2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 24 - (1110 - 1117) TRAFFIC SIGNS, SIGNALS AND MARKINGS
1111-A - Owner liability for failure of operator to comply with traffic-control indications.


NY Veh & Traf L § 1111-A (2012) What's This?
 
    * § 1111-a. Owner  liability  for  failure  of operator to comply with
  traffic-control indications. (a) 1. 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
  violation-monitoring  devices  at  no  more  than  one   hundred   fifty
  intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (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  photo  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 photo 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
  photo  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 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) 1. 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.
    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  failed  to
  obey  a  traffic-control  indication.  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 failed to obey a traffic-control indication.
    (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 an annual report
  on   the   results   of  the  use  of  a  traffic-control  signal  photo
  violation-monitoring system to the governor, the temporary president  of

  the  senate and the speaker of the assembly on or before June first, two
  thousand seven and on the same date in each succeeding year in which the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. within each borough of such city, the aggregate  number,  type  and
  severity  of accidents reported at intersections where a traffic-control
  signal photo violation-monitoring system is used for the year  preceding
  the  installation  of  such  system,  to  the  extent the information is
  maintained by the department of motor vehicles of this state;
    3. within each borough of such city, the aggregate  number,  type  and
  severity  of accidents reported at intersections where a traffic-control
  signal photo violation-monitoring system is  used,  to  the  extent  the
  information  is  maintained  by the department of motor vehicles of this
  state;
    4. the number of violations recorded  at  each  intersection  where  a
  traffic-control  signal photo violation-monitoring system is used and in
  the aggregate on a daily, weekly and monthly basis;
    5. the total number of notices  of  liability  issued  for  violations
  recorded by such systems;
    6.  the  number  of  fines  and total amount of fines paid after first
  notice of liability issued for violations recorded by such systems;
    7.  the  number  of  violations  adjudicated  and  results   of   such
  adjudications  including  breakdowns of dispositions made for violations
  recorded by such systems;
    8. the total amount  of  revenue  realized  by  such  city  from  such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n)  It  shall  be  a  defense  to  any prosecution 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
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2014

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