Section 1111-B. Owner liability for failure of operator to comply with traffic-control indications

(a) 1. Notwithstanding any other  provision
  of law, the county of Nassau is hereby authorized and empowered to adopt
  and  amend a local law or ordinance establishing 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 such
  county  in  accordance  with  the  provisions  of  this  section.   Such
  demonstration  program  shall empower such county to install and operate
  traffic-control signal photo violation-monitoring  devices  at  no  more
  than  fifty  intersections  within  and  under  the jurisdiction of such
  county 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 county  has  made  a  reasonable  effort  to
  comply with the provisions of this paragraph.
    (b)  In  any  such  county  which has adopted a local law or ordinance
  pursuant to subdivision (a) of this section,  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 this article, 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 this article.
    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control signal photo violation-monitoring system" shall mean  a
  vehicle  sensor  installed to work in conjunction with a traffic-control
  signal which 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 this article.
    (d) A certificate, sworn to or affirmed by a  technician  employed  by
  Nassau  county  in  which the charged violation occurred, 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 pursuant to a local law or ordinance adopted pursuant to  this
  section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local  law  or  ordinance.  The  liability  of  the  owner
  pursuant  to  this  section  shall  not  exceed  fifty  dollars for each
  violation; provided, however, that  such  local  law  or  ordinance  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.
    (f)  An imposition of liability under a local law or ordinance adopted
  pursuant to 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.
    (g) 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 this article pursuant to this
  section. Personal delivery 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 this article  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  Nassau
  county  or  by any other entity authorized by such county to prepare and
  mail such notification of violation.
    (h) Adjudication of the liability imposed upon owners by this  section
  shall be by the court having jurisdiction over traffic infractions.
    (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 this article 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 been 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 to the court having jurisdiction.
    (j)  An  owner  who  is  a  lessor  of  a vehicle to which a notice of
  liability was issued pursuant to subdivision (g) of this  section  shall
  not  be  liable  for  the violation of subdivision (d) of section eleven
  hundred eleven of this article, provided that he or  she  sends  to  the
  court  having  jurisdiction  a  copy  of the rental, lease or other such
  contract document covering such vehicle on the date  of  the  violation,
  with  the  name  and  address  of  the  lessee  clearly  legible, within
  thirty-seven days after receiving notice from the court of the date  and
  time of such violation, together with the other information contained in
  the  original  notice  of  liability.  Failure  to send such information
  within such thirty-seven day time period shall render the  owner  liable
  for  the  penalty  prescribed by this section. Where the lessor complies
  with the provisions of this paragraph, 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 the
  violation of subdivision (d) of section eleven hundred  eleven  of  this

  article pursuant to this section and shall be sent a notice of liability
  pursuant to subdivision (g) of this section.
    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
  section eleven hundred eleven of this article 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.
    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.
    (l)  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 this article.
    (m)  When a county has established a demonstration program pursuant to
  this section, all fines and penalties collected under such program shall
  be made to the county treasurer within the first ten days of  the  month
  following collection.
    (n)  In  any such county which adopts a demonstration program pursuant
  to subdivision (a) of this section, such county shall submit  an  annual
  report  on  the  results  of  the  use of a traffic-control signal photo
  violation-monitoring system to the governor, the temporary president  of
  the  senate and the speaker of the assembly on or before June first, two
  thousand ten 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. 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. 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;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of disposition  made  for  violations
  recorded by such systems;
    8. the total amount of revenue realized by such county;
    9.  expenses  incurred  by such county in connection with the program;
  and
    10. quality of the adjudication process and its results.
    (o) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section

  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2014
    * NB There are 6 § 1111-b's