2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 24 - (1110 - 1117) TRAFFIC SIGNS, SIGNALS AND MARKINGS
1111-B*2 - Owner liability for failure of operator to comply with traffic-control indications.


NY Veh & Traf L § 1111-B*2 (2012) What's This?
 
    * §  1111-b.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law, the city of Yonkers 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 such city to install and operate traffic-control
  signal photo violation-monitoring devices at no  more  than  twenty-five
  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 such 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 of Yonkers 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 if such city 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 of
  Yonkers, or by any other entity authorized by such 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
  if such 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.
    (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 such 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  such  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 such 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  ten  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. 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. 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
    * NB There are 6 § 1111-b's

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