Section 19-210. Owner liability for failure of operator to comply with traffic-control indications

(a) 1. Notwithstanding any other  provision  of law, the parking violations bureau is hereby authorized and empowered
  to  establish a demonstration program imposing monetary liability on the
  owner of a vehicle for failure of an operator  thereof  to  comply  with
  traffic-control  indications  in  accordance with the provisions of this
  section.   The   department   of   transportation,   for   purposes   of
  implementation  of  such  program,  shall  be  authorized to install and
  operate traffic-control signal photo violation-monitoring devices at  no
  more than one hundred fifty intersections at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  violation-monitoring  systems  shall not
  include images that identify the driver, the passengers, or the contents
  of the vehicle. Provided, however, that no notice  of  liability  issued
  pursuant  to this section shall be dismissed solely because a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) 1. The owner of a vehicle shall be liable for  a  penalty  imposed
  pursuant  to  this section if such vehicle was used or operated with the
  permission of the owner, express or implied, in violation of subdivision
  (d) of section eleven hundred eleven of the vehicle and traffic law, and
  such  violation  is   evidenced   by   information   obtained   from   a
  traffic-control  signal  photo  violation-monitoring  system;  provided,
  however, that no owner of a  vehicle  shall  be  liable  for  a  penalty
  imposed  pursuant to this section where the operator of such vehicle has
  been convicted of the underlying violation of subdivision (d) of section
  eleven hundred eleven of the vehicle and traffic law.
    2. Notwithstanding any other provision of this section, no owner of  a
  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
  section if the operator of  such  vehicle  was  operating  such  vehicle
  without  the  consent  of  the owner at the time such operator failed to
  obey a traffic-control indication. For  purposes  of  this  subdivision,
  there  shall  be  a  presumption  that  the operator of such vehicle was
  operating such vehicle with the consent of the owner at  the  time  such
  operator failed to obey a traffic-control indication.
    (c)  For  purposes  of  this  section,  "owner" shall mean any person,
  corporation,  partnership,  firm,  agency,   association,   lessor,   or
  organization who at the time of the issuance of a notice of violation in
  which a vehicle is operated:
    (1) is the beneficial or equitable owner of such vehicle; or
    (2) has title to such vehicle; or
    (3)  is  the  registrant  or  co-registrant  of  such vehicle which is
  registered with the department of motor vehicles of this  state  or  any
  other state, territory, district, province nation or other jurisdiction;
  or
    (4)  uses such vehicle in its vehicle renting and/or leasing business;
  or
    (5) is an owner of such vehicle as  defined  by  section  one  hundred
  twenty-eight or subdivision (a) of section twenty-one hundred one of the
  vehicle and traffic law.
    (d)  For  purposes  of  this  section,  "traffic-control  signal photo
  violation-monitoring system" shall mean a device installed  to  work  in
  conjunction  with  a  traffic-control  signal  which,  during operation,
  automatically  produces  two  or   more   photographs,   two   or   more
  microphotographs,  a  videotape or other recorded images of each vehicle

  at the time it is used or operated in violation of  subdivision  (d)  of
  section eleven hundred eleven of the vehicle and traffic law.
    (e)  A  certificate,  sworn to or affirmed by a technician employed by
  the department,  or  a  facsimile  thereof,  based  upon  inspection  of
  photographs,   microphotographs,  videotape  or  other  recorded  images
  produced by a traffic-control signal photo violation-monitoring  system,
  shall  be  prima  facie  evidence  of  the  facts contained therein. Any
  photographs,  microphotographs,  videotape  or  other  recorded   images
  evidencing  such  a  violation  shall be available for inspection in any
  proceeding to  adjudicate  the  liability  for  such  violation  imposed
  pursuant to this section.
    (f)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of the vehicle and traffic law  pursuant  to  this
  section  shall  be  liable  for  monetary penalties in accordance with a
  schedule of fines and penalties to be promulgated by  such  bureau.  The
  liability  of  the owner pursuant to this section shall not exceed fifty
  dollars for each  violation;  provided  however  that  such  bureau  may
  provide  for  an additional penalty not in excess of twenty-five dollars
  for each violation for the failure to respond to a notice  of  liability
  within   the  prescribed  time  period.  Such  bureau  shall  adjudicate
  liability imposed by this section.
    (g) An imposition of liability under this section shall not be  deemed
  a  conviction as an operator and shall not be made part of the operating
  record of the person upon whom such liability is imposed nor shall it be
  used for insurance purposes in the provision of motor vehicle  insurance
  coverage.
    (h) 1. A notice of liability shall be sent by first class mail to each
  person  alleged  to be liable as an owner for a violation of subdivision
  (d) of section eleven hundred eleven of  the  vehicle  and  traffic  law
  pursuant  to  this  section.  Personal service on the owner shall not be
  required. A manual or  automatic  record  of  mailing  prepared  in  the
  ordinary  course  of business shall be prima facie evidence of the facts
  contained therein.
    2. A notice of liability shall contain the name  and  address  of  the
  person  alleged  to be liable as an owner for a violation of subdivision
  (d) of section eleven hundred eleven of  the  vehicle  and  traffic  law
  pursuant  to  this  section,  the  registration  number  of  the vehicle
  involved in such violation,  the  location  where  such  violation  took
  place, the date and time of such violation and the identification number
  of  the  camera  which  recorded the violation or other document locator
  number.
    3. The notice of liability  shall  contain  information  advising  the
  person charged of the manner and the time in which he or she may contest
  the liability alleged in the notice. Such notice of liability shall also
  contain  a warning to advise the persons charged that failure to contest
  in the manner  and  time  provided  shall  be  deemed  an  admission  of
  liability and that a default judgment may be entered thereon.
    4.  The notice of liability shall be prepared and mailed by the bureau
  or its designee.
    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
  section for any time period during which the vehicle was reported to the
  police  department as having been stolen, it shall be a valid defense to
  an allegation of liability for a violation of subdivision (d) of section
  eleven hundred eleven of the vehicle and traffic law  pursuant  to  this
  section that the vehicle had been reported to the police as stolen prior
  to  the  time  the  violation  occurred and had not be recovered by such
  time. For purposes of asserting the defense provided by this subdivision
  it shall be sufficient that a certified copy of the police report on the

  stolen vehicle be sent by first class mail, return receipt requested, to
  such bureau.
    (j)  If the owner liable for a violation of subdivision (d) of section
  eleven hundred eleven of the vehicle and traffic law  pursuant  to  this
  section  was  not  the  operator  of  the  vehicle  at  the  time of the
  violation, the owner may maintain an action for indemnification  against
  the operator.
    (k) An appeal of an adjudication of liability pursuant to this section
  may be taken in accordance with the provisions of section 19-208.
    (l)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
  liability was issued pursuant to subdivision (h) of this  section  shall
  not  be  liable  for  the violation of subdivision (d) of section eleven
  hundred eleven of the vehicle and traffic law provided that:
    A. prior to the violation of the lessor has filed with the bureau  and
  paid  the  required  filing  fee  in  accordance  with the provisions of
  section two hundred thirty-nine of the vehicle and traffic law; and
    B. within thirty-seven days after receiving notice from the bureau  of
  the  date  and  time of a liability, together with the other information
  contained in the original notice of liability, the lessor submits to the
  bureau the correct name  and  address  of  the  lessee  of  the  vehicle
  indentified  in  the  notice of liability at the time of such violation,
  together with such other additional information contained in the  rental
  lease  or  other contract document, as may be reasonably required by the
  bureau pursuant to regulations that may be promulgated for such purpose.
    2. Failure to comply with subparagraph B  or  paragraph  one  of  this
  subdivision  shall render the owner liable for the penalty prescribed in
  this section.
    3. Where the lessor complies with the provisions of this  subdivision,
  the lessee of such vehicle on the date of such violation shall be deemed
  to  be  the owner of such vehicle for purposes of this section, shall be
  subject to liability for such violation pursuant  to  this  section  and
  shall  be sent a notice of liability pursuant to subdivision (h) of this
  section.
    (m) Nothing in this section shall be construed to limit the  liability
  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
  section eleven hundred eleven of the vehicle and traffic law.
    (n) On or before September 1, 1989, and every four months  thereafter,
  until  such  time as the demonstration program authorized in subdivision
  (a)  hereof  shall   be   fully   operational,   the   commissioner   of
  transportation  shall  submit  a  written  report  to the council on the
  status of said demonstration program. Such report shall include, but not
  be limited to, the locations selected for inclusion in the demonstration
  program and the cost to the city, both individually and collectively, of
  each location included in such demonstration project.
    (o) The commissioner shall  submit  to  the  governor,  the  temporary
  president  of the senate, the speaker of the assembly and the council an
  annual report on the results of the  use  of  a  traffic-control  signal
  photo  violation-monitoring system on or before June first, two thousand
  seven and on the  same  date  in  each  succeeding  year  in  which  the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. within each borough of such city, the aggregate  number,  type  and
  severity  of accidents reported at intersections where a traffic-control
  signal photo violation-monitoring system is used for the year  preceding
  the  installation  of  such  system,  to  the  extent the information is
  maintained by the department of motor vehicles of this state;

    3. within each borough of such city, the aggregate  number,  type  and
  severity  of accidents reported at intersections where a traffic-control
  signal photo violation-monitoring system is  used,  to  the  extent  the
  information  is  maintained  by the department of motor vehicles of this
  state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability issued for violations recorded by such systems;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made  for  violations
  recorded by such systems;
    8.  the  total  amount  of  revenue  realized  by  such city from such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (p) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred eleven of the vehicle and
  traffic  law  pursuant  to  this  section  that   such   traffic-control
  indications were malfunctioning at the time of the alleged violation.
    * NB Expires December 1, 2014