§ 1111-C-1 — Owner liability for failure of operator to comply with bus operation-related traffic regulations

New York § 1111-C-1

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 24: Traffic Signs, Signals and Markings

Text

* § 1111-c-1. Owner liability for failure of operator to comply with\nbus operation-related traffic regulations. (a) 1. Notwithstanding any\nother provision of law, the city of New York is hereby authorized and\nempowered to establish a demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with bus operation-related traffic regulations, in accordance\nwith the provisions of this section. The New York city department of\ntransportation and/or applicable mass transit agency, for purposes of\nthe implementation of such program, shall operate bus operation-related\nphoto devices that may be stationary or mobile and shall be activated at\nlocations determined by such department of transportation and/or on\nbuses selected by such department of transportation in consultation with\nthe applicable mass transit agency.\n 2. Any photographs, microphotographs, videotape or other recorded\nimages captured by bus operation-related photo devices shall be\ninadmissible in any disciplinary proceeding convened by the applicable\nmass transit agency or any subsidiary thereof and any proceeding\ninitiated by the department involving licensure privileges of bus\noperators. Any mobile bus operation-related photo device mounted on a\nbus shall be directed outwardly from such bus to capture images of\nvehicles operated in violation of bus operation-related traffic\nregulations, and images produced by such device shall not be used for\nany other purpose in the absence of a court order requiring such images\nto be produced.\n 3. (i) The city of New York shall adopt and enforce measures to\nprotect the privacy of drivers, passengers, pedestrians and cyclists\nwhose identity and identifying information may be captured by a bus\noperation-related photo device. Such measures shall include:\n (A) utilization of necessary technologies to ensure, to the extent\npracticable, that photographs, microphotographs, videotape or other\nrecorded images produced by such bus operation-related photo devices\nshall not include images that identify the driver, the passengers, or\nthe contents of the vehicle. Provided, however, that no notice of\nliability issued pursuant to this section shall be dismissed solely\nbecause such a photograph, microphotograph, videotape or other recorded\nimage allows for the identification of the driver, the passengers, or\nthe contents of a vehicle where the city shows that it made reasonable\nefforts to comply with the provisions of this paragraph in such case;\n (B) the installation of signage that is clearly visible to drivers at\nregular intervals along and adjacent to roadways upon which mobile\nand/or stationary bus operation-related photo devices are operated\npursuant to a demonstration program authorized pursuant to this section\nstating that mobile and/or stationary bus operation-related photo\ndevices are used to enforce bus operation-related traffic regulations,\nin conformance with standards established in the MUTCD; and\n (C) oversight procedures to ensure compliance with the privacy\nprotection measures under this subdivision.\n (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a bus operation-related photo device shall be for the\nexclusive use of the city of New York for the purpose of the\nadjudication of liability imposed pursuant to this section and of the\nowner receiving a notice of liability pursuant to this section, and\nshall be destroyed by such city upon the final resolution of the notice\nof liability to which such photographs, microphotographs, videotape or\nother recorded images relate, or one year following the date of issuance\nof such notice of liability, whichever is later. Notwithstanding the\nprovisions of any other law, rule or regulation to the contrary,\nphotographs, microphotographs, videotape or any other recorded image\nfrom a bus operation-related photo device shall not be open to the\npublic, nor subject to civil or criminal process or discovery, nor used\nby any court or administrative or adjudicatory body in any action or\nproceeding therein except that which is necessary for the adjudication\nof a notice of liability issued pursuant to this section, and no public\nentity or employee, officer or agent thereof shall disclose such\ninformation, except that such photographs, microphotographs, videotape\nor any other recorded images from such systems:\n (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n (iii) The demonstration program authorized pursuant to this section is\nprohibited from utilizing and from arranging for the utilization of\nbiometric identifying technology, including but not limited to facial\nrecognition technology, for any purpose. The use, and the arrangement\nfor the use, of biometric identifying technology, including but not\nlimited to facial recognition technology, on photographs,\nmicrophotographs, videotape, or any other recorded image or data\nproduced by a bus operation-related photo device, by any person for any\npurpose, are prohibited. For purposes of this subparagraph, "person"\nshall include, but not be limited to, a human being, a public or private\ncorporation, an unincorporated association, a partnership, a government\nor a governmental instrumentality, a court or an administrative or\nadjudicatory body, and any employee, officer, and agent of the\nforegoing.\n (iv) Any applicable mass transit agency operating bus\noperation-related photo devices shall be prohibited from accessing any\nphotographs, microphotographs, videotapes, other recorded images or data\nfrom bus operation-related photo devices but shall provide, pursuant to\nan agreement with the city of New York, for the proper handling and\ncustody of such photographs, microphotographs, videotapes, other\nrecorded images and data produced by such systems, and for the\nforwarding of such photographs, microphotographs, videotapes, other\nrecorded images and data to such city for the purpose of determining\nwhether a motor vehicle was operated in violation of bus\noperation-related traffic regulations and imposing monetary liability on\nthe owner of such motor vehicle therefor.\n (v) Every bus upon which a mobile bus operation-related photo device\nis installed and operated pursuant to a demonstration program authorized\npursuant to this section shall be equipped with signs, placards or other\ndisplays giving notice to approaching motor vehicle operators that bus\noperation-related photo devices are used to enforce bus\noperation-related traffic regulations.\n (b) Warning notices of violation shall be issued during the first\nsixty days that bus operation-related photo devices pursuant to a\ndemonstration program authorized by this section are active and in\noperation.\n (c) If the city of New York has established a demonstration program\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 any bus operation-related traffic\nregulations and such violation is evidenced by information obtained from\na bus operation-related photo device; provided however that no owner of\na vehicle shall be liable for a penalty imposed pursuant to this section\nwhere the operator of such vehicle has been convicted of the underlying\nviolation of such bus operation-related traffic regulation.\n (d) For purposes of this section the following terms shall have the\nfollowing meanings:\n 1. "owner" shall have the meaning provided in article two-B of this\nchapter.\n 2. "bus operation-related photo device" shall mean a device that is\ncapable of operating independently of an enforcement officer and\nproduces one or more images of each vehicle at the time it is in\nviolation of a bus operation-related traffic regulation.\n 3. "bus operation-related traffic regulations" shall mean the\nfollowing provisions set forth in chapter four of title thirty-four of\nthe rules of the city of New York, adopted pursuant to section sixteen\nhundred forty-two of this chapter: 4-08(c)(3), violation of posted no\nstanding rules prohibited-bus stop; 4-08(e)(9), general no stopping\nzones-bicycle lanes; 4-08(f)(1), general no standing zones-double\nparking; and 4-08(f)(4), general no standing zones-bus lane.\n 4. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter.\n 5. "biometric identifying technology" shall mean any tool using an\nautomated or semi-automated process that assists in verifying a person's\nidentity based on a person's biometric information.\n 6. "biometric information" shall mean any measurable physical,\nphysiological or behavioral characteristics that are attributable to a\nperson, including but not limited to facial characteristics, fingerprint\ncharacteristics, hand characteristics, eye characteristics, vocal\ncharacteristics, and any other characteristics that can be used to\nidentify a person including, but not limited to: fingerprints;\nhandprints; retina and iris patterns; DNA sequence; voice; gait; and\nfacial geometry.\n 7. "facial recognition" shall mean any tool using an automated or\nsemi-automated process that assists in uniquely identifying or verifying\na person by comparing and analyzing patterns based on the person's face.\n (e) A certificate, sworn to or affirmed by a technician employed by\nthe city of New York in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a bus\noperation-related photo device, shall be prima facie evidence of the\nfacts contained therein. Any photographs, microphotographs, videotape or\nother recorded images evidencing such a violation shall be available for\ninspection in any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n (f) An owner liable for a violation of a bus operation-related traffic\nregulation pursuant to a demonstration program established pursuant to\nthis section shall be liable for monetary penalties in accordance with a\nschedule of fines and penalties to be promulgated by the parking\nviolations bureau of the city of New York. The liability of the owner\npursuant to this section shall not exceed fifty dollars for a first\nviolation, one hundred dollars for a second violation within a\ntwelve-month period, one hundred fifty dollars for a third violation\nwithin a twelve-month period, two hundred dollars for a fourth violation\nwithin a twelve-month period, and two hundred fifty dollars for each\nsubsequent violation within a twelve-month period; provided, however,\nthat an owner shall be liable for an additional penalty not to exceed\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n (g) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction of\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed, nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n (h) 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 a bus\noperation-related traffic regulation. Personal delivery to the owner\nshall not be required. A manual or automatic record of mailing prepared\nin the ordinary course of business shall be prima facie evidence of the\nfacts 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 a bus\noperation-related traffic regulation, the registration number of the\nvehicle involved in such violation, the location where such violation\ntook place including the street address or cross streets, one or more\nimages identifying the violation, the date and time of such violation,\nthe identification number of the bus operation-related photo device\nwhich recorded the violation or other document locator number, and\nwhether the device was stationary or mobile. If the bus\noperation-related photo device was mobile, an identity of the vehicle\ncontaining such bus operation-related photo device shall be included in\nthe notice.\n 3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability 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 agency\nor agencies designated by the city of New York, or any other entity\nauthorized by such city to prepare and mail such notice of liability.\n (i) Adjudication of the liability imposed upon owners by this section\nshall be conducted by the New York city parking violations bureau.\n (j) If an owner of a vehicle receives a notice of liability pursuant\nto this section for any time period during which such vehicle was\nreported to the police department as having been stolen, it shall be a\nvalid defense to an allegation of liability for a violation of a bus\noperation-related traffic regulation 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 parking violations bureau of\nsuch city.\n (k) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (h) of this section shall\nnot be liable for the violation of a bus operation-related traffic\nregulation, provided that:\n (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n (ii) within thirty-seven days after receiving notice from such parking\nviolations bureau of the date and time of a liability, together with the\nother information contained in the original notice of liability, the\nlessor submits to such bureau the correct name and address of the lessee\nof the vehicle identified in the notice of liability at the time of such\nviolation, together with such other additional information contained in\nthe rental, lease or other contract document, as may be reasonably\nrequired by such bureau pursuant to regulations that may be promulgated\nfor such purpose.\n 2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the lessor liable for the penalty prescribed in\nthis section.\n 3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (h) of this section.\n (l) 1. If the owner liable for a violation of a bus operation-related\ntraffic regulation pursuant to this section was not the operator of the\nvehicle at the time of such violation, the owner may maintain an action\nfor 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 bus operation-related traffic regulation. For purposes of this\nsubdivision there shall be a presumption that the operator of such\nvehicle was operating such vehicle with the consent of the owner at the\ntime such operator failed to obey a bus operation-related traffic\nregulation.\n (m) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of a bus operation-related\ntraffic regulation.\n (n) If the city of New York adopts a demonstration program pursuant to\nsubdivision (a) of this section, such city and the applicable mass\ntransit agency shall submit a report on the results of the use of bus\noperation-related photo devices to the governor, the temporary president\nof the senate, and the speaker of the assembly by April first, two\nthousand twenty-five and every two years thereafter. The city of New\nYork and applicable mass transit agency shall also make such reports\navailable on their public-facing websites, provided that they may\nprovide aggregate data from paragraph one of this subdivision if the\ncity finds that publishing specific location data would jeopardize\npublic safety. Such report shall include, but not be limited to:\n 1. a description of the locations and/or buses where bus\noperation-related photo devices were used;\n 2. the total number of violations recorded on a monthly and annual\nbasis;\n 3. the total number of notices of liability issued;\n 4. the number of fines and total amount of fines paid after the first\nnotice of liability;\n 5. the number of violations adjudicated and results of such\nadjudications including breakdowns of dispositions made;\n 6. the total amount of revenue realized by such city and any\nparticipating mass transit agency and an itemized list of expenditures\nmade by the participating mass transit agency with these revenues;\n 7. the quality of the adjudication process and its results;\n 8. the total number of cameras by type of camera used;\n 9. the total cost to such city and the total cost to any participating\nmass transit agency; and\n 10. a detailed report on the bus speeds, reliability, and ridership\nbefore and after implementation of the demonstration program for each\nbus route, including current statistics.\n (o) Any revenue from fines and penalties collected from any mobile bus\noperation-related photo devices, not including any revenue shared with\nthe city of New York pursuant to agreement, shall be remitted by the\ncity of New York to the applicable mass transit agency on a quarterly\nbasis to be deposited in the general transportation account of the New\nYork city transportation assistance fund established pursuant to section\ntwelve hundred seventy-i of the public authorities law.\n (p) It shall be a defense to any prosecution for a violation of a bus\noperation-related traffic regulation pursuant to a demonstration program\nadopted pursuant to this section that such bus operation-related photo\ndevices were malfunctioning at the time of the alleged violation.\n * NB Repealed July 1, 2028\n