§ 1174-A — Owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm

New York § 1174-A

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 7: Rules of the Road
• Art. 29: Special Stops Required

Text

* § 1174-a. Owner liability for failure of operator to stop for a\nschool bus displaying a red visual signal and stop-arm. (a) 1.\nNotwithstanding any other provision of law, a county, city, town or\nvillage located within a school district ("district") is hereby\nauthorized and empowered to adopt and amend a local law or ordinance\nestablishing a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsubdivision (a) of section eleven hundred seventy-four of this article\nwhen meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter and operated in such county, city, town or\nvillage, in accordance with the provisions of this section. Such\ndemonstration program shall empower such county, city, town or village\nto install and operate school bus photo violation monitoring systems\nwhich may be stationary or mobile, and which may be installed, pursuant\nto an agreement with a school district within such county, city, town or\nvillage, on school buses owned and operated by such school district or\nprivately owned and operated for compensation under contract with such\ndistrict. Provided, however, that (a) no stationary school bus photo\nviolation monitoring system shall be installed or operated by a county,\ncity, town or village except on roadways under the jurisdiction of such\ncounty, city, town or village, and (b) no mobile school bus photo\nviolation monitoring system shall be installed or operated on any such\nschool buses unless such county, city, town or village and such district\nenter into an agreement for such installation and operation.\n 1-a. Any county, city, town or village, located within a school\ndistrict, that has adopted a local law or ordinance pursuant to this\nsection establishing a demonstration program imposing liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsubdivision (a) of section eleven hundred seventy-four of this article\nwhen meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter and operated in such county, city, town or\nvillage may enter into an agreement with the applicable school district\nfor the installation, maintenance and use of school bus photo violation\nmonitoring systems on school buses pursuant to this section and section\ntwenty-two of the chapter of the laws of two thousand nineteen which\nadded this section, for the proper handling and custody of photographs,\nmicrophotographs, videotapes, other recorded images and data produced by\nsuch systems, and for the forwarding of such photographs,\nmicrophotographs, videotapes, other recorded images and data to the\napplicable county, city, town or village. Any agreement entered into\nhereunder shall be approved by each participating county, city, town or\nvillage by a majority vote of the voting strength of its governing body\nand by resolution of the district pursuant to section sixteen hundred\nfour, section seventeen hundred nine, section twenty-five hundred three,\nsection twenty-five hundred fifty-four or section twenty-five hundred\nninety-h of the education law, as applicable. Provided, however, that\nwhere a district has entered an agreement as provided hereunder with a\ncounty, no cities, towns or villages within the same county may enter\ninto, or be a party to, any agreement with such district pursuant to\nthis section. Provided further, however, that no county shall enter an\nagreement with any city school district wholly contained within a city.\nNothing in this section shall be construed to prevent a county, city,\ntown, village or district at any time to withdraw from or terminate an\nagreement entered pursuant to this section and section twenty-two of\nchapter one hundred forty-five of the laws of two thousand nineteen\nwhich added this section.\n 1-b. The total cost to the district of the installation, maintenance\nand use of school bus photo violation monitoring systems pursuant to\nthis section shall be borne entirely by the county, city, town or\nvillage within the district which is a party to such agreement. On or\nbefore September first of each year, the district shall determine and\ncertify to each county, city, town or village with which it has entered\ninto an agreement pursuant to this section the total cost to the\ndistrict for the school year ending the preceding June thirtieth of\ninstalling, maintaining and using such systems within each such county,\ncity, town or village, respectively, for the proper handling and custody\nof photographs, microphotographs, videotapes, other recorded images and\ndata produced by such systems, and for the forwarding of such\nphotographs, microphotographs, videotapes, other recorded images and\ndata to the applicable county, city, town or village. On or before the\nfollowing December first of each year, each such county, city, town or\nvillage shall pay to the district such cost so certified to it on or\nbefore the preceding September first. Not later than twenty days after\neach such payment is submitted or is due, whichever occurs first, the\ndistrict shall submit to the director of the budget and the chairpersons\nof the fiscal committees of the legislature a report for each such\ncounty, city, town and village showing the amount of costs so certified\nand the amount of payments so received or due. If a county, city, town\nor village fails to make the payment required to the district by the\ntwentieth day after the date such payment was due, (i) the district\nshall notify the director of the budget and the chairpersons of the\nfiscal committees of the legislature of such occurrence within\ntwenty-four hours of such day; and (ii) the demonstration program shall\nbe suspended within such county, city, town, or village until such time\nas such county, city, town, or village makes the payment required to the\ndistrict. The district shall notify the director of the budget and the\nchairpersons of the fiscal committees of the legislature of such payment\nwithin seven business days of its receipt. Provided, however, that any\nnotice of liability issued prior to such date shall not be voided.\n 2. Any image or images captured by school bus photo violation\nmonitoring systems shall be inadmissible in any disciplinary proceeding\nconvened by any school district or any school bus contractor thereof,\nand any proceeding initiated by the department involving licensure\nprivileges of school bus operators. Any school bus photo violation\nmonitoring device mounted on a school bus shall be directed outwardly\nfrom such school bus to capture images of vehicles operated in violation\nof subdivision (a) of section eleven hundred seventy-four of this\narticle, and images produced by such device shall not be used for any\nother purpose.\n 3. (i) Any participating school district shall be prohibited from\naccessing any photographs, microphotographs, videotapes, other recorded\nimages or data from school bus photo violation monitoring systems but\nshall provide, pursuant to an agreement with a county, city, town or\nvillage as provided in this section, for the proper handling and custody\nof such photographs, microphotographs, videotapes, other recorded images\nand data produced by such systems, and for the forwarding of such\nphotographs, microphotographs, videotapes, other recorded images and\ndata to the applicable county, city, town or village for the purpose of\ndetermining whether a motor vehicle was operated in violation of\nsubdivision (a) of section eleven hundred seventy-four of this title and\nimposing monetary liability on the owner of such motor vehicle therefor.\n (ii) Photographs, microphotographs, videotapes, other recorded images\nand data produced by school bus photo violation monitoring systems shall\nbe destroyed (A) ninety days after the date of the alleged imposition of\nliability if a notice of liability is not issued for such alleged\nimposition of liability pursuant to this section or (B) upon final\ndisposition of a notice of liability issued pursuant to this section.\n 4. A county, city, town or village establishing a demonstration\nprogram pursuant to this section 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 school\nbus photo violation monitoring device. Such measures shall include:\n (i) utilization of necessary technologies to ensure, to the extent\npracticable, that photographs produced by such school bus photo\nviolation monitoring systems shall not include images that identify the\ndriver, the passengers, the contents of the vehicle, pedestrians and\ncyclists. Provided, however, that no notice of liability issued pursuant\nto this section shall be dismissed solely because a photograph or\nphotographs allow for the identification of the contents of a vehicle,\nprovided that such county, city, town or village has made a reasonable\neffort to comply with the provisions of this paragraph;\n (ii) a prohibition on the use or dissemination of vehicles' license\nplate information and other information and images captured by school\nbus photo violation monitoring systems except: (A) as required to\nestablish liability under this section or collect payment of penalties;\n(B) as required by court order; or (C) as otherwise required by law;\n (iii) the installation of signage in conformance with standards\nestablished in the MUTCD at each roadway entrance of the jurisdictional\nboundaries of such county, city, town or village giving notice that\nschool bus photo violation monitoring systems are used to enforce\nrestrictions on vehicles violating subdivision (a) of section eleven\nhundred seventy-four of this article. For the purposes of this\nparagraph, the term "roadway" shall not include state expressway routes\nor state interstate routes but shall include controlled-access highway\nexit ramps that enter the jurisdictional boundaries of a county, city,\ntown or village; and\n (iv) oversight procedures to ensure compliance with the aforementioned\nprivacy protection measures.\n (b) In any such county, city, town or village which has adopted a\nlocal law or ordinance pursuant to subdivision (a) of this section, the\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section if such vehicle was used or operated with the permission of\nthe owner, express or implied, in violation of subdivision (a) of\nsection eleven hundred seventy-four of this article, and such violation\nis evidenced by information obtained from a school bus photo violation\nmonitoring system; provided however that no owner of a vehicle shall be\nliable for a penalty imposed pursuant to this section where the operator\nof such vehicle has been convicted of the underlying violation of\nsubdivision (a) of section eleven hundred seventy-four of this article.\n (c) For purposes of this section, the following terms shall have the\nfollowing meanings: "county" shall have the meaning provided in section\nthree of the county law, except that such term shall not include any\ncounty wholly contained within a city; "manual on uniform traffic\ncontrol devices" or "MUTCD" shall mean the manual and specifications for\na uniform system of traffic control devices maintained by the\ncommissioner of transportation pursuant to section sixteen hundred\neighty of this chapter; "owner" shall have the meaning provided in\narticle two-B of this chapter; and "school bus photo violation\nmonitoring system" shall mean a device that is capable of operating\nindependently of an enforcement officer which is installed to work in\nconjunction with a school bus stop-arm and which automatically produces\ntwo or more photographs, two or more microphotographs, a videotape or\nother recorded images of a vehicle at the time it is used or operated in\nviolation of subdivision (a) of section eleven hundred seventy-four of\nthis article.\n (d) A certificate, sworn to or affirmed by a technician employed by\nthe county, city, town or village in which the charged violation\noccurred, or a facsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\nschool bus photo violation monitoring system, and other documents or\ndeclarations pertaining to inspections by the department of\ntransportation, shall be prima facie evidence of the facts contained\ntherein. Such certificate, or a facsimile thereof, shall provide the\nidentification number of the school bus photo violation monitoring\nsystem which recorded the violation, a statement confirming that at the\ntime such violation was recorded by such school bus photo violation\nmonitoring system, such school bus photo violation monitoring system was\ninstalled on a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter as evidenced by a valid certificate of\ninspection issued to such school bus by the department of transportation\npursuant to section one hundred forty of the transportation law and the\nsafety rules and regulations promulgated thereunder, and the\nregistration number of the school bus to which such school bus photo\nviolation monitoring system was attached. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include a recorded image of the outside of the motor\nvehicle involved in such violation, the registration number of such\nvehicle, at least one activated school bus stop-arm, and an electronic\nindicator or indicators showing the activation of the flashing red\nsignal lamps of the school bus to which the school bus photo violation\nmonitoring system producing such photographs, microphotographs,\nvideotape or other recorded images was installed at the time such\nviolation occurred, and shall be available for inspection in any\nproceeding to adjudicate the liability for such violation pursuant to a\nlocal law or ordinance adopted pursuant to this section. Where recorded\nimages from a school bus photo violation monitoring system attached to a\nschool bus, as certified pursuant to this subdivision, show the\nactivation of at least one school bus stop-arm and an electronic\nindicator or indicators as required pursuant to this subdivision, there\nshall be a rebuttable presumption that such school bus was stopped for\nthe purpose of receiving or discharging any passengers or because a\nschool bus in front of it had stopped to receive or discharge any\npassengers. A certificate, sworn to or affirmed by a technician employed\nby the county, city, town or village in which the charged violation\noccurred, or a facsimile thereof, after reviewing evidence that on the\nday the charged violation occurred such school bus had a valid\ncertificate of inspection issued by the department of transportation\npursuant to section one hundred forty of the transportation law and the\nsafety rules and regulations promulgated thereunder, shall be prima\nfacie evidence that such school bus was marked and equipped as provided\nin subdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter and the flashing red signal lamp of such\nschool bus was in operation at the time the violation occurred.\n (e) An owner liable for a violation of subdivision (a) of section\neleven hundred seventy-four 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 a city by local law\nhas 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 be two hundred\nfifty dollars for a first violation, two hundred seventy-five dollars\nfor a second violation both of which were committed within a period of\neighteen months, and three hundred dollars for a third or subsequent\nviolation all of which were committed within a period of eighteen\nmonths; provided, however, that such local law or ordinance may provide\nfor an additional penalty not in excess of twenty-five dollars for each\nviolation for the failure to respond to a notice of liability within the\nprescribed 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(a) of section eleven hundred seventy-four of this article pursuant to\nthis section. Personal delivery on the owner shall not be required. A\nmanual or 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(a) of section eleven hundred seventy-four of this article pursuant to\nthis section, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation, the identification number of the school bus\nphoto violation monitoring system which recorded the violation or other\ndocument locator number, and the registration number of the school bus\non which the school bus photo violation monitoring system which recorded\nthe violation was installed.\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 county,\ncity, town or village in which the violation occurred, or by any other\nentity authorized by such county, city, town or village 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 where the violation\noccurred or, if there be none, by the court having jurisdiction over\ntraffic infractions where the violation occurred, except that if a city\nhas established an administrative tribunal to hear and determine\ncomplaints of traffic infractions constituting parking, standing or\nstopping violations such city may, by local law, authorize such\nadjudication 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 as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of subdivision (a) of section\neleven hundred seventy-four of this article pursuant to this section\nthat the vehicle had been reported to the police as stolen prior to the\ntime the violation occurred and had not been recovered by such time. For\npurposes of asserting the defense provided by this subdivision it shall\nbe sufficient 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 county, city, town or village where the adjudication of\nliability imposed upon owners pursuant to this section is by a traffic\nviolations bureau or a court having jurisdiction, an owner who is a\nlessor of a vehicle to which a notice of liability was issued pursuant\nto subdivision (g) of this section shall not be liable for the violation\nof subdivision (a) of section eleven hundred seventy-four of this\narticle, provided that he or she sends to the traffic violations bureau\nor court having jurisdiction a copy of the rental, lease or other such\ncontract document covering such vehicle on the date of the violation,\nwith the name and address of the lessee clearly legible, within\nthirty-seven days after receiving notice from the bureau or court of the\ndate and time of such violation, together with the other information\ncontained in the original notice of liability. Failure to send such\ninformation within such thirty-seven day time period shall render the\nowner liable for the penalty prescribed by this section. Where the\nlessor complies with the provisions of this paragraph, the lessee of\nsuch vehicle on the date of such violation shall be deemed to be the\nowner of such vehicle for purposes of this section, shall be subject to\nliability for the violation of subdivision (a) of section eleven hundred\nseventy-four of this article pursuant to this section and shall be sent\na notice of liability pursuant to subdivision (g) of this section.\n 2. (i) In a city which, by local law, has authorized the adjudication\nof liability imposed upon owners by this section by a parking violations\nbureau, an owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (a) of section eleven\nhundred seventy-four 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 (a) of\nsection eleven hundred seventy-four of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe 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\ncomply with subdivision (a) of section eleven hundred seventy-four of\nthis article. For purposes of this subdivision there shall be a\npresumption that the operator of such vehicle was operating such vehicle\nwith the consent of the owner at the time such operator failed to comply\nwith subdivision (a) of section eleven hundred seventy-four of this\narticle.\n (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (a) of\nsection eleven hundred seventy-four of this article.\n (m) In any such county, city, town or village which adopts a\ndemonstration program pursuant to subdivision (a) of this section, such\ncounty, city, town or village shall submit an annual report on the\nresults of the use of a school bus photo violation monitoring system to\nthe governor, the temporary president of the senate and the speaker of\nthe assembly on or before June first, two thousand nineteen and on the\nsame date in each succeeding year in which the demonstration program is\noperable. Such report shall include, but not be limited to:\n 1. the number of buses and a description of the routes where\nstationary and mobile school bus photo violation monitoring systems were\nused;\n 2. the aggregate number, type and severity of accidents reported at\nlocations where a school bus photo violation monitoring system is used\nfor the year preceding the installation of such system, to the extent\nthe information is maintained by the department of motor vehicles of\nthis state;\n 3. the aggregate number, type and severity of accidents reported at\nlocations where a school bus photo violation monitoring system is used,\nto the extent the information is maintained by the department of motor\nvehicles of this state;\n 4. the number of violations recorded at each location where a school\nbus photo violation monitoring system is used and in the aggregate on a\ndaily, weekly and monthly basis;\n 4-a. the number of convictions for violations of subdivision (a) of\nsection eleven hundred seventy-four of this article recorded at each\nlocation where a school bus photo violation monitoring system is used on\nan annual basis, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n 5. the total number of notices of liability issued for violations\nrecorded by such systems;\n 6. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n 7. the number of violations adjudicated and results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems which shall be provided at least annually to\nsuch county, city, town or village by the respective courts, bureaus and\nagencies conducting such adjudications;\n 8. the total amount of revenue realized by such city, town or village\nfrom such adjudications;\n 9. the expenses incurred by such city, town or village in connection\nwith the program;\n 10. the quality of the adjudication process and its results including\nthe total number of hearings scheduled, re-scheduled, and held; the\ntotal number of persons scheduled for such hearings; the total number of\ncases where fines were paid on or before the hearing date; and the total\nnumber of default judgments entered. Such information shall be provided\nat least annually to such county, city, town or village by the\nrespective courts, bureaus and agencies conducting such adjudications;\nand\n 11. a description of public education activities conducted to warn\nmotorists of the dangers of overtaking and passing stopped school buses.\n (n) It shall be a defense to any prosecution for a violation of\nsubdivision (a) of section eleven hundred seventy-four of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such school bus stop-arms were malfunctioning at the time of the\nalleged violation.\n * NB Repealed December 1, 2029\n