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*3 - Owner liability for failure of operator to comply with traffic-control indications.


NY Veh & Traf L § 1111-B*3 (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 Buffalo 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   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 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 Buffalo 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
  Buffalo, 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 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 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 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 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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