S 7199: Authorizes a municipality to adopt a local law or ordinance to establish a program imposing monetary liability on the owner of a vehicle for failure of an operator to install and operate stop sign and pedestrian crossing photo violation monitoring systems.

  
  STATE OF NEW YORK ________________________________________________________________________ 7199 2025-2026 Regular Sessions  IN SENATE April 3, 2025 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the public officers law, in relation to owner liability for failure to stop at a stop sign or yield for a pedestrian 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 1174-b to read as follows: 3 § 1174-b. Owner liability for failure of operator to stop at a stop 4 sign or yield for a pedestrian as required by law. (a) Notwithstanding 5 any other provision of law, any municipality is hereby authorized and 6 empowered to adopt and amend a local law or ordinance establishing a 7 program imposing monetary liability on the owner of a vehicle for fail- 8 ure of an operator thereof to comply with subdivision (a) of section 9 eleven hundred seventy-two, section eleven hundred forty-two, or section 10 eleven hundred fifty-one of this title. Such program shall empower such 11 municipality to install and operate stop sign and pedestrian crossing 12 photo violation monitoring systems which may be stationary or mobile, 13 and which may be installed within the boundaries of such municipality. 14 (b) Such program shall utilize necessary technologies to ensure, to 15 the extent practicable, that photographs produced by such photo 16 violation monitoring systems shall not include images that identify the 17 driver, the passengers, or the contents of the vehicle. Provided, howev- 18 er, that no notice of liability issued pursuant to this section shall be 19 dismissed solely because a photograph or photographs allow for the iden- 20 tification of the driver, passengers, or the contents of a vehicle, 21 provided that such municipality has made a reasonable effort to comply 22 with the provisions of this paragraph. 23 (c) In any such municipality which has adopted a local law or ordi- 24 nance pursuant to subdivision (a) of this section, the owner of a vehi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11215-01-5 
 S. 7199 2 1 cle shall be liable for a penalty imposed pursuant to this section if 2 such vehicle was used or operated with the permission of the owner, 3 express or implied, in violation of subdivision (a) of section eleven 4 hundred seventy-two, section eleven hundred forty-two, or section eleven 5 hundred fifty-one of this title, and such violation is evidenced by 6 information obtained from a stop sign or pedestrian crossing photo 7 violation monitoring system. 8 (d) For purposes of this section, the following terms shall have the 9 following meanings: 10 1. "Owner" shall have the meaning as defined pursuant to section two 11 hundred thirty-nine of this chapter. 12 2. "Stop sign and pedestrian crossing photo violation monitoring 13 system" shall mean a sensor installed to work in conjunction with a stop 14 or yield sign which automatically produces two or more photographs, two 15 or more microphotographs, a videotape or other recorded images of each 16 vehicle at the time it is used or operated in violation of subdivision 17 (a) of section eleven hundred seventy-two, section eleven hundred 18 forty-two, or section eleven hundred fifty-one of this title. 19 3. "Operator" means any person, corporation, firm, partnership, agen- 20 cy, association, organization or lessee that uses or operates a vehicle 21 with or without the permission of the owner, and an owner who operates 22 such owner's own vehicle. 23 4. "Municipality" means a county, city, town or village, including an 24 incorporated village. 25 (e) A certificate, sworn to or affirmed by a technician employed by 26 the municipality in which the charged violation occurred, or a facsimile 27 thereof, based upon inspection of photographs, microphotographs, vide- 28 otape or other recorded images produced by such stop sign and pedestrian 29 crossing photo monitoring system, shall be prima facie evidence of the 30 facts contained therein. Any photographs, microphotographs, videotape or 31 other recorded images evidencing such a violation shall be available for 32 inspection in any proceeding to adjudicate the liability for such 33 violation pursuant to a local law or ordinance adopted pursuant to this 34 section. 35 (f) An owner liable for a violation of subdivision (a) of section 36 eleven hundred seventy-two, section eleven hundred forty-two, or section 37 eleven hundred fifty-one of this title pursuant to a local law or ordi- 38 nance adopted pursuant to this section shall be liable for monetary 39 penalties in accordance with a schedule of fines and penalties to be set 40 forth in such local law or ordinance. The liability of the owner pursu- 41 ant to this section shall not exceed fifty dollars for each violation; 42 provided, however, that such local law or ordinance may provide for an 43 additional penalty not in excess of twenty-five dollars for each 44 violation for the failure to respond to a notice of liability within the 45 prescribed time period. For the purposes of this section a failure to 46 respond shall mean that the owner failed to send a written response to 47 the violation by first class mail within the prescribed time period; the 48 owner shall have a valid defense against any additional late penalty if 49 it is shown through adjudication that the owner sent written response by 50 first class mail within the prescribed time period. 51 (g) An imposition of liability under a local law or ordinance adopted 52 pursuant to this section shall not be deemed a conviction as an operator 53 and shall not be made part of the operating record of the person upon 54 whom such liability is imposed, nor shall it be used for insurance 55 purposes in the provision of motor vehicle insurance coverage. 
 S. 7199 3 1 (h) 1. A notice of liability shall be sent by first class mail within 2 twenty-one days of the alleged violation to each person alleged to be 3 liable as an owner for a violation of subdivision (a) of section eleven 4 hundred seventy-two, section eleven hundred forty-two, or section eleven 5 hundred fifty-one of this title pursuant to this section. Personal 6 delivery on the owner shall not be required. A manual or automatic 7 record of mailing prepared in the ordinary course of business shall be 8 prima facie evidence of the facts contained therein. 9 2. A notice of liability shall contain the name and address of the 10 person alleged to be liable as an owner for a violation of subdivision 11 (a) of section eleven hundred seventy-two, section eleven hundred 12 forty-two, or section eleven hundred fifty-one of this title pursuant to 13 this section, the registration number of the vehicle involved in such 14 violation, the location where such violation took place, the date and 15 time of such violation, and the identification number of the camera 16 which recorded the violation or other document locator number. 17 3. The notice of liability shall contain information advising the 18 person charged of the manner and the time in which such person may 19 contest the liability alleged in the notice. Such notice of liability 20 shall also contain a warning to advise the persons charged that failure 21 to contest in the manner and time provided shall be deemed an admission 22 of liability and that a default judgment may be entered thereon. 23 4. The notice of liability shall be prepared and mailed by the munici- 24 pality where the alleged violation occurred or by any other entity 25 authorized by such municipality to prepare and mail such notification of 26 violation. 27 (i) Adjudication of the liability imposed upon owners by this section 28 shall be by the court having jurisdiction over traffic infractions. 29 (j) If an owner receives a notice of liability pursuant to this 30 section for any time period during which the vehicle was reported to the 31 police department as having been stolen, it shall be a valid defense to 32 an allegation of liability for a violation of subdivision (a) of section 33 eleven hundred seventy-two, section eleven hundred forty-two, or section 34 eleven hundred fifty-one of this title pursuant to this section that the 35 vehicle had been reported to the police as stolen prior to the time the 36 violation occurred and had not been recovered by such time. For purposes 37 of asserting the defense provided by this subdivision, it shall be 38 sufficient that a certified copy of the police report on the stolen 39 vehicle be sent by first class mail to the traffic violations bureau or 40 court having jurisdiction. 41 (k) An owner who is a lessor of a vehicle to which a notice of liabil- 42 ity was issued pursuant to subdivision (h) of this section shall not be 43 liable for the violation of subdivision (a) of section eleven hundred 44 seventy-two, section eleven hundred forty-two, or section eleven hundred 45 fifty-one of this title, provided that such owner sends to the traffic 46 violations bureau or court having jurisdiction a copy of the rental, 47 lease or other such contract document covering such vehicle on the date 48 of the violation, with the name and address of the lessee clearly legi- 49 ble, within thirty-seven days after receiving notice from the bureau or 50 court of the date and time of such violation, together with the other 51 information contained in the original notice of liability. Failure to 52 send such information within such thirty-seven day time period shall 53 render the owner liable for the penalty prescribed by this section. 54 Where the lessor complies with the provisions of this subdivision, the 55 lessee of such vehicle on the date of such violation shall be deemed to 56 be the owner of such vehicle for purposes of this section, shall be 
 S. 7199 4 1 subject to liability for the violation of subdivision (a) of section 2 eleven hundred seventy-two, section eleven hundred forty-two, or section 3 eleven hundred fifty-one of this title pursuant to this section and 4 shall be sent a notice of liability pursuant to subdivision (h) of this 5 section. 6 (l) 1. If the owner liable for a violation of subdivision (a) of 7 section eleven hundred seventy-two, section eleven hundred forty-two, or 8 section eleven hundred fifty-one of this title pursuant to this section 9 was not the operator of the vehicle at the time of the violation, the 10 owner may maintain an action for indemnification against the operator. 11 2. Notwithstanding any other provision of this section, no owner of a 12 vehicle shall be subject to a monetary fine imposed pursuant to this 13 section if the operator of such vehicle was operating such vehicle with- 14 out the consent of the owner at the time such operator failed to obey a 15 stop sign or pedestrian crossing. For purposes of this subdivision there 16 shall be a presumption that the operator of such vehicle was operating 17 such vehicle with the consent of the owner at the time such operator 18 failed to obey a stop sign or pedestrian crossing. 19 (m) Nothing in this section shall be construed to limit the liability 20 of an operator of a vehicle for any violation of subdivision (a) of 21 section eleven hundred seventy-two, section eleven hundred forty-two, or 22 section eleven hundred fifty-one of this title. 23 (n) Any municipality that adopts a program pursuant to subdivision (a) 24 of this section shall submit an annual report detailing the results of 25 the use of such stop sign or pedestrian-crossing photo violation moni- 26 toring system to the governor, the temporary president of the senate and 27 the speaker of the assembly on or before the first day of June next 28 succeeding the effective date of this section and on the same date in 29 each succeeding year in which the program is operable. Such report shall 30 include, but not be limited to: 31 1. a description of the locations where stop sign or pedestrian cross- 32 ing photo violation monitoring systems were used; 33 2. the aggregate number, type and severity of accidents reported at 34 locations where a stop sign or pedestrian crossing photo violation moni- 35 toring system is used for the three years preceding the installation of 36 such system, to the extent the information is maintained by the depart- 37 ment; 38 3. the aggregate number, type and severity of accidents reported at 39 locations where a stop sign or pedestrian crossing photo violation moni- 40 toring system is used for the reporting year, as well as for each year 41 that the stop sign or pedestrian crossing photo violation monitoring 42 system has been operational, to the extent the information is maintained 43 by the department; 44 4. the number of events and number of violations recorded at each 45 location where a stop sign or pedestrian crossing photo violation moni- 46 toring system is used and in the aggregate on a daily, weekly and month- 47 ly basis; 48 5. the total number of pedestrians and bicyclists crossing the inter- 49 section or pedestrian crossing, to the extent such information is gath- 50 ered by the monitoring system; 51 6. the number of notices of liability issued for violations recorded 52 by such system at each location where a stop sign or pedestrian crossing 53 photo violation monitoring system is used; 54 7. the number of fines imposed and total amount of fines paid after 55 first notice of liability; 
 S. 7199 5 1 8. the number and percentage of violations adjudicated and results of 2 such adjudications including breakdowns of dispositions made for 3 violations recorded by such systems which shall be provided at least 4 annually to such municipality by the respective courts and bureaus 5 conducting such adjudications; 6 9. the total amount of revenue realized by such municipality from such 7 adjudications including a breakdown of revenue realized by such munici- 8 pality for each year since deployment of its stop sign or pedestrian 9 crossing photo violation monitoring systems; and 10 10. expenses incurred by such municipality in connection with the 11 program. 12 (o) The net revenues of the program shall be dedicated towards a 13 public safety purpose, including pedestrian safety programs. 14 § 2. Subdivision 2 of section 87 of the public officers law is amended 15 by adding a new paragraph (v) to read as follows: 16 (v) are photographs, microphotographs, videotape or other recorded 17 images prepared under authority of section eleven hundred seventy-four-b 18 of the vehicle and traffic law. 19 § 3. This act shall take effect on the ninetieth day after it shall 20 have become a law.