§ 1111-B*2 — Owner liability for failure of operator to comply with traffic-control indications

* § 1111-b. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of Yonkers is hereby authorized and empowered to adopt\nand amend a local law or ordinance establishing a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with traffic-control indications in such city\nin accordance with the provisions of this section. Such demonstration\nprogram shall empower such city to install and operate traffic-control\nsignal photo violation-monitoring devices at no more than twenty-five\nintersections within such city at any one time.\n 2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Yonkers in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n 2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n 3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n 4. The notice of liability shall be prepared and mailed by the city of\nYonkers, or by any other entity authorized by such city to prepare and\nmail such notification of violation.\n (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n 2. (i) In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n (ii) Failure to comply with clause (B) of subparagraph (i) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n (iii) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n 2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand ten and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include, but not be\nlimited to:\n 1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n 2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n 3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n 4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n 5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n 6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n 7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n 8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n 9. expenses incurred by such city in connection with the program; and\n 10. quality of the adjudication process and its results.\n (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n * NB Repealed December 1, 2029\n * NB There are 3 § 1111-b's\n