§ 385-A — Owner liability for failure of operator to comply with weight restrictions

* § 385-a. Owner liability for failure of operator to comply with\nweight restrictions. (a) 1. (i) Notwithstanding any other provision of\nlaw, the city of New York is hereby authorized to establish a weigh in\nmotion demonstration program on the covered locations set forth in\nsubparagraph (ii) of this paragraph imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ngross vehicle weight and/or axle weight restrictions on such covered\nlocations in accordance with the provisions of this section. Such\ndemonstration program shall empower the city of New York to install and\noperate up to sixteen weigh in motion violation monitoring systems at\nany one time on interstate route 278 in Kings county, and up to two\nweigh in motion violation monitoring systems at any one time on each of\nthe other covered locations set forth in such subparagraph. Such systems\nmay be stationary or mobile and may be activated at locations on such\nportion of such interstate and on the other such covered locations as\ndetermined by the New York city department of transportation. The New\nYork state department of transportation, covered agencies, and covered\nauthorities may enter into a memorandum of understanding with the New\nYork city department of transportation for the purposes of coordinating\nthe planning, design, installation, construction and maintenance of such\nweigh in motion demonstration program. Such memorandum shall address,\nfor purposes of such demonstration program, the use of systems, devices\nand other facilities owned and operated by the state, covered agencies,\nand covered authorities.\n (ii) Covered locations subject to a demonstration program established\nby the city of New York pursuant to this section shall mean interstate\nroute 278 in Kings county; the Greenpoint Avenue bridge over Newtown\nCreek; the Metropolitan Avenue bridge over Newtown Creek; the Hamilton\nAvenue bridge over the Gowanus Canal; the Williamsburg bridge over the\nEast River; the Ed Koch Queensboro bridge (state route 25) over the East\nRiver; the Third Avenue bridge over the Harlem River; the Manhattan\nbridge over the East River; and that portion of the Long Island\nExpressway (interstate route 495) over Woodhaven Boulevard.\n 1-a. (i) 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 weigh in\nmotion demonstration program on the covered location set forth in\nsubparagraph (ii) of this paragraph imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ngross vehicle weight and/or axle weight restrictions on such covered\nlocation in accordance with the provisions of this section. Such\ndemonstration program shall empower the chair of the triborough bridge\nand tunnel authority to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on such covered location.\nSuch systems may be stationary or mobile and may be activated at\nlocations on such covered location as determined by such chair. Covered\nagencies and covered authorities may enter into a memorandum of\nunderstanding with the triborough bridge and tunnel authority for the\npurposes of coordinating the planning, design, installation,\nconstruction and maintenance of such weigh in motion demonstration\nprogram. Such memorandum shall address, for purposes of such\ndemonstration program, the use of systems, devices and other facilities\nowned and operated by such other covered agencies and covered\nauthorities.\n (ii) The covered location subject to a demonstration program\nestablished by the chair of the triborough bridge and tunnel authority\npursuant to this section shall mean the Robert F. Kennedy bridge.\n 1-b. (i) 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 weigh in motion demonstration program on the\ncovered locations set forth in subparagraph (ii) of this paragraph\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with gross vehicle weight and/or axle weight\nrestrictions on such covered locations in accordance with the provisions\nof this section. Such demonstration program shall empower the chair of\nthe bridge authority to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on each such covered\nlocation. Such systems may be stationary or mobile and may be activated\nat locations on such covered locations as determined by such chair.\nCovered agencies and covered authorities may enter into a memorandum of\nunderstanding with the bridge authority for the purposes of coordinating\nthe planning, design, installation, construction and maintenance of such\nweigh in motion demonstration program. Such memorandum shall address,\nfor purposes of such demonstration program, the use of systems, devices\nand other facilities owned and operated by such other covered agencies\nand covered authorities.\n (ii) Covered locations subject to a demonstration program established\nby the chair of the bridge authority pursuant to this section shall mean\nthe Bear Mountain bridge, the Newburgh Beacon bridge and the Mid-Hudson\nbridge.\n 1-c. (i) 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 port authority of New York and New Jersey, the chair of the port\nauthority of New York and New Jersey is hereby authorized to establish a\nweigh in motion demonstration program on the covered location set forth\nin subparagraph (ii) of this paragraph imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\ngross vehicle weight and/or axle weight restrictions on such covered\nlocation in accordance with the provisions of this section. Such\ndemonstration program shall empower the chair of the port authority of\nNew York and New Jersey to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on such covered location.\nSuch systems may be stationary or mobile and may be activated at\nlocations on such covered location as determined by such chair. Covered\nagencies and covered authorities may enter into a memorandum of\nunderstanding with the port authority of New York and New Jersey for the\npurposes of coordinating the planning, design, installation,\nconstruction and maintenance of such weigh in motion demonstration\nprogram. Such memorandum shall address, for purposes of such\ndemonstration program, the use of systems, devices and other facilities\nowned and operated by such other covered agencies and covered\nauthorities.\n (ii) The covered location subject to a demonstration program\nestablished by the chair of the port authority of New York and New\nJersey pursuant to this section shall mean the George Washington bridge.\n 1-d. (i) 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 thruway authority, the chair of the thruway authority is hereby\nauthorized to establish a weigh in motion demonstration program on the\ncovered location set forth in subparagraph (ii) of this paragraph\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with gross vehicle weight and/or axle weight\nrestrictions on such covered location in accordance with the provisions\nof this section. Such demonstration program shall empower the chair of\nthe thruway authority to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on such covered location.\nSuch systems may be stationary or mobile and may be activated at\nlocations on such covered location as determined by such chair.\n (ii) The covered location subject to a demonstration program\nestablished by the chair of the thruway authority pursuant to this\nsection shall mean a location on the thruway at thruway interchange 34-A\neast of the city of Syracuse.\n 1-e. A covered location as defined by this subdivision consisting of a\nbridge shall include a distance not to exceed two thousand six hundred\nforty feet along the length of the existing highway between the bridge\nhead of the respective bridge, in either direction, and the nearest\npaved level surface of such highway where a weigh in motion violation\nmonitoring system can be installed in accordance with an engineering\nanalysis, except for the west end of the Mid-Hudson Bridge where such\ndistance shall not exceed five thousand two hundred eighty feet.\n 2. No weigh in motion violation monitoring system shall be used unless\n(i) on the day it is to be used it has undergone a self-test for the\noperation of such system; and (ii) it has undergone a semi-annual\ncalibration check performed pursuant to paragraph three of this\nsubdivision. A result of the daily self-test for each such system shall\ninclude the date and time that the self-test was successfully performed.\nEach covered agency and covered authority shall retain each such daily\nself-test until the later of the date on which the weigh in motion\nsystem to which it applies has been permanently removed from use or the\nfinal resolution of all cases involving notices of liability issued\nbased on photographs, microphotographs, video or other recorded images,\nand information and data generated in conjunction therewith, produced by\nsuch system.\n 3. Each weigh in motion violation monitoring system shall undergo a\ncalibration check every six months in accordance with specifications\nprescribed pursuant to a memorandum of agreement between the applicable\ncovered agency or covered authority and the New York state department of\nagriculture and markets, or in accordance with an applicable reference\nstandard as determined by the applicable covered agency or covered\nauthority. Such calibration check shall be performed by an independent\ncalibration laboratory which shall issue a signed certificate of\ncalibration on its letterhead to the applicable covered agency or\ncovered authority. Nothing contained in this paragraph shall be deemed\nto require the signature of a notary public on such certificate. Covered\nagencies and covered authorities shall retain each such bi-annual\ncertificate of calibration on file until the final resolution of all\ncases involving notices of liability issued during such six-month time\nperiod which were based on photographs, microphotographs, video or other\nrecorded images, and information and data generated in conjunction\ntherewith, produced by such weigh in motion violation monitoring system.\n 4. Each covered agency and covered authority shall establish a range,\naccording to the manufacturer's standards and its monitoring of the\nsystem, for evaluating information and data collected from sensor\nreadings of each weigh in motion violation monitoring system of such\ncovered agency and covered authority. Each such system shall be set to\nautomatically alert such covered agency or covered authority of\nsignificant variations from the established range during a\ntwenty-four-hour period. After such an alert, such system shall be\ninspected and any necessary adjustments shall be made. Such covered\nagency or covered authority shall keep a log of the details of all\nalerts, including the date and time of such alert, the amount of\nvariation from the established range in such alert, the adjustments made\nor actions taken as a result of the subsequent inspection, and the date\nand time of such inspection, adjustments or actions.\n 5. Weigh in motion violation monitoring systems used in accordance\nwith the weigh in motion demonstration program authorized pursuant to\nthis section shall be operated only on covered locations.\n 6. (i) No photograph, microphotograph, videotape or other recorded\nimage, nor any information and data generated in conjunction therewith,\nshall be used for any purpose other than as specified in this section,\nexcept as may be otherwise provided by this paragraph.\n (ii) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nweigh in motion violation monitoring systems shall not include images\nthat identify the driver, the passengers, or the contents of the\nvehicle. Provided, however, that no notice of liability issued pursuant\nto this section 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 applicable covered agency or covered authority shows\nthat it made reasonable efforts to comply with the provisions of this\nparagraph in such case.\n (iii) Photographs, microphotographs, videotape or any other recorded\nimage, and any information and data generated in conjunction therewith,\nproduced by a weigh in motion violation monitoring system shall be for\nthe exclusive use of the applicable covered agency or covered authority\nfor the purpose of the adjudication of liability imposed pursuant to\nthis section, and of the owner receiving a notice of liability pursuant\nto this section, and as required by the covered agency or covered\nauthority to study the impact of overweight vehicles on its covered\nlocations and management of such covered locations, and shall be\ndestroyed by the applicable covered agency or covered authority upon the\nfinal resolution of the notice of liability to which such photographs,\nmicrophotographs, videotape or other recorded images and information and\ndata generated in conjunction therewith relate, or one year following\nthe date of issuance of such notice of liability, whichever is later.\nNotwithstanding the provisions of any other law, rule or regulation to\nthe contrary, photographs, microphotographs, videotape or any other\nrecorded image, and information and data generated in conjunction\ntherewith, from a weigh in motion violation monitoring system shall not\nbe open to the public, nor subject to civil or criminal process or\ndiscovery, nor used by any court or administrative or adjudicatory body\nin any action or proceeding therein except that which is necessary for\nthe adjudication of a notice of liability issued pursuant to this\nsection, and no public entity or employee, officer or agent thereof\nshall disclose such information, except that such photographs,\nmicrophotographs, videotape or any other recorded images, and\ninformation and data generated in conjunction therewith, from such\nsystems:\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, information and\ndata are required to be maintained or are maintained by such public\nentity, employee, officer or agent; 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 (iv) The applicable covered agency or covered authority shall install\nsigns in advance of entry points to each of its covered locations giving\nnotice to approaching motor vehicle operators that weigh in motion\nviolation monitoring systems are in use to enforce motor vehicle weight\nrestrictions.\n (v) Each covered agency and covered authority shall use oversight\nprocedures to ensure compliance with the aforementioned privacy\nprotection measures.\n (b) If a covered agency or covered 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, on a covered location in violation of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight, where such vehicle was traveling ten\npercent or more above the gross vehicle weight or twenty percent or more\nabove the axle weight at the time of such violation as indicated by at\nleast two independently detected gross vehicle weight and/or axle weight\nmeasurements obtained by a weigh in motion violation monitoring system,\nand such violation is evidenced by information obtained from a weigh in\nmotion violation monitoring system; provided however that no owner of a\nvehicle 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 section three hundred eighty-five of this article and the\nrules of the applicable covered agency or covered authority in relation\nto gross vehicle weight and/or axle weight; or operated such vehicle in\naccordance with the terms and conditions of any overweight permit issued\nin accordance with this chapter and any rules and regulations\npromulgated thereto. Where a vehicle is in violation of both gross\nvehicle weight restrictions and axle weight restrictions, the owner\nshall be liable for a separate penalty for each such violation.\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. "chair" shall mean the chair of the thruway authority, the chair of\nthe bridge authority, the chair of the port authority of New York and\nNew Jersey, or the president of the triborough bridge and tunnel\nauthority, as applicable;\n 3. "covered agency" shall mean the city of New York;\n 4. "covered authority" shall mean the bridge authority, the thruway\nauthority, the triborough bridge and tunnel authority, and the port\nauthority of New York and New Jersey;\n 5. "owner" shall have the meaning provided in article two-B of this\nchapter;\n 6. "port authority of New York and New Jersey" shall mean that body\ncorporate and politic created pursuant to article three of chapter one\nhundred fifty-four of the laws of nineteen hundred twenty-one, and\ndesignated as "The Port Authority of New York and New Jersey" by such\nchapter;\n 7. "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 8. "triborough bridge and tunnel authority" shall mean the corporation\norganized pursuant to section five hundred fifty-two of the public\nauthorities law;\n 9. "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 10. "weigh in motion violation monitoring system" shall mean sensors,\ncapable of operating independently of an enforcement officer, installed\nto work in conjunction with other devices to capture and record the\ngross vehicle weight and the axle weight of a motor vehicle, which\nproduce at least two independently detected gross vehicle weight and/or\naxle weight measurements and automatically produce two or more\nphotographs, two or more microphotographs, a videotape or other recorded\nimages of each vehicle at the time it is used or operated in violation\nof section three hundred eighty-five of this article and the rules of\nthe applicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight, in accordance with the provisions of\nthis section;\n 11. "weigh in motion demonstration program" shall mean the\ndemonstration program authorized by this section that operates\nexclusively on covered locations;\n 12. "interstate route 278 in Kings county" shall mean that portion of\ninterstate route 278 specifically from the vicinity of Atlantic avenue\nto the vicinity of Sands street in Kings county, state of New York; and\n 13. "Rules of the applicable covered agency or covered authority"\nshall mean rules and regulations in relation to gross vehicle weight\nand/or axle weight of the following, as applicable: the New York city\ndepartment of transportation adopted pursuant to section sixteen hundred\nforty-two of this chapter; the thruway authority adopted pursuant to\nsections three hundred eighty-five and sixteen hundred thirty of this\nchapter; the triborough bridge and tunnel authority and the bridge\nauthority adopted pursuant to section sixteen hundred thirty of this\nchapter; and the port authority of New York and New Jersey adopted\npursuant to article six of chapter one hundred fifty-four of the laws of\nnineteen hundred twenty-one and chapter forty-three of the laws of\nnineteen hundred twenty-two.\n (d) A certificate, sworn to or affirmed by a technician employed by\nthe applicable covered agency or covered authority, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images, and information and data generated\nin conjunction therewith, produced by a weigh in motion violation\nmonitoring system, shall be prima facie evidence of the facts contained\ntherein. Nothing contained in this subdivision shall be deemed to\nrequire the signature of a notary public on such certificate. Any\nphotographs, microphotographs, videotape or other recorded images\nevidencing such a violation shall include an image of the motor vehicle\nalleged to be in violation and the information and data generated in\nconjunction therewith and shall be available for inspection reasonably\nin advance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n (e) An owner liable for a violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to a weigh in motion demonstration program\nestablished pursuant to this section shall be liable for monetary\npenalties not to exceed one thousand two hundred dollars for each\nviolation; provided, however, that an additional penalty not in excess\nof twenty-five dollars for each violation may be imposed for the failure\nto respond to a notice of liability within the prescribed time period.\n (f) An imposition of liability under the weigh in motion demonstration\nprogram established pursuant to this section shall not be deemed a\nconviction as an operator and shall not be made part of the operating\nrecord of the person upon whom such liability is imposed nor shall it be\nused for insurance purposes in the provision of motor vehicle insurance\ncoverage.\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 section three\nhundred eighty-five of this article and the rules of the applicable\ncovered agency or covered authority in relation to gross vehicle weight\nand/or axle weight pursuant to this section, within fourteen business\ndays if such owner is a resident of this state and within forty-five\nbusiness days if such owner is a non-resident. Personal delivery on the\nowner shall not be required. A manual or automatic record of mailing\nprepared in the ordinary course of business shall be prima facie\nevidence 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 section three\nhundred eighty-five of this article and the rules of the applicable\ncovered agency or covered authority in relation to gross vehicle weight\nand/or axle weight pursuant to this section, the United States\ndepartment of transportation number of the vehicle involved in such\nviolation, the registration number of the vehicle involved in such\nviolation, the gross vehicle weight and/or axle weight measured, the\nlocation where such violation took place, the date and time of such\nviolation, the identification number of the weigh in motion violation\nmonitoring system which recorded the violation or other document locator\nnumber, one or more date and time stamped images identifying the motor\nvehicle and the information and data evidencing the alleged violation,\nand 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 they may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in 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\napplicable covered agency or covered authority, or by any other entity\nauthorized by the applicable covered agency or covered authority to\nprepare and mail such notice of liability.\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. Provided, however, that a notice of\nliability imposed upon owners by this section where the violation\noccurred on a covered location located within a city with a population\nof one million or more shall be adjudicated by the New York city parking\nviolations 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 section three hundred eighty-five of this\narticle and the rules of the applicable covered agency or covered\nauthority in relation to gross vehicle weight and/or axle weight\npursuant to this section that the vehicle or the number plate or plates\nof such 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 or number plate or plates of such vehicle be sent by first class\nmail to the applicable covered agency or covered authority, or the\ntraffic violations bureau, court having jurisdiction or parking\nviolations bureau. Nothing contained in this subdivision shall be deemed\nto prohibit an owner which submits a police report pursuant to this\nsubdivision to the applicable covered agency or covered authority from\nlater submitting such report to the traffic violations bureau, court\nhaving jurisdiction or parking violations bureau as provided by this\nsubdivision.\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 section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to this section, provided that such owner sends to\nthe applicable covered agency or covered authority, 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 section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to this section and shall be sent a notice of\nliability pursuant to subdivision (g) of this section. Nothing contained\nin this paragraph shall be deemed to prohibit a lessor which submits\ninformation pursuant to this paragraph to the applicable covered agency\nor covered authority from later submitting such information to the\ntraffic violations bureau or court having jurisdiction as provided by\nthis paragraph.\n 2. In a city which, by local law, has authorized the adjudication of\nliability imposed upon owners by this section by a parking violations\nbureau and in a city with a population of one million or more, an owner\nwho is a lessor of a vehicle to which a notice of liability was issued\npursuant to subdivision (g) of this section shall not be liable for the\nviolation of section three hundred eighty-five of this article and the\nrules of the applicable covered agency or covered authority in relation\nto gross vehicle weight and/or axle weight pursuant to this section,\nprovided that:\n (i) 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 (ii) (A) within thirty-seven days after receiving notice from such\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 such 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 such bureau pursuant to regulations that may be promulgated\nfor such purpose; or\n (B) no later than the time period prescribed by clause (A) of this\nsubparagraph, the lessor submits to the applicable covered agency or\ncovered authority 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 clause shall be deemed to prohibit a lessor which submits\ninformation pursuant to this clause to the applicable covered agency or\ncovered authority from later submitting such information to the bureau\nas provided by clause (A) of this subparagraph.\n 3. Failure to comply with subparagraph (ii) of paragraph two of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n 4. Where the lessor complies with the provisions of paragraph two 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 (g) of this section.\n (k) 1. If the owner liable for a violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to this section was not the operator of the vehicle\nat the time of the violation, the owner may maintain an action for\nindemnification 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 operated such\nvehicle in violation of section three hundred eighty-five of this\narticle and the rules of the applicable covered agency or covered\nauthority in relation to gross vehicle weight and/or axle weight. For\npurposes of this subdivision there shall be a presumption that the\noperator of such vehicle was operating such vehicle with the consent of\nthe owner at the time such operator operated such vehicle in violation\nof section three hundred eighty-five of this article and the rules of\nthe applicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight.\n (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight.\n (m) If a covered agency or covered authority adopts a demonstration\nprogram pursuant to subdivision (a) of this section it shall conduct a\nstudy and submit a report on the results of the use of weigh in motion\nviolation monitoring systems to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand twenty-six and on the same date every two years thereafter in\nwhich the demonstration program is operable. Such covered agency or\ncovered authority shall also post such annual report on its website.\nSuch report shall include:\n 1. the locations where and dates when weigh in motion violation\nmonitoring systems were used;\n 2. the total number of trucks weighed and the total number of\nviolations recorded by weigh in motion violation monitoring systems in\naccordance with this section in the aggregate on a daily, weekly and\nmonthly basis;\n 3. the total number of violations recorded by weigh in motion\nviolation monitoring systems that were either ten percent or more above\nthe gross vehicle weight or twenty percent or more above the axle\nweight;\n 4. the total number of notices of liability issued for violations\nrecorded by such weigh in motion systems;\n 5. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by weigh in motion\nsystems;\n 6. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by weigh in motion systems;\n 7. the total amount of revenue realized by the applicable covered\nagency or covered authority in connection with the program;\n 8. the expenses incurred by the applicable covered agency or covered\nauthority in connection with the program;\n 9. the quality of the adjudication process and its results; and\n 10. the total capital amount spent on repair, reconstruction, and/or\nmaintenance on each applicable covered location, including, for the city\nof New York, the total capital amount spent on repair or reconstruction\nof interstate route 278 in Kings county and the total capital amount\nspent on repair or reconstruction of interstate route 278 specifically\nfrom the vicinity of Atlantic avenue to the vicinity of Sands street in\nKings county.\n (n) It shall be a defense to any prosecution for a violation of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight pursuant to this section that such\nweigh in motion violation monitoring system was malfunctioning at the\ntime of the alleged violation.\n (o) It shall be a defense to any prosecution for a violation of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight pursuant to this section that:\n 1. the operator of the motor vehicle alleged to be in violation\noperated such vehicle in accordance with the terms and conditions of any\noverweight permit issued in accordance with this chapter and any rules\nand regulations promulgated thereto; or\n 2. the owner of the motor vehicle alleged to be in violation has\nreceived notices of liability for no less than two other violations of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight pursuant to this section for the same\nmotor vehicle occurring within the same twenty-four hour period as such\nviolation, and has been found liable for such other violations and paid\nall applicable fines and penalties for such other violations.\n * NB Repealed December 1, 2030\n