S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8498
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend  the  vehicle  and  traffic law, in relation to owner
   liability for failure of an operator to  comply  with  stop  signs  in
   certain villages
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as  the  "protect
 our pedestrians (POP) act".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1174-b to read as follows:
   § 1174-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR  A  STOP
 SIGN  IN  CERTAIN  VILLAGES.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, ANY VILLAGE LOCATED WITHIN A COUNTY IN THE STATE OF NEW YORK WITH A
 POPULATION BETWEEN ONE MILLION AND ONE MILLION FIVE HUNDRED THIRTY THOU-
 SAND 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 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF
 THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH  VILLAGE  TO
 INSTALL  AND  OPERATE STOP SIGN PHOTO VIOLATION MONITORING SYSTEMS WHICH
 MAY BE STATIONARY OR MOBILE, AND WHICH MAY BE INSTALLED  ON  STOP  SIGNS
 WITHIN THE BOUNDARIES OF SUCH VILLAGE.
   (B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
 ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
 STOP SIGN PHOTO VIOLATION MONITORING SYSTEMS SHALL  NOT  INCLUDE  IMAGES
 THAT  IDENTIFY  THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHI-
 CLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT  TO
 THIS  SECTION  SHALL  BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTO-
 GRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER,  PASSENGERS,  OR  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11641-02-5
 A. 8498                             2
              

 
 CONTENTS  OF A VEHICLE, PROVIDED THAT SUCH VILLAGE HAS MADE A REASONABLE
 EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
   (C)  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 (A) OF SECTION ELEVEN HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
 TION OBTAINED FROM A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM.
   (D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "OWNER"  SHALL HAVE THE MEANING AS DEFINED PURSUANT TO SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2. "VILLAGE" SHALL MEAN ANY VILLAGE LOCATED WITHIN  A  COUNTY  IN  THE
 STATE WITH A POPULATION BETWEEN ONE MILLION AND ONE MILLION FIVE HUNDRED
 THIRTY THOUSAND.
   3.  "STOP SIGN PHOTO VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
 SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A STOP SIGN WHICH  AUTOMAT-
 ICALLY 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  (A)  OF  SECTION  ELEVEN
 HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   4.  "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
 CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A  VEHICLE
 WITH  OR  WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
 SUCH OWNER'S OWN VEHICLE.
   (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  VILLAGE  IN  WHICH  THE  CHARGED VIOLATION OCCURRED, OR A FACSIMILE
 THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDE-
 OTAPE  OR  OTHER RECORDED IMAGES PRODUCED BY A STOP SIGN 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.
   (F)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO 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  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.
   (G) 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.
   (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
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO 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.
 A. 8498                             3
 
   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
 (A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO 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 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
 WHERE  THE  ALLEGED VIOLATION OCCURRED OR BY ANY OTHER ENTITY AUTHORIZED
 BY SUCH VILLAGE TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
   (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J)  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 (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO 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 TRAFFIC VIOLATIONS BUREAU  OR
 COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY  WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE
 LIABLE FOR THE VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN  HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, PROVIDED THAT SUCH OWNER SENDS TO THE TRAF-
 FIC 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 (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS
 SECTION.
   (L) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY-TWO  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-
 A. 8498                             4
 
 OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY  A
 STOP SIGN. 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 STOP
 SIGN.
   (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   (N) 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 STOP SIGN PHOTO VIOLATION MONITORING 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  STOP  SIGN  PHOTO  VIOLATION
 MONITORING SYSTEMS WERE USED;
   2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 INTERSECTIONS WHERE A STOP SIGN 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;
   3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 INTERSECTIONS  WHERE  A  STOP  SIGN PHOTO VIOLATION MONITORING SYSTEM IS
 USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE STOP SIGN
 PHOTO VIOLATION MONITORING SYSTEM HAS BEEN OPERATIONAL,  TO  THE  EXTENT
 THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
   4.  THE  NUMBER  OF  EVENTS  AND NUMBER OF VIOLATIONS RECORDED AT EACH
 INTERSECTION WHERE A STOP SIGN 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 STOP SIGN 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 STOP SIGN PHOTO VIOLATION MONITOR-
 ING 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
 CONDUCTING SUCH ADJUDICATIONS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.