§ 1180-E — Owner liability for failure of operator to comply with certain posted maximum speed limits; highway construction or maintenance work area

* § 1180-e. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits; highway construction or maintenance\nwork area.\n (a) 1. Notwithstanding any other provision of law, the commissioner of\ntransportation is hereby authorized to establish a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with posted maximum speed limits in a highway\nconstruction or maintenance work area located on a controlled-access\nhighway (i) when highway construction or maintenance work is occurring\nand a work area speed limit is in effect as provided in paragraph two of\nsubdivision (d) or subdivision (f) of section eleven hundred eighty of\nthis article or (ii) when highway construction or maintenance work is\noccurring and other speed limits are in effect as provided in\nsubdivision (b) or (g) or paragraph one of subdivision (d) of section\neleven hundred eighty of this article. Such demonstration program shall\nempower the commissioner to install photo speed violation monitoring\nsystems within no more than forty highway construction or maintenance\nwork areas located on controlled-access highways and to operate such\nsystems within such work areas (iii) when highway construction or\nmaintenance work is occurring and a work area speed limit is in effect\nas provided in paragraph two of subdivision (d) or subdivision (f) of\nsection eleven hundred eighty of this article or (iv) when highway\nconstruction or maintenance work is occurring and other speed limits are\nin effect as provided in subdivision (b) or (g) or paragraph one of\nsubdivision (d) of section eleven hundred eighty of this article. The\ncommissioner, in consultation with the superintendent of the division of\nstate police, shall determine the location of the highway construction\nor maintenance work areas located on a controlled-access highway in\nwhich to install and operate photo speed violation monitoring systems.\nIn selecting a highway construction or maintenance work area in which to\ninstall and operate a photo speed violation monitoring system, the\ncommissioner shall consider criteria including, but not limited to, the\nspeed data, crash history, and roadway geometry applicable to such\nhighway construction or maintenance work area. A photo speed violation\nmonitoring system shall not be installed or operated on a\ncontrolled-access highway exit ramp.\n 2. Notwithstanding any other provision of law, after holding a public\nhearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe thruway authority, the chair of the thruway authority is hereby\nauthorized to establish a demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with posted maximum speed limits in a highway construction or\nmaintenance work area located on the thruway (i) when highway\nconstruction or maintenance work is occurring and a work area speed\nlimit is in effect as provided in paragraph two of subdivision (d) or\nsubdivision (f) of section eleven hundred eighty of this article or (ii)\nwhen highway construction or maintenance work is occurring and other\nspeed limits are in effect as provided in subdivision (b) or (g) or\nparagraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower such chair to\ninstall photo speed violation monitoring systems within no more than\ntwenty highway construction or maintenance work areas located on the\nthruway and to operate such systems within such work areas (iii) when\nhighway construction or maintenance work is occurring and a work area\nspeed limit is in effect as provided in paragraph two of subdivision (d)\nor subdivision (f) of section eleven hundred eighty of this article or\n(iv) when highway construction or maintenance work is occurring and\nother speed limits are in effect as provided in subdivision (b) or (g)\nor paragraph one of subdivision (d) of section eleven hundred eighty of\nthis article. The chair of the thruway authority, in consultation with\nthe superintendent of the division of state police, shall determine the\nlocation of the highway construction or maintenance work areas located\non the thruway in which to install and operate photo speed violation\nmonitoring systems. In selecting a highway construction or maintenance\nwork area in which to install and operate a photo speed violation\nmonitoring system, such chair shall consider criteria including, but not\nlimited to, the speed data, crash history, and roadway geometry\napplicable to such highway construction or maintenance work area. A\nphoto speed violation monitoring system shall not be installed or\noperated on a thruway exit ramp.\n 2-a. Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe Triborough bridge and tunnel authority, the chair of the Triborough\nbridge and tunnel authority is hereby authorized to establish a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with posted maximum\nspeed limits in a highway construction or maintenance work area located\non a Triborough bridge and tunnel authority facility (i) when highway\nconstruction or maintenance work is occurring and a work area speed\nlimit is in effect as provided in paragraph two of subdivision (d) or\nsubdivision (f) of section eleven hundred eighty of this article or (ii)\nwhen highway construction or maintenance work is occurring and other\nspeed limits are in effect as provided in subdivision (b) or (g) or\nparagraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower such chair to\ninstall photo speed violation monitoring systems within no more than\nnine highway construction or maintenance work areas located on\nTriborough bridge and tunnel authority facilities and to operate such\nsystems within such work areas (iii) when highway construction or\nmaintenance work is occurring and a work area speed limit is in effect\nas provided in paragraph two of subdivision (d) or subdivision (f) of\nsection eleven hundred eighty of this article or (iv) when highway\nconstruction or maintenance work is occurring and other speed limits are\nin effect as provided in subdivision (b) or (g) or paragraph one of\nsubdivision (d) of section eleven hundred eighty of this article. The\nchair of the Triborough bridge and tunnel authority, in consultation\nwith the chief of the metropolitan transportation authority police\ndepartment or the chief of the Triborough bridge and tunnel authority\npeace officers appointed pursuant to subdivision twenty of section 2.10\nof the criminal procedure law, shall determine the location of the\nhighway construction or maintenance work areas located on Triborough\nbridge and tunnel authority facilities in which to install and operate\nphoto speed violation monitoring systems. In selecting a highway\nconstruction or maintenance work area in which to install and operate a\nphoto speed violation monitoring system, such chair shall consider\ncriteria including, but not limited to, the speed data, crash history,\nand roadway geometry applicable to such highway construction or\nmaintenance work area. The New York state department of transportation\nand the New York city department of transportation may enter into a\nmemorandum of understanding with the Triborough bridge and tunnel\nauthority for the purposes of coordinating the planning, design, and\ninstallation of photo speed violation monitoring systems in such photo\nspeed violation monitoring demonstration program. Such memorandum shall\naddress, for purposes of such demonstration program, the use of systems,\ndevices and other facilities owned and operated by the state or by the\nNew York city department of transportation.\n 2-b. Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe bridge authority, the chair of the bridge authority is hereby\nauthorized to establish a demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with posted maximum speed limits in a highway construction or\nmaintenance work area located on bridge authority facilities (i) when\nhighway construction or maintenance work is occurring and a work area\nspeed limit is in effect as provided in paragraph two of subdivision (d)\nor subdivision (f) of section eleven hundred eighty of this article or\n(ii) when highway construction or maintenance work is occurring and\nother speed limits are in effect as provided in subdivision (b) or (g)\nor paragraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower such chair to\ninstall photo speed violation monitoring systems within no more than\nfive highway construction or maintenance work areas located on bridge\nauthority facilities and to operate such systems within such work areas\n(iii) when highway construction or maintenance work is occurring and a\nwork area speed limit is in effect as provided in paragraph two of\nsubdivision (d) or subdivision (f) of section eleven hundred eighty of\nthis article or (iv) when highway construction or maintenance work is\noccurring and other speed limits are in effect as provided in\nsubdivision (b) or (g) or paragraph one of subdivision (d) of section\neleven hundred eighty of this article. The chair of the bridge\nauthority, in consultation with the superintendent of the division of\nstate police, shall determine the location of the highway construction\nor maintenance work areas located on bridge authority facilities in\nwhich to install and operate photo speed violation monitoring systems.\nIn selecting a highway construction or maintenance work area in which to\ninstall and operate a photo speed violation monitoring system, such\nchair shall consider criteria including, but not limited to, the speed\ndata, crash history, and roadway geometry applicable to such highway\nconstruction or maintenance work area. The New York state department of\ntransportation may enter into a memorandum of understanding with the\nbridge authority for the purposes of coordinating the planning, design,\nand installation of photo speed violation monitoring systems in such\nphoto speed violation monitoring demonstration program. Such memorandum\nshall address, for purposes of such demonstration program, the use of\nsystems, devices and other facilities owned and operated by the state.\n 3. No photo speed violation monitoring system shall be used in a\nhighway construction or maintenance work area unless (i) on the day it\nis to be used it has successfully passed a self-test of its functions;\nand (ii) it has undergone an annual calibration check performed pursuant\nto paragraph five of this subdivision. The commissioner or chair of the\nthruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, as applicable, shall install signs giving notice that a photo\nspeed violation monitoring system is in use, in conformance with\nstandards established in the MUTCD.\n 4. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that the operator operates that\n(i) states the date and time when, and the location where, the system\nwas set up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The commissioner or the chair of\nthe thruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, as applicable, shall retain each such daily log until the\nlater of the date on which the photo speed violation monitoring system\nto which it applies has been permanently removed from use or the final\nresolution of all cases involving notices of liability issued based on\nphotographs, microphotographs, video or other recorded images produced\nby such system.\n 5. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncommissioner or the chair of the thruway authority, Triborough bridge\nand tunnel authority, or bridge authority, as applicable, shall keep\neach such annual certificate of calibration on file until the final\nresolution of all cases involving a notice of liability issued during\nsuch year which were based on photographs, microphotographs, videotape\nor other recorded images produced by such photo speed violation\nmonitoring system.\n 6. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the commissioner or the chair of the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, shows that they made reasonable efforts to comply with the\nprovisions of this paragraph in such case.\n (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the commissioner or chair of the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, for the purpose of the adjudication of liability imposed\npursuant to this section and of the owner receiving a notice of\nliability pursuant to this section, and shall be destroyed by the\ncommissioner or chair of the thruway authority, Triborough bridge and\ntunnel authority, or bridge authority, as applicable, upon the final\nresolution of the notice of liability to which such photographs,\nmicrophotographs, videotape or other recorded images relate, or one year\nfollowing the date of issuance of such notice of liability, whichever is\nlater. Notwithstanding the provisions of any other law, rule or\nregulation to the contrary, photographs, microphotographs, videotape or\nany other recorded image from a photo speed violation monitoring system\nshall not be open to the public, nor subject to civil or criminal\nprocess or discovery, nor used by any court or administrative or\nadjudicatory body in any action or proceeding therein except that which\nis necessary for the adjudication of a notice of liability issued\npursuant to this section, and no public entity or employee, officer or\nagent thereof shall disclose such information, except that such\nphotographs, microphotographs, videotape or any other recorded images\nfrom 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 (b) If the commissioner or chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority establishes a\ndemonstration program 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, within a highway construction or\nmaintenance work area located on a controlled-access highway, the\nthruway, Triborough bridge and tunnel authority facilities or bridge\nauthority facilities, as applicable in violation of paragraph two of\nsubdivision (d) or subdivision (f), or when other speed limits are in\neffect in violation of subdivision (b) or (g) or paragraph one of\nsubdivision (d), of section eleven hundred eighty of this article, such\nvehicle was traveling at a speed of more than ten miles per hour above\nthe posted speed limit in effect within such highway construction or\nmaintenance work area, and such violation is evidenced by information\nobtained from a photo speed violation monitoring system; provided\nhowever that no owner of a vehicle shall be liable for a penalty imposed\npursuant to this section where the operator of such vehicle has been\nconvicted of the underlying violation of subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article.\n (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n 1. "bridge authority" shall mean the New York state bridge authority\ncreated pursuant to section five hundred twenty-seven of the public\nauthorities law;\n 2. "bridge authority facility" shall mean the following bridges under\nthe jurisdiction of the New York state bridge authority: the Bear\nMountain bridge; the Newburgh Beacon bridge; the Mid-Hudson bridge; the\nKingston-Rhinecliff bridge; and the Rip Van Winkle bridge;\n 3. "chair" shall mean the chair of the thruway authority, the chair of\nthe bridge authority, or the president of the Triborough bridge and\ntunnel authority, as applicable;\n 4."commissioner" shall mean the commissioner of transportation;\n 5. "controlled-access highway" shall mean a controlled-access highway\nas defined by section one hundred nine of this chapter under the\ncommissioner's jurisdiction which has been functionally classified by\nthe department of transportation as principal arterial - interstate or\nprincipal arterial - other freeway/expressway on official functional\nclassification maps approved by the federal highway administration\npursuant to part 470.105 of title 23 of the code of federal regulations,\nas amended from time to time;\n 6. "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 7. "metropolitan transportation authority" shall mean the corporation\ncreated by section twelve hundred sixty-three of the public authorities\nlaw;\n 8. "owner" shall have the meaning provided in article two-B of this\nchapter;\n 9. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich 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 a highway construction or\nmaintenance work area located on a controlled-access highway, the\nthruway, Triborough bridge and tunnel authority facility or bridge\nauthority facility in violation of subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this article in accordance with the\nprovisions of this section;\n 10. "thruway authority" shall mean the New York state thruway\nauthority, a body corporate and politic constituting a public\ncorporation created and constituted pursuant to title nine of article\ntwo of the public authorities law;\n 11. "thruway" shall mean generally a divided highway under the\njurisdiction of the thruway authority for mixed traffic with access\nlimited as the authority may determine and generally with grade\nseparations at intersections;\n 12. "Triborough bridge and tunnel authority" shall mean the\ncorporation organized pursuant to section five hundred fifty-two of the\npublic authorities law; and\n 13. "Triborough bridge and tunnel authority facility" shall mean the\nfollowing bridges and tunnels under the jurisdiction of the Triborough\nbridge and tunnel authority: the Bronx-Whitestone bridge; the Cross Bay\nVeterans Memorial bridge; the Henry Hudson bridge; the Marine\nParkway-Gil Hodges Memorial bridge; the Robert F. Kennedy bridge; the\nThrogs Neck bridge; the Verrazzano-Narrows bridge; the Hugh L. Carey\ntunnel; and the Queens Midtown tunnel.\n (d) A certificate, sworn to or affirmed by a technician employed by\nthe commissioner or chair of the thruway authority, Triborough bridge\nand tunnel authority, or bridge authority, as applicable, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a photo speed violation\nmonitoring system, shall be prima facie evidence of the facts contained\ntherein. Any photographs, microphotographs, videotape or other recorded\nimages evidencing such a violation shall include at least two date and\ntime stamped images of the rear of the motor vehicle that include the\nsame stationary object near the motor vehicle and shall be available for\ninspection reasonably in advance of and at any proceeding to adjudicate\nthe liability for such violation pursuant to this section.\n (e) An owner liable for a violation of subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article pursuant to a\ndemonstration program established pursuant to this section shall be\nliable for monetary penalties not to exceed fifty dollars for a first\nviolation, seventy-five dollars for a second violation both of which\nwere committed within a period of eighteen months, and one hundred\ndollars for a third or subsequent violation all of which were committed\nwithin a period of eighteen months; provided, however, that an\nadditional penalty not in excess of twenty-five dollars for each\nviolation may be imposed for the failure to respond to a notice of\nliability within the prescribed time period.\n (f) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction as\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 (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(b), (d), (f) or (g) of section eleven hundred eighty of this article\npursuant to this section, within fourteen business days if such owner is\na resident of this state and within forty-five business days if such\nowner is a non-resident. Personal delivery on the owner shall not be\nrequired. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained 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(b), (d), (f) or (g) of section eleven hundred eighty of this article\npursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n 3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which such person may\ncontest the liability alleged in the notice. Such notice of liability\nshall also contain a prominent warning to advise the person charged that\nfailure to contest in the manner and time provided shall be deemed an\nadmission of liability and that a default judgment may be entered\nthereon.\n 4. The notice of liability shall be prepared and mailed by the\ncommissioner or chair as applicable, or by any other entity authorized\nby the commissioner or chair to prepare and mail such notice of\nliability.\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 and except that adjudication of liability\nimposed upon owners by this section for violations occurring in the city\nof New York shall be by the New York city parking violations bureau.\n (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article pursuant to this section that the\nvehicle or the number plate or plates of such vehicle had been reported\nto the police as stolen prior to the time the violation occurred and had\nnot been recovered by such time. For purposes of asserting the defense\nprovided by this subdivision, it shall be sufficient that a certified\ncopy of the police report on the stolen vehicle or number plate or\nplates of such vehicle be sent by first class mail to the department of\ntransportation, thruway authority, Triborough bridge and tunnel\nauthority or bridge authority, as applicable, or to the traffic\nviolations bureau, court having jurisdiction or parking violations\nbureau. Nothing contained in this subdivision shall be deemed to\nprohibit an owner which submits a police report pursuant to this\nsubdivision to the department of transportation, thruway authority,\nTriborough bridge and tunnel authority or bridge authority, as\napplicable, from later submitting such report to the traffic violations\nbureau, court having jurisdiction or parking violations bureau as\nprovided by this subdivision.\n (j) 1. Where the adjudication of liability imposed upon owners\npursuant to this section is by a traffic violations bureau or a court\nhaving jurisdiction, an owner who is a lessor of a vehicle to which a\nnotice of liability was issued pursuant to subdivision (g) of this\nsection shall not be liable for the violation of subdivision (b), (d),\n(f) or (g) of section eleven hundred eighty of this article pursuant to\nthis section, provided that the owner sends to the department of\ntransportation, thruway authority, Triborough bridge and tunnel\nauthority or bridge authority, as applicable, or to the traffic\nviolations bureau or court having jurisdiction a copy of the rental,\nlease or other such contract document covering such vehicle on the date\nof the violation, with the name and address of the lessee clearly\nlegible, within thirty-seven days after receiving notice from the bureau\nor court of the date and time of such violation, together with the other\ninformation contained in the original notice of liability. Failure to\nsend such information within such thirty-seven day time period shall\nrender the owner liable for the penalty prescribed by this section.\nWhere the lessor complies with the provisions of this paragraph, the\nlessee of such vehicle on the date of such violation shall be deemed to\nbe the owner of such vehicle for purposes of this section, shall be\nsubject to liability for the violation of subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section. Nothing contained in this paragraph shall be deemed\nto prohibit a lessor which submits information pursuant to this\nparagraph to the department of transportation, thruway authority,\nTriborough bridge and tunnel authority or bridge authority, as\napplicable, from later submitting such information to the traffic\nviolations bureau or court having jurisdiction as provided by this\nparagraph.\n 2. (i) In the city of New York and in any city which, by local law,\nhas authorized the adjudication of liability imposed upon owners by this\nsection by a parking violations bureau, an owner who is a lessor of a\nvehicle to which a notice of liability was issued pursuant to\nsubdivision (g) of this section shall not be liable for the violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis 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) (1) within thirty-seven days after receiving notice from the\nbureau of the date and time of a liability, together with the other\ninformation contained in the original notice of liability, the lessor\nsubmits to the bureau the correct name and address of the lessee of the\nvehicle 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 the bureau pursuant to regulations that may be promulgated\nfor such purpose; or\n (2) no later than the time period prescribed by item one of this\nclause, the lessor submits to the department of transportation, thruway\nauthority, Triborough bridge and tunnel authority, or bridge authority,\nas applicable, a copy of the rental, lease or other such contract\ndocument covering such vehicle on the date of the violation, with the\nname and address of the lessee clearly legible. Nothing contained in\nthis item shall be deemed to prohibit a lessor which submits information\npursuant to this item to the department of transportation, thruway\nauthority, Triborough bridge and tunnel authority or bridge authority,\nas applicable, from later submitting such information to the bureau as\nprovided by item one of this clause.\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 (b), (d),\n(f) or (g) of section eleven hundred eighty of this article pursuant to\nthis section 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 operated such\nvehicle in violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article. 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 operated such vehicle in violation of subdivision (b), (d), (f)\nor (g) of section eleven hundred eighty of this article.\n (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (b), (d),\n(f) or (g) of section eleven hundred eighty of this article.\n (m) If the commissioner or chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority adopts a demonstration\nprogram pursuant to subdivision (a) of this section the commissioner or\nchair of the thruway authority, as applicable, shall conduct a study and\nsubmit a report on or before May first, two thousand twenty-four and on\nthe same date every two years thereafter in which the demonstration\nprogram is operable, and the chair of the Triborough bridge and tunnel\nauthority or bridge authority, as applicable, shall conduct a study and\nsubmit a report on or before May first, two thousand twenty-eight and on\nthe same date every two years thereafter in which the demonstration\nprogram is operable, on the results of the use of photo devices to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly. The commissioner or chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority, as applicable, shall\nalso make such reports available on their public-facing websites,\nprovided that they may provide aggregate data from paragraph one of this\nsubdivision if the commissioner or chair of the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, finds that publishing specific location data would\njeopardize public safety. Such report shall include:\n 1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n 2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all highway construction or\nmaintenance work areas on controlled-access highways, the thruway,\nTriborough bridge and tunnel authority facilities or bridge authority\nfacilities, as applicable, to the extent the information is maintained\nby the commissioner, the chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority, or the department of\nmotor vehicles of this state;\n 3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within highway construction or\nmaintenance work areas where photo speed violation monitoring systems\nwere used, to the extent the information is maintained by the\ncommissioner, the chair of the thruway authority, Triborough bridge and\ntunnel authority, or bridge authority, or the department of motor\nvehicles of this state;\n 4. the number of violations recorded within all highway construction\nor maintenance work areas on controlled-access highways, the thruway,\nTriborough bridge and tunnel authority facilities or bridge authority\nfacilities, in the aggregate on a daily, weekly and monthly basis to the\nextent the information is maintained by the commissioner, the chair of\nthe thruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, or the department of motor vehicles of this state;\n 5. the number of violations recorded within each highway construction\nor maintenance work area where a photo speed violation monitoring system\nis used, in the aggregate on a daily, weekly and monthly basis;\n 6. to the extent the information is maintained by the commissioner,\nthe chair of the thruway authority, Triborough bridge and tunnel\nauthority, or bridge authority, or the department of motor vehicles of\nthis state, the number of violations recorded within all highway\nconstruction or maintenance work areas on controlled-access highways,\nthe thruway, Triborough bridge and tunnel authority facilities or bridge\nauthority facilities, that were:\n (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n (iv) more than forty miles per hour over the posted speed limit;\n 7. the number of violations recorded within each highway construction\nor maintenance work area where a photo speed violation monitoring system\nis used that were:\n (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n (iv) more than forty miles per hour over the posted speed limit;\n 8. the total number of notices of liability issued for violations\nrecorded by such systems;\n 9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems, to\nthe extent the information is maintained by the commissioner, the chair\nof the thruway authority, Triborough bridge and tunnel authority, or\nbridge authority, or the department of motor vehicles of this state;\n 10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems, to the extent the information is maintained by\nthe commissioner, the chair of the thruway authority, Triborough bridge\nand tunnel authority, or bridge authority, or the department of motor\nvehicles of this state;\n 11. the total amount of revenue realized by the state or the thruway\nauthority, Triborough bridge and tunnel authority, or bridge authority,\nas applicable, in connection with the program;\n 12. the expenses incurred by the state or the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, in connection with the program;\n 13. an itemized list of expenditures made by the state, thruway\nauthority, Triborough bridge and tunnel authority, and the bridge\nauthority on work zone safety projects undertaken in accordance with\nsubdivisions eleven, twelve, fourteen and fifteen of section eighteen\nhundred three of this chapter; and\n 14. the quality of the adjudication process and its results, to the\nextent the information is maintained by the commissioner, the chair of\nthe thruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, or the department of motor vehicles of this state.\n (n) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n * NB Repealed October 6, 2031\n