STATE OF NEW YORK ________________________________________________________________________ 229 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. STECK, SANTABARBARA -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to adjudi- cations and owner liability for a violation of traffic-control signal indications in the city of Schenectady; to amend the public officers law, in relation to accessing records; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 1111-i to read as follows: 3 § 1111-i. Owner liability for failure of operator to comply with 4 traffic-control indications; city of Schenectady. (a) 1. Notwithstand- 5 ing any other provision of law, the city of Schenectady is hereby 6 authorized and empowered to adopt and amend a local law or ordinance 7 establishing a demonstration program imposing monetary liability on the 8 owner of a vehicle for failure of an operator thereof to comply with 9 traffic-control indications in such city in accordance with the 10 provisions of this section. Such demonstration program shall empower 11 such city to install and operate traffic-control signal photo viola- 12 tion-monitoring devices at no more than twelve intersections within such 13 city at any one time. 14 2. Such demonstration program shall utilize necessary technologies to 15 ensure, to the extent practicable, that photographs produced by such 16 traffic-control signal photo violation-monitoring systems shall not 17 include images that identify the driver, the passengers, or the contents 18 of the vehicle. Provided, however, that no notice of liability issued 19 pursuant to this section shall be dismissed solely because a photograph 20 or photographs allow for the identification of the contents of a vehi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00361-01-5
A. 229 2 1 cle, provided that such city has made a reasonable effort to comply with 2 the provisions of this paragraph. 3 (b) In any such city which has adopted a local law or ordinance pursu- 4 ant to subdivision (a) of this section, the owner of a vehicle shall be 5 liable for a penalty imposed pursuant to this section if such vehicle 6 was used or operated with the permission of the owner, express or 7 implied, in violation of subdivision (d) of section eleven hundred elev- 8 en of this article, and such violation is evidenced by information 9 obtained from a traffic-control signal photo violation-monitoring 10 system; provided however that no owner of a vehicle shall be liable for 11 a penalty imposed pursuant to this section where the operator of such 12 vehicle has been convicted of the underlying violation of subdivision 13 (d) of section eleven hundred eleven of this article. 14 (c) For purposes of this section, "owner" shall have the meaning as 15 provided in article two-B of this chapter. For purposes of this section, 16 "traffic-control signal photo violation-monitoring system" shall mean a 17 vehicle sensor installed to work in conjunction with a traffic-control 18 signal which automatically produces two or more photographs, two or more 19 microphotographs, a videotape or other recorded images of each vehicle 20 at the time it is used or operated in violation of subdivision (d) of 21 section eleven hundred eleven of this article. 22 (d) A certificate, sworn to or affirmed by a technician employed by 23 the city of Schenectady in which the charged violation occurred, or a 24 facsimile thereof, based upon inspection of photographs, microphoto- 25 graphs, videotape or other recorded images produced by a traffic-control 26 signal photo violation-monitoring system, shall be prima facie evidence 27 of the facts contained therein. Any photographs, microphotographs, vide- 28 otape or other recorded images evidencing such a violation shall be 29 available for inspection in any proceeding to adjudicate the liability 30 for such violation pursuant to a local law or ordinance adopted pursuant 31 to this section. 32 (e) An owner liable for a violation of subdivision (d) of section 33 eleven hundred eleven of this article pursuant to a local law or ordi- 34 nance adopted pursuant to this section shall be liable for monetary 35 penalties in accordance with a schedule of fines and penalties to be set 36 forth in such local law or ordinance, except that if such city by local 37 law has authorized the adjudication of such owner liability by a parking 38 violations bureau, such schedule shall be promulgated by such bureau. 39 The liability of the owner pursuant to this section shall not exceed 40 fifty dollars for each violation; provided, however, that such local law 41 or ordinance may provide for an additional penalty not in excess of 42 twenty-five dollars for each violation for the failure to respond to a 43 notice of liability within the prescribed time period. 44 (f) An imposition of liability under a local law or ordinance adopted 45 pursuant to this section shall not be deemed a conviction as an operator 46 and shall not be made part of the operating record of the person upon 47 whom such liability is imposed nor shall it be used for insurance 48 purposes in the provision of motor vehicle insurance coverage. 49 (g) 1. A notice of liability shall be sent by first class mail to each 50 person alleged to be liable as an owner for a violation of subdivision 51 (d) of section eleven hundred eleven of this article pursuant to this 52 section. Personal delivery on the owner shall not be required. A manual 53 or automatic record of mailing prepared in the ordinary course of busi- 54 ness shall be prima facie evidence of the facts contained therein. 55 2. A notice of liability shall contain the name and address of the 56 person alleged to be liable as an owner for a violation of subdivision
A. 229 3 1 (d) of section eleven hundred eleven of this article pursuant to this 2 section, the registration number of the vehicle involved in such 3 violation, the location where such violation took place, the date and 4 time of such violation and the identification number of the camera which 5 recorded the violation or other document locator number. 6 3. The notice of liability shall contain information advising the 7 person charged of the manner and the time in which he or she may contest 8 the liability alleged in the notice. Such notice of liability shall also 9 contain a warning to advise the persons charged that failure to contest 10 in the manner and time provided shall be deemed an admission of liabil- 11 ity and that a default judgment may be entered thereon. 12 4. The notice of liability shall be prepared and mailed by the city of 13 Schenectady, or by any other entity authorized by such city to prepare 14 and mail such notification of violation. 15 (h) Adjudication of the liability imposed upon owners by this section 16 shall be by a traffic violations bureau established pursuant to section 17 three hundred seventy of the general municipal law or, if there be none, 18 by the court having jurisdiction over traffic infractions, except that 19 if such city has established an administrative tribunal to hear and 20 determine complaints of traffic infractions constituting parking, stand- 21 ing or stopping violations such city may, by local law, authorize such 22 adjudication by such tribunal. 23 (i) If an owner receives a notice of liability pursuant to this 24 section for any time period during which the vehicle was reported to the 25 police department as having been stolen, it shall be a valid defense to 26 an allegation of liability for a violation of subdivision (d) of section 27 eleven hundred eleven of this article pursuant to this section that the 28 vehicle had been reported to the police as stolen prior to the time the 29 violation occurred and had not been recovered by such time. For purposes 30 of asserting the defense provided by this subdivision it shall be suffi- 31 cient that a certified copy of the police report on the stolen vehicle 32 be sent by first class mail to the traffic violations bureau, court 33 having jurisdiction or parking violations bureau. 34 (j) 1. In such city where the adjudication of liability imposed upon 35 owners pursuant to this section is by a traffic violations bureau or a 36 court having jurisdiction, an owner who is a lessor of a vehicle to 37 which a notice of liability was issued pursuant to subdivision (g) of 38 this section shall not be liable for the violation of subdivision (d) of 39 section eleven hundred eleven of this article, provided that he or she 40 sends to the traffic violations bureau or court having jurisdiction a 41 copy of the rental, lease or other such contract document covering such 42 vehicle on the date of the violation, with the name and address of the 43 lessee clearly legible, within thirty-seven days after receiving notice 44 from the bureau or court of the date and time of such violation, togeth- 45 er with the other information contained in the original notice of 46 liability. Failure to send such information within such thirty-seven 47 day time period shall render the owner liable for the penalty prescribed 48 by this section. Where the lessor complies with the provisions of this 49 paragraph, the lessee of such vehicle on the date of such violation 50 shall be deemed to be the owner of such vehicle for purposes of this 51 section, shall be subject to liability for the violation of subdivision 52 (d) of section eleven hundred eleven of this article pursuant to this 53 section and shall be sent a notice of liability pursuant to subdivision 54 (g) of this section. 55 2. (I) In such city which, by local law, has authorized the adjudi- 56 cation of liability imposed upon owners by this section by a parking
A. 229 4 1 violations bureau, an owner who is a lessor of a vehicle to which a 2 notice of liability was issued pursuant to subdivision (g) of this 3 section shall not be liable for the violation of subdivision (d) of 4 section eleven hundred eleven of this article, provided that: 5 (A) prior to the violation, the lessor has filed with the bureau in 6 accordance with the provisions of section two hundred thirty-nine of 7 this chapter; and 8 (B) within thirty-seven days after receiving notice from the bureau of 9 the date and time of a liability, together with the other information 10 contained in the original notice of liability, the lessor submits to the 11 bureau the correct name and address of the lessee of the vehicle identi- 12 fied in the notice of liability at the time of such violation, together 13 with such other additional information contained in the rental, lease or 14 other contract document, as may be reasonably required by the bureau 15 pursuant to regulations that may be promulgated for such purpose. 16 (II) Failure to comply with clause (B) of subparagraph (I) of this 17 paragraph shall render the owner liable for the penalty prescribed in 18 this section. 19 (III) Where the lessor complies with the provisions of this paragraph, 20 the lessee of such vehicle on the date of such violation shall be deemed 21 to be the owner of such vehicle for purposes of this section, shall be 22 subject to liability for such violation pursuant to this section and 23 shall be sent a notice of liability pursuant to subdivision (g) of this 24 section. 25 (k) 1. If the owner liable for a violation of subdivision (d) of 26 section eleven hundred eleven of this article pursuant to this section 27 was not the operator of the vehicle at the time of the violation, the 28 owner may maintain an action for indemnification against the operator. 29 2. Notwithstanding any other provision of this section, no owner of a 30 vehicle shall be subject to a monetary fine imposed pursuant to this 31 section if the operator of such vehicle was operating such vehicle with- 32 out the consent of the owner at the time such operator failed to obey a 33 traffic-control indication. For purposes of this subdivision there shall 34 be a presumption that the operator of such vehicle was operating such 35 vehicle with the consent of the owner at the time such operator failed 36 to obey a traffic-control indication. 37 (l) Nothing in this section shall be construed to limit the liability 38 of an operator of a vehicle for any violation of subdivision (d) of 39 section eleven hundred eleven of this article. 40 (m) Any city that adopts a demonstration program pursuant to subdivi- 41 sion (a) of this section shall submit an annual report detailing the 42 results of the use of such traffic-control signal photo violation-moni- 43 toring system to the governor, the temporary president of the senate and 44 the speaker of the assembly on or before the first day of June next 45 succeeding the effective date of this section and on the same date in 46 each succeeding year in which the demonstration program is operable. 47 Such report shall include, but not be limited to: 48 1. a description of the locations where traffic-control signal photo 49 violation-monitoring systems were used; 50 2. the aggregate number, type and severity of accidents reported at 51 intersections where a traffic-control signal photo violation-monitoring 52 system is used for the three years preceding the installation of such 53 system, to the extent the information is maintained by the department of 54 motor vehicles of this state; 55 3. the aggregate number, type and severity of accidents reported at 56 intersections where a traffic-control signal photo violation-monitoring
A. 229 5 1 system is used for the reporting year, as well as for each year that the 2 traffic-control signal photo violation-monitoring system has been opera- 3 tional, to the extent the information is maintained by the department of 4 motor vehicles of this state; 5 4. the number of events and number of violations recorded at each 6 intersection where a traffic-control signal photo violation-monitoring 7 system is used and in the aggregate on a daily, weekly and monthly 8 basis; 9 5. the number of notices of liability issued for violations recorded 10 by such system at each intersection where a traffic-control signal photo 11 violation-monitoring system is used; 12 6. the number of fines imposed and total amount of fines paid after 13 first notice of liability issued for violations recorded by such 14 systems; 15 7. the number and percentage of violations adjudicated and results of 16 such adjudications including breakdowns of dispositions made for 17 violations recorded by such systems; 18 8. the total amount of revenue realized by such city from such adjudi- 19 cations including a breakdown of revenue realized by such city for each 20 year since deployment of its traffic-control signal photo violation-mon- 21 itoring system; 22 9. expenses incurred by such city in connection with the program; and 23 10. quality of the adjudication process and its results. 24 (n) It shall be a defense to any prosecution for a violation of subdi- 25 vision (d) of section eleven hundred eleven of this article pursuant to 26 a local law or ordinance adopted pursuant to this section that such 27 traffic-control indications were malfunctioning at the time of the 28 alleged violation. 29 § 2. Subdivision 2 of section 87 of the public officers law is amended 30 by adding a new paragraph (v) to read as follows: 31 (v) are photographs, microphotographs, videotape or other recorded 32 images prepared under authority of section eleven hundred eleven-i of 33 the vehicle and traffic law. 34 § 3. The purchase or lease of equipment for a demonstration program 35 established pursuant to section 1111-i of the vehicle and traffic law 36 shall be subject to the provisions of section 103 of the general munici- 37 pal law. 38 § 4. This act shall take effect on the thirtieth day after it shall 39 have become a law and shall expire and be deemed repealed December 1, 40 2030, provided, further, that any such local law as may be enacted 41 pursuant to section one of this act shall remain in full force and 42 effect only until December 1, 2030.