S 7791: Establishes 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 the village of Croton-on-Hudson; repeals authorization of such program December 31, 2030.

  
  STATE OF NEW YORK ________________________________________________________________________ 7791 2025-2026 Regular Sessions  IN SENATE May 6, 2025 ___________ Introduced by Sen. HARCKHAM -- 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 adjudications and owner liability for a violation of traffic-control signal indications in the village of Croton-on-Hudson; and providing for the repeal of such provisions upon expiration there- of 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; village of Croton-on-Hudson. (a) 1. 5 Notwithstanding any other provision of law, the village of Croton-on- 6 Hudson is hereby authorized and empowered to adopt and amend a local law 7 or ordinance establishing a demonstration program imposing monetary 8 liability on the owner of a vehicle for failure of an operator thereof 9 to comply with traffic-control indications in such village in accordance 10 with the provisions of this section. Such demonstration program shall 11 empower such village to install and operate traffic-control signal photo 12 violation-monitoring devices at no more than three intersections within 13 and under the jurisdiction of such village 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- 21 cle, provided that such village has made a reasonable effort to comply 22 with the provisions of this paragraph. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11832-02-5 
 S. 7791 2 1 (b) In any such village which has adopted a local law or ordinance 2 pursuant to subdivision (a) of this section, the owner of a vehicle 3 shall be liable for a penalty imposed pursuant to this section if such 4 vehicle was used or operated with the permission of the owner, express 5 or implied, in violation of subdivision (d) of section eleven hundred 6 eleven of this article, and such violation is evidenced by information 7 obtained from a traffic-control signal photo violation-monitoring 8 system; provided however that no owner of a vehicle shall be liable for 9 a penalty imposed pursuant to this section where the operator of such 10 vehicle has been convicted of the underlying violation of subdivision 11 (d) of section eleven hundred eleven of this article. 12 (c) For purposes of this section, "owner" shall have the meaning 13 provided in article two-B of this chapter. For purposes of this section, 14 "traffic-control signal photo violation-monitoring system" shall mean a 15 vehicle sensor installed to work in conjunction with a traffic-control 16 signal which automatically produces two or more photographs, two or more 17 microphotographs, a videotape or other recorded images of each vehicle 18 at the time it is used or operated in violation of subdivision (d) of 19 section eleven hundred eleven of this article. 20 (d) A certificate, sworn to or affirmed by a technician employed by 21 the village of Croton in which the charged violation occurred, or a 22 facsimile thereof, based upon inspection of photographs, microphoto- 23 graphs, videotape or other recorded images produced by a traffic-control 24 signal photo violation-monitoring system, shall be prima facie evidence 25 of the facts contained therein. Any photographs, microphotographs, 26 videotape or other recorded images evidencing such a violation shall be 27 available for inspection in any proceeding to adjudicate the liability 28 for such violation pursuant to a local law or ordinance adopted pursuant 29 to this section. 30 (e) An owner liable for a violation of subdivision (d) of section 31 eleven hundred eleven of this article pursuant to a local law or ordi- 32 nance adopted pursuant to this section shall be liable for monetary 33 penalties in accordance with a schedule of fines and penalties to be set 34 forth in such local law or ordinance. The liability of the owner pursu- 35 ant to this section shall not exceed fifty dollars for each violation; 36 provided, however, that such local law or ordinance may provide for an 37 additional penalty not in excess of twenty-five dollars for each 38 violation for the failure to respond to a notice of liability within the 39 prescribed time period. 40 (f) An imposition of liability under a local law or ordinance adopted 41 pursuant to this section shall not be deemed a conviction as an operator 42 and shall not be made part of the operating record of the person upon 43 whom such liability is imposed nor shall it be used for insurance 44 purposes in the provision of motor vehicle insurance coverage. 45 (g) 1. A notice of liability shall be sent by first class mail to each 46 person alleged to be liable as an owner for a violation of subdivision 47 (d) of section eleven hundred eleven of this article pursuant to this 48 section. Personal delivery on the owner shall not be required. A manual 49 or automatic record of mailing prepared in the ordinary course of busi- 50 ness shall be prima facie evidence of the facts contained therein. 51 2. A notice of liability shall contain the name and address of the 52 person alleged to be liable as an owner for a violation of subdivision 53 (d) of section eleven hundred eleven of this article pursuant to this 54 section, the registration number of the vehicle involved in such 55 violation, the location where such violation took place, the date and 
 S. 7791 3 1 time of such violation and the identification number of the camera which 2 recorded the violation or other document locator number. 3 3. The notice of liability shall contain information advising the 4 person charged of the manner and the time in which such person may 5 contest the liability alleged in the notice. Such notice of liability 6 shall also contain a warning to advise the persons charged that failure 7 to contest in the manner and time provided shall be deemed an admission 8 of liability and that a default judgment may be entered thereon. 9 4. The notice of liability shall be prepared and mailed by the village 10 of Croton-on-Hudson or by any other entity authorized by such village to 11 prepare and mail such notification of violation. 12 (h) Adjudication of the liability imposed upon owners by this section 13 shall be by a traffic violations bureau established pursuant to section 14 three hundred seventy of the general municipal law or, if there be none, 15 by the court having jurisdiction over traffic infractions. 16 (i) If an owner receives a notice of liability pursuant to this 17 section for any time period during which the vehicle was reported to the 18 police department as having been stolen, it shall be a valid defense to 19 an allegation of liability for a violation of subdivision (d) of section 20 eleven hundred eleven of this article pursuant to this section that the 21 vehicle had been reported to the police as stolen prior to the time the 22 violation occurred and had not been recovered by such time. For purposes 23 of asserting the defense provided by this subdivision it shall be suffi- 24 cient that a certified copy of the police report on the stolen vehicle 25 be sent by first class mail to the traffic violations bureau or court 26 having jurisdiction. 27 (j) An owner who is a lessor of a vehicle to which a notice of liabil- 28 ity was issued pursuant to subdivision (g) of this section shall not be 29 liable for the violation of subdivision (d) of section eleven hundred 30 eleven of this article, provided that such owner sends to the traffic 31 violations bureau or court having jurisdiction a copy of the rental, 32 lease or other such contract document covering such vehicle on the date 33 of the violation, with the name and address of the lessee clearly legi- 34 ble, within thirty-seven days after receiving notice from the bureau or 35 court of the date and time of such violation, together with the other 36 information contained in the original notice of liability. Failure to 37 send such information within such thirty-seven day time period shall 38 render the owner liable for the penalty prescribed by this section. 39 Where the lessor complies with the provisions of this subdivision, the 40 lessee of such vehicle on the date of such violation shall be deemed to 41 be the owner of such vehicle for purposes of this section, shall be 42 subject to liability for the violation of subdivision (d) of section 43 eleven hundred eleven of this article pursuant to this section and shall 44 be sent a notice of liability pursuant to subdivision (g) of this 45 section. 46 (k) 1. If the owner liable for a violation of subdivision (d) of 47 section eleven hundred eleven of this article pursuant to this section 48 was not the operator of the vehicle at the time of the violation, the 49 owner may maintain an action for indemnification against the operator. 50 2. Notwithstanding any other provision of this section, no owner of a 51 vehicle shall be subject to a monetary fine imposed pursuant to this 52 section if the operator of such vehicle was operating such vehicle with- 53 out the consent of the owner at the time such operator failed to obey a 54 traffic-control indication. For purposes of this subdivision there shall 55 be a presumption that the operator of such vehicle was operating such 
 S. 7791 4 1 vehicle with the consent of the owner at the time such operator failed 2 to obey a traffic-control indication. 3 (l) Nothing in this section shall be construed to limit the liability 4 of an operator of a vehicle for any violation of subdivision (d) of 5 section eleven hundred eleven of this article. 6 (m) Any village that adopts a demonstration program pursuant to subdi- 7 vision (a) of this section shall submit an annual report detailing the 8 results of the use of such traffic-control signal photo violation-moni- 9 toring system to the governor, the temporary president of the senate and 10 the speaker of the assembly on or before the first day of June next 11 succeeding the effective date of this section and on the same date in 12 each succeeding year in which the demonstration program is operable. 13 Such report shall include, but not be limited to: 14 1. a description of the locations where traffic-control signal photo 15 violation-monitoring systems were used; 16 2. the aggregate number, type and severity of accidents reported at 17 intersections where a traffic-control signal photo violation-monitoring 18 system is used for the three years preceding the installation of such 19 system, to the extent the information is maintained by the department of 20 motor vehicles of this state; 21 3. the aggregate number, type and severity of accidents reported at 22 intersections where a traffic-control signal photo violation-monitoring 23 system is used for the reporting year, as well as for each year that the 24 traffic-control signal photo violation-monitoring system has been opera- 25 tional, to the extent the information is maintained by the department of 26 motor vehicles of this state; 27 4. the number of events and number of violations recorded at each 28 intersection where a traffic-control signal photo violation-monitoring 29 system is used and in the aggregate on a daily, weekly and monthly 30 basis; 31 5. the number of notices of liability issued for violations recorded 32 by such system at each intersection where a traffic-control signal photo 33 violation-monitoring system is used; 34 6. the number of fines imposed and total amount of fines paid after 35 first notice of liability; 36 7. the number and percentage of violations adjudicated and results of 37 such adjudications including breakdowns of dispositions made for 38 violations recorded by such systems which shall be provided at least 39 annually to such village by the respective courts and bureaus conducting 40 such adjudications; 41 8. the total amount of revenue realized by such village from such 42 adjudications including a breakdown of revenue realized by such village 43 for each year since deployment of its traffic-control signal photo 44 violation-monitoring system; 45 9. expenses incurred by such village in connection with the program; 46 and 47 10. quality of the adjudication process and its results which shall be 48 provided at least annually to such village by the respective courts and 49 bureaus conducting such adjudications. 50 (n) It shall be a defense to any prosecution for a violation of subdi- 51 vision (d) of section eleven hundred eleven of this article pursuant to 52 a local law or ordinance adopted pursuant to this section that such 53 traffic-control indications were malfunctioning at the time of the 54 alleged violation. 55 § 2. Subdivision 2 of section 87 of the public officers law is amended 56 by adding a new paragraph (v) to read as follows: 
 S. 7791 5 1 (v) are photographs, microphotographs, videotape or other recorded 2 images prepared under authority of section eleven hundred eleven-i of 3 the vehicle and traffic law. 4 § 3. The purchase or lease of equipment for a demonstration program 5 established pursuant to section 1111-i of the vehicle and traffic law 6 shall be subject to the provisions of section 103 of the general munici- 7 pal law. 8 § 4. This act shall take effect on the thirtieth day after it shall 9 have become a law and shall expire December 31, 2030, when upon such 10 date the provisions of this act shall be deemed repealed; provided, that 11 any such local law as may be enacted pursuant to section one of this act 12 shall remain in full force and effect only until December 31, 2030; 13 provided, further, that effective immediately, the addition, amendment 14 and/or repeal of any rule or regulation necessary for the implementation 15 of this act on its effective date are authorized to be made and 16 completed on or before such effective date.