§ 239 — Ownership and operation of vehicles; liability

New York § 239

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 2: Department of Motor Vehicles; Commissioner
• Art. 2-B: Adjudication of Parking Infractions

Text

§ 239. Ownership and operation of vehicles; liability. 1. Definitions.\nWhenever used in this article, the following terms shall have the\nfollowing meanings:\n a. "Owner" means any person, corporation, partnership, firm, agency,\nassociation, lessor, or organization who at the time of the issuance of\na notice of violation in any city in which a vehicle is operated:\n (1) is the beneficial or equitable owner of such vehicle; or\n (2) has title to such vehicle; or\n (3) is the registrant or co-registrant of such vehicle which is\nregistered with the department of motor vehicles of this state or any\nother state, territory, district, province, nation or other\njurisdiction; or\n (4) uses such vehicle in its vehicle renting and/or leasing business;\nor\n (5) is an owner of such vehicle as defined by section one hundred\ntwenty-eight of this chapter or subdivision (a) of section twenty-one\nhundred one of this chapter.\n b. "Lessor" means any person, corporation, firm, partnership, agency,\nassociation or organization engaged in the business of renting or\nleasing vehicles to any lessee or bailee under a rental agreement, lease\nor otherwise, wherein the said lessee or bailee has the exclusive use of\nsaid vehicle for any period of time.\n c. "Lessee" means any person, corporation, firm, partnership, agency,\nassociation or organization that rents, bails, leases or contracts for\nthe use of one or more vehicles and has the exclusive use thereof for\nany period of time.\n d. "Vehicle" means a vehicle as defined in section one hundred\nfifty-nine of this chapter.\n e. "Operator" means any person, corporation, firm, partnership,\nagency, association, organization or lessee that uses or operates a\nvehicle with or without the permission of the owner, and an owner who\noperates his own vehicle.\n f. "Notice of violation" means a notice of violation as defined in\nsubdivision nine of section two hundred thirty-seven of this article,\nbut shall not be deemed to include a notice of liability issued pursuant\nto authorization set forth in articles ten, twenty-four, twenty-nine and\nthirty of this chapter, section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty to impose monetary liability on the owner of a vehicle for\nfailure of an operator thereof: to comply with traffic-control\nindications in violation of subdivision (d) of section eleven hundred\neleven of this chapter through the installation and operation of\ntraffic-control signal photo violation-monitoring systems, in accordance\nwith article twenty-four of this chapter; or to comply with certain\nposted maximum speed limits in violation of subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter; or to comply with bus\nlane restrictions as defined by article twenty-four of this chapter\nthrough the installation and operation of bus lane photo devices, in\naccordance with article twenty-four of this chapter; or to comply with\ntoll collection regulations of certain public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty; or to stop for a school bus displaying a red visual\nsignal in violation of section eleven hundred seventy-four of this\nchapter through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; or to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this chapter within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with gross vehicle weight and/or axle weight restrictions\nin violation of section three hundred eighty-five of this chapter and\nthe rules of the applicable covered agency or covered authority as such\nterms are defined in article ten of this chapter through the\ninstallation and operation of weigh in motion violation monitoring\nsystems, in accordance with article ten of this chapter; or to comply\nwith bus operation-related traffic regulations as defined by article\ntwenty-four of this chapter in violation of the rules of the department\nof transportation of the city of New York through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter.\n g. "Fiscal year" means a period of one year commencing on the first\nday of July and terminating on the thirtieth day of June.\n h. "Primary filing" means the initial filing of registration plate\nnumbers by a lessor prior to the commencement of each fiscal year.\n 2. Liability. a. The operator of a vehicle shall be liable for the\nfines or penalties imposed pursuant to this article. Except as otherwise\nprovided in paragraphs b and e of this subdivision, the owner of the\nvehicle, even if not the operator thereof, shall be jointly and\nseverally liable with the operator thereof, if such vehicle was used or\noperated with the permission of the owner, express or implied, but in\nsuch case the owner may recover any fine or penalties paid by him from\nthe operator.\n b. The lessor of a motor vehicle shall not be liable for fines or\npenalties imposed pursuant to this article if:\n (1) prior to the infraction, the lessor has filed with the bureau the\nregistration plate number, plate type, and place of registration of the\nvehicle to which the notice of violation was issued and paid the\nrequired filing fee provided in paragraph f of this subdivision and,\n (2) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a violation, together with the other information\ncontained in the original notice of violation, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of violation 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 c. If the lessor has complied with subparagraph one of paragraph b of\nthis subdivision such lessor shall not be liable for any penalties in\nexcess of the scheduled fine unless such lessor fails to appear within\nthirty-seven days of actual receipt of a notice of violation pursuant to\nparagraph e of this subdivision.\n d. If the lessor who has complied with subparagraph one of paragraph b\nof this subdivision has paid any fine or penalty for which he is liable\nand the bureau subsequently collects from the operator or lessee the\namount of the scheduled fine and penalty owed by such person, or any\nportion thereof, the lessor shall be entitled to reimbursement from the\nbureau of the amount of the fine and penalty paid by the lessor, less\nthe bureau's costs of collection.\n e. The lessor shall not be liable for any fines or penalties in\nconnection with a notice of violation for a vehicle whose registration\nplate number is filed and the fee therefor paid prior to the time of the\nissuance of notice of violation, unless the lessor shall receive notice\nfrom the bureau of the date and time of such violation, together with\nthe other information contained in the original notice of violation,\nwithin ninety days after service of the notice of violation, in\naccordance with subdivision two of section two hundred thirty-eight of\nthis article.\n f. The annual fee for filing a registration plate number with the\nbureau by lessors under this section shall be twelve dollars per fiscal\nyear. Lessors shall also provide the bureau with such other additional\ninformation in such format as the bureau by regulation may reasonably\nrequire. The registration plate number shall not be considered filed\nwith the bureau unless the annual filing fee provided for in this\nsubdivision shall have been paid. Lessors shall not be entitled to a\nrefund, reduction, credit or other consideration in connection with such\nannual filing fee in the event that such registration plate number is\nwithdrawn from service, destroyed or surrendered during the fiscal year\nfor which such registration plate number shall have been filed. In the\nevent that a lessor files with the bureau registration plate numbers\nduring the fiscal year, the annual filing fee for same shall be prorated\non a monthly basis, in accordance with a schedule that the bureau shall\npromulgate by regulation for such purpose. The primary filing by each\nlessor for each fiscal year shall be made at least thirty days prior to\nthe commencement of the fiscal year.\n g. Where the United States postal authorities return to the bureau a\ndelinquency notice forwarded by the bureau to a name and address of a\nlessee furnished by a lessor in accordance with provisions of this\nsection, such return notice shall be presumptive evidence of the\nfurnishing of an incorrect name and address by the lessor. The lessor\nmay, however, conclusively rebut such presumption if within sixty days\nafter receiving notification from the bureau of such returned mail\nnotice, the lessor shall provide to the bureau a copy of the rental\nagreement or lease agreement for such lessee containing the name and\naddress previously furnished to the bureau. In the event that a lessor\nshall fail to rebut the presumption established by this subdivision, the\nlessor shall be liable for the fines imposed pursuant to this article\nand in accordance with the rules and regulations promulgated by the\nbureau.\n h. The bureau shall by rules and regulations prescribe the manner and\nmethod of giving notice of outstanding violations to the lessees, except\nthat notices of impending default judgment shall be forwarded by first\nclass mail, in accordance with subdivision two of section two hundred\nforty-one of this article. All notices to lessors under this section\nshall be by first class mail to the address on file with the bureau or\nby such other means as shall be provided for in the rules and\nregulations of the bureau.\n i. A lessor shall cooperate with the bureau in the enforcement of\njudgments rendered against lessees or providing the bureau, or its\ndesignated agents, with such other additional information as shall be\ncontained in such lessor's rental or lease agreements with their lessees\nas shall be available to them.\n 3. Stolen vehicles. If any owner of a motor vehicle receives a notice\nof violation for a period during which the illegally parked vehicle was\nreported to any police department as having been stolen, it shall be a\nvalid defense to any charge of a parking violation that the motor\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 the\npurposes of asserting the defense provided by this subdivision, it shall\nbe sufficient that a certified copy of the police report of the stolen\nvehicle be mailed to the bureau.\n * 4. Applicability. The provisions of paragraph b of subdivision two\nand subdivision three of this section shall not be applicable to\ndeterminations of owner liability for the failure of an operator to\ncomply with subdivision (d) of section eleven hundred eleven of this\nchapter and shall not be applicable to determinations of owner liability\nimposed pursuant to section two thousand nine hundred eighty-five of the\npublic authorities law and sections sixteen-a, sixteen-b and sixteen-c\nof chapter seven hundred seventy-four of the laws of nineteen hundred\nfifty and shall not be applicable to determinations of owner liability\nfor the failure of an operator to comply with subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter.\n * NB Effective until July 1, 2030\n * 4. Applicability. The provisions of paragraph b of subdivision two\nand subdivision three of this section shall not be applicable to\ndeterminations of owner liability for the failure of an operator to\ncomply with subdivision (d) of section eleven hundred eleven of this\nchapter and shall not be applicable to determinations of owner liability\nimposed pursuant to section two thousand nine hundred eighty-five of the\npublic authorities law and sections sixteen-a, sixteen-b and sixteen-c\nof chapter seven hundred seventy-four of the laws of nineteen hundred\nfifty.\n * NB Effective July 1, 2030\n