S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8360--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1111-i to read as follows:
   § 1111-I. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 TRAFFIC-CONTROL  INDICATIONS;  VILLAGE  OF  CROTON-ON-HUDSON.    (A)  1.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  VILLAGE  OF  CROTON-ON-
 HUDSON 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 VILLAGE IN ACCORDANCE
 WITH  THE  PROVISIONS  OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL
 EMPOWER SUCH VILLAGE TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING DEVICES AT NO MORE THAN THREE INTERSECTIONS  WITHIN
 AND UNDER THE JURISDICTION OF SUCH VILLAGE 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  VEHI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11832-03-5
 A. 8360--A                          2
              

 
 CLE,  PROVIDED  THAT SUCH VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
 WITH THE PROVISIONS OF THIS PARAGRAPH.
   (B)  IN  ANY  SUCH  VILLAGE 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
 THE VILLAGE OF CROTON-ON-HUDSON IN WHICH THE CHARGED VIOLATION OCCURRED,
 OR  A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHO-
 TOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A  TRAFFIC-CON-
 TROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEM,  SHALL BE PRIMA FACIE
 EVIDENCE OF THE FACTS CONTAINED THEREIN.   ANY PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  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 ORDI-
 NANCE 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 PURSU-
 ANT  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  BUSI-
 NESS 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
 A. 8360--A                          3
 
 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  SUCH  PERSON  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 VILLAGE
 OF CROTON-ON-HUDSON OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH VILLAGE TO
 PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL  BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
 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 SUFFI-
 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
 BE  SENT  BY  FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU OR COURT
 HAVING JURISDICTION.
   (J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY 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 SUCH OWNER SENDS  TO  THE  TRAFFIC
 VIOLATIONS  BUREAU  OR  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 LEGI-
 BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU  OR
 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 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 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 WITH-
 OUT  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
 A. 8360--A                          4
 
 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) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
 VISION  (A)  OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
 RESULTS OF THE USE OF SUCH TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONI-
 TORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE  SPEAKER  OF  THE  ASSEMBLY  ON OR BEFORE THE FIRST DAY OF JUNE NEXT
 SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION 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 THREE YEARS 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 FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM HAS BEEN OPERA-
 TIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF
 MOTOR VEHICLES OF THIS STATE;
   4. THE NUMBER OF EVENTS AND 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  NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
 BY SUCH SYSTEM AT EACH INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO
 VIOLATION-MONITORING SYSTEM IS USED;
   6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF  FINES  PAID  AFTER
 FIRST NOTICE OF LIABILITY;
   7.  THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
 SUCH  ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE   FOR
 VIOLATIONS  RECORDED  BY  SUCH  SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
 ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
 SUCH ADJUDICATIONS;
   8. THE TOTAL AMOUNT OF REVENUE REALIZED  BY  SUCH  VILLAGE  FROM  SUCH
 ADJUDICATIONS  INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH VILLAGE
 FOR EACH YEAR SINCE  DEPLOYMENT  OF  ITS  TRAFFIC-CONTROL  SIGNAL  PHOTO
 VIOLATION-MONITORING SYSTEM;
   9.  EXPENSES  INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
 AND
   10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
 PROVIDED AT LEAST ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS  AND
 BUREAUS CONDUCTING SUCH ADJUDICATIONS.
   (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION  (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.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
 A. 8360--A                          5
 
   (V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER  AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-I OF
 THE VEHICLE AND TRAFFIC LAW.
   §  3.  The  purchase or lease of equipment for a demonstration program
 established pursuant to section 1111-i of the vehicle  and  traffic  law
 shall be subject to the provisions of section 103 of the general munici-
 pal law.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire December 31,  2030,  when  upon  such
 date the provisions of this act shall be deemed repealed; provided, that
 any such local law as may be enacted pursuant to section one of this act
 shall  remain  in  full  force  and effect only until December 31, 2030;
 provided, further, that effective immediately, the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.