration plate number, plate type, and place of registration of  the
  vehicle  to  which  the  notice  of  violation  was  issued and paid the
  required filing fee provided in paragraph f of this subdivision and,
    (2) within thirty-seven days after receiving notice from the bureau of
  the date and time of a violation, together with  the  other  information
  contained in the original notice of violation, the lessor submits to the
  bureau  the  correct  name  and  address  of  the  lessee of the vehicle
  identified in the notice of violation 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.
    c. If the lessor has complied with subparagraph one of paragraph b  of
  this  subdivision  such  lessor shall not be liable for any penalties in
  excess of the scheduled fine unless such lessor fails to  appear  within
  thirty-seven days of actual receipt of a notice of violation pursuant to
  paragraph e of this subdivision.
    d. If the lessor who has complied with subparagraph one of paragraph b
  of  this subdivision has paid any fine or penalty for which he is liable
  and the bureau subsequently collects from the  operator  or  lessee  the
  amount  of  the  scheduled  fine and penalty owed by such person, or any
  portion thereof, the lessor shall be entitled to reimbursement from  the
  bureau  of  the  amount of the fine and penalty paid by the lessor, less
  the bureau's costs of collection.
    e. The lessor shall not be  liable  for  any  fines  or  penalties  in
  connection  with  a notice of violation for a vehicle whose registration
  plate number is filed and the fee therefor paid prior to the time of the
  issuance of notice of violation, unless the lessor shall receive  notice
  from  the  bureau  of the date and time of such violation, together with
  the other information contained in the  original  notice  of  violation,
  within  ninety  days  after  service  of  the  notice  of  violation, in
  accordance with subdivision two of section two hundred  thirty-eight  of
  this article.
    f.  The  annual  fee  for  filing a registration plate number with the
  bureau by lessors under this section shall be twelve dollars per  fiscal
  year.   Lessors shall also provide the bureau with such other additional
  information in such format as the bureau by  regulation  may  reasonably
  require.  The  registration  plate  number shall not be considered filed
  with the bureau unless the  annual  filing  fee  provided  for  in  this
  subdivision  shall  have  been  paid. Lessors shall not be entitled to a
  refund, reduction, credit or other consideration in connection with such
  annual filing fee in the event that such registration  plate  number  is
  withdrawn  from service, destroyed or surrendered during the fiscal year
  for which such registration plate number shall have been filed.  In  the
  event  that  a  lessor  files with the bureau registration plate numbers
  during the fiscal year, the annual filing fee for same shall be prorated
  on a monthly basis, in accordance with a schedule that the bureau  shall
  promulgate  by  regulation  for such purpose. The primary filing by each
  lessor for each fiscal year shall be made at least thirty days prior  to
  the commencement of the fiscal year.
    g.  Where  the United States postal authorities return to the bureau a
  delinquency notice forwarded by the bureau to a name and  address  of  a
  lessee  furnished  by  a  lessor  in  accordance with provisions of this
  section, such  return  notice  shall  be  presumptive  evidence  of  the
  furnishing  of  an  incorrect name and address by the lessor. The lessor
  may, however, conclusively rebut such presumption if within  sixty  days
  after  receiving  notification  from  the  bureau  of such returned mail
  notice, the lessor shall provide to the bureau  a  copy  of  the  rental
  agreement  or  lease  agreement  for such lessee containing the name and
  address  previously  furnished to the bureau. In the event that a lessor
  shall fail to rebut the presumption established by this subdivision, the
  lessor shall be liable for the fines imposed pursuant  to  this  article
  and  in  accordance  with  the  rules and regulations promulgated by the
  bureau.
    h. The bureau shall by rules and regulations prescribe the manner  and
  method of giving notice of outstanding violations to the lessees, except
  that  notices  of impending default judgment shall be forwarded by first
  class mail, in accordance with subdivision two of  section  two  hundred
  forty-one  of  this  article.  All notices to lessors under this section
  shall be by first class mail to the address on file with the  bureau  or
  by  such  other  means  as  shall  be  provided  for  in  the  rules and
  regulations of the bureau.
    i. A lessor shall cooperate with the  bureau  in  the  enforcement  of
  judgments  rendered  against  lessees  or  providing  the bureau, or its
  designated agents, with such other additional information  as  shall  be
  contained in such lessor's rental or lease agreements with their lessees
  as shall be available to them.
    3.  Stolen vehicles. If any owner of a motor vehicle receives a notice
  of violation for a period during which the illegally parked vehicle  was
  reported  to  any police department as having been stolen, it shall be a
  valid defense to any charge  of  a  parking  violation  that  the  motor
  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  the
  purposes of asserting the defense provided by this subdivision, it shall
  be  sufficient  that a certified copy of the police report of the stolen
  vehicle be mailed to the bureau.
    * 4. Applicability. The provisions of paragraph b of  subdivision  two
  and  subdivision  three  of  this  section  shall  not  be applicable to
  determinations of owner liability for the  failure  of  an  operator  to
  comply  with  subdivision  (d)  of section eleven hundred eleven of this
  chapter and shall not be applicable to determinations of owner liability
  imposed pursuant to section two thousand nine hundred eighty-five of the
  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
  fifty.
    * NB Repealed December 1, 2009