S T A T E O F N E W Y O R K
________________________________________________________________________
10034
I N S E N A T E
April 24, 2026
___________
Introduced by Sen. SKOUFIS -- 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, in relation to authorizing
and empowering each municipality of the state and the department of
transportation to implement a program for imposing fines for littering
using photo violation-monitoring systems; and to amend the public
officers law, in relation to accessing records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1220 of the vehicle and traffic law is amended by
adding two new subdivisions (d) and (e) to read as follows:
(D) 1. FOR PURPOSES OF THIS SUBDIVISION, THE TERM:
(A) "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
(B) "PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF A VEHICLE AT THE
TIME AN OCCUPANT OF SUCH VEHICLE VIOLATES THE PROVISIONS OF THIS
SECTION.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH MUNICIPALITY OF
THE STATE IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL
LAW OR ORDINANCE ESTABLISHING A PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OCCUPANT THEREOF TO COMPLY WITH
THE PROVISIONS OF THIS SECTION IN SUCH MUNICIPALITY IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBDIVISION.
3. ANY PARTICIPATING MUNICIPALITY SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTI-
FY 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
MUNICIPALITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13945-03-6
S. 10034 2
4. IN ANY MUNICIPALITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT TO PARAGRAPH TWO OF THIS SUBDIVISION, 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, AND AN OCCUPANT THEREOF VIOLATED THE PROVISIONS OF THIS
SECTION, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A
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 THIS SECTION.
5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
MUNICIPALITY 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 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 SUBDIVISION.
6. AN OWNER LIABLE FOR A VIOLATION OF THIS SECTION PURSUANT TO A LOCAL
LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES TO BE SET FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IN A
MUNICIPALITY WHICH, BY LOCAL LAW OR ORDINANCE, HAS AUTHORIZED THE ADJU-
DICATION OF SUCH OWNER LIABILITY BY A PARKING VIOLATIONS BUREAU, SUCH
SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU. 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.
7. (A) 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 THIS SECTION
PURSUANT TO THIS SUBDIVISION. 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.
(B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR SUCH VIOLATION, THE REGIS-
TRATION 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.
(C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH THEY 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 LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
(D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE MUNI-
CIPALITY HAVING JURISDICTION OVER WHERE THE VIOLATION OCCURRED, OR BY
ANY OTHER ENTITY AUTHORIZED BY THE MUNICIPALITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
8. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SUBDIVI-
SION SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO
SECTION THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE
S. 10034 3
BE NONE, BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS,
EXCEPT THAT ANY MUNICIPALITY WHICH HAS ESTABLISHED AN ADMINISTRATIVE
TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
TUTING PARKING, STANDING OR STOPPING VIOLATIONS MAY, BY LOCAL LAW,
AUTHORIZE SUCH ADJUDICATION BY SUCH TRIBUNAL.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SUBDI-
VISION 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 THIS SECTION PURSUANT TO
THIS SUBDIVISION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS
STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV-
ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY
THIS PARAGRAPH 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, COURT HAVING JURISDICTION OR PARKING
VIOLATIONS BUREAU.
10. (A) IN A MUNICIPALITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED
UPON OWNERS PURSUANT TO THIS SUBDIVISION IS BY A TRAFFIC VIOLATIONS
BUREAU OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A
VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO PARAGRAPH
SEVEN OF THIS SUBDIVISION SHALL NOT BE LIABLE FOR THE VIOLATION OF THIS
SECTION, PROVIDED THAT SUCH LESSOR 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 SUCH
VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE,
WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT
OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMA-
TION 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 SUBDIVISION. WHERE THE
LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBPARAGRAPH, 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 SUBDIVISION, SHALL BE SUBJECT
TO LIABILITY FOR THE VIOLATION OF THIS SECTION PURSUANT TO THIS SUBDIVI-
SION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO PARAGRAPH SEVEN
OF THIS SUBDIVISION.
(B) (I) IN A MUNICIPALITY WHICH, BY LOCAL LAW OR ORDINANCE, HAS
AUTHORIZED THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS BY THIS
SUBDIVISION BY A PARKING VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF
A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO PARA-
GRAPH SEVEN OF THIS SUBDIVISION SHALL NOT BE LIABLE FOR THE VIOLATION OF
THIS SECTION, PROVIDED THAT:
A. PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
B. WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH THIS SUBPARAGRAPH SHALL RENDER THE OWNER
LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
S. 10034 4
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBPARA-
GRAPH, 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 SUBDIVISION,
SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SUBDI-
VISION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO PARAGRAPH
SEVEN OF THIS SUBDIVISION.
11. IF THE OWNER LIABLE FOR A VIOLATION OF THIS SECTION PURSUANT TO
THIS SUBDIVISION WAS NOT THE OCCUPANT OF THE VEHICLE WHICH VIOLATED THIS
SECTION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
SUCH OCCUPANT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION,
NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSU-
ANT TO THIS SUBDIVISION IF SUCH VEHICLE WAS BEING OPERATED OR OCCUPIED
WITHOUT THE CONSENT OF THE OWNER AT THE TIME OF SUCH VIOLATION. FOR
PURPOSES OF THIS PARAGRAPH, THERE SHALL BE A PRESUMPTION THAT THE OPERA-
TOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
OWNER AT THE TIME OF SUCH VIOLATION.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF ANY PERSON FOR ANY VIOLATION OF THIS SECTION.
13. ANY MUNICIPALITY THAT ADOPTS A PROGRAM PURSUANT TO THIS SUBDIVI-
SION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE RESULTS OF THE USE OF
SUCH PROGRAM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST OF EACH YEAR IN
WHICH THE PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(A) A DESCRIPTION OF THE LOCATIONS WHERE PHOTO VIOLATION-MONITORING
SYSTEMS WERE USED;
(B) THE AMOUNT OF LITTER FOUND ON AND ADJACENT TO HIGHWAYS NOW MONI-
TORED BY THE PROGRAM FOR THE THREE YEARS PRECEDING THE INSTALLATION OF
SUCH SYSTEM;
(C) THE AMOUNT OF LITTER FOUND ON AND ADJACENT TO HIGHWAYS MONITORED
BY THE PROGRAM FOR EACH YEAR SINCE THE INSTALLATION OF SUCH SYSTEM;
(D) THE NUMBER OF EVENTS AND NUMBER OF VIOLATIONS RECORDED WHERE A
PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN THE AGGREGATE ON A
DAILY, WEEKLY AND MONTHLY BASIS;
(E) THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
BY EACH SUCH SYSTEM;
(F) THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH
SYSTEMS;
(G) THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR
VIOLATIONS RECORDED BY SUCH SYSTEMS;
(H) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH MUNICIPALITY FROM
SUCH ADJUDICATIONS, INCLUDING BUT NOT LIMITED TO A BREAKDOWN OF REVENUE
REALIZED BY SUCH MUNICIPALITY FOR EACH YEAR SINCE DEPLOYMENT OF ITS
PHOTO VIOLATION-MONITORING SYSTEM;
(I) EXPENSES INCURRED BY SUCH MUNICIPALITY IN CONNECTION WITH THE
PROGRAM INCLUDING BUT NOT LIMITED TO ANY PART OF FINES IMPOSED BY THE
SYSTEM PAID OUT TO LEASE SUCH SYSTEM; AND
(J) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(E) 1. FOR PURPOSES OF THIS SUBDIVISION, THE TERM:
(A) "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
(B) "PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF A VEHICLE AT THE
S. 10034 5
TIME AN OCCUPANT OF SUCH VEHICLE VIOLATES THE PROVISIONS OF THIS
SECTION.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DEPARTMENT OF
TRANSPORTATION IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A PROGRAM
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OCCUPANT THEREOF TO COMPLY WITH THE PROVISIONS OF THIS SECTION ON STATE
HIGHWAYS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
3. THE DEPARTMENT OF TRANSPORTATION SHALL UTILIZE NECESSARY TECHNOLO-
GIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY
SUCH 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
THE DEPARTMENT OF TRANSPORTATION HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS SUBDIVISION.
4. ON ANY STATE HIGHWAY, 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, AND AN
OCCUPANT THEREOF VIOLATED THE PROVISIONS OF THIS SECTION, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A 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 THIS
SECTION.
5. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
DEPARTMENT OF TRANSPORTATION, OR A FACSIMILE THEREOF, BASED UPON
INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDI-
CATE THE LIABILITY FOR SUCH VIOLATION PURSUANT THIS SUBDIVISION.
6. AN OWNER LIABLE FOR A VIOLATION OF 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, EXCEPT THAT IN A MUNICI-
PALITY WHICH, BY LOCAL LAW OR ORDINANCE, HAS AUTHORIZED THE ADJUDICATION
OF SUCH OWNER LIABILITY BY A PARKING VIOLATIONS BUREAU, SUCH SCHEDULE
SHALL BE PROMULGATED BY SUCH BUREAU. THE LIABILITY OF THE OWNER PURSUANT
TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION.
7. (A) 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 THIS SECTION
PURSUANT TO THIS SUBDIVISION. 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.
(B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR SUCH VIOLATION, THE REGIS-
TRATION 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.
(C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH THEY 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
S. 10034 6
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
(D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE MUNI-
CIPALITY HAVING JURISDICTION OVER WHERE THE VIOLATION OCCURRED, OR BY
ANY OTHER ENTITY AUTHORIZED BY THE MUNICIPALITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
8. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SUBDIVI-
SION 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,
EXCEPT THAT ANY MUNICIPALITY WHICH HAS ESTABLISHED AN ADMINISTRATIVE
TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTI-
TUTING PARKING, STANDING OR STOPPING VIOLATIONS MAY, BY LOCAL LAW,
AUTHORIZE SUCH ADJUDICATION BY SUCH TRIBUNAL.
9. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SUBDI-
VISION 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 THIS SECTION PURSUANT TO
THIS SUBDIVISION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS
STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV-
ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY
THIS PARAGRAPH 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, COURT HAVING JURISDICTION OR PARKING
VIOLATIONS BUREAU.
10. (A) IN A MUNICIPALITY WHERE THE ADJUDICATION OF LIABILITY IMPOSED
UPON OWNERS PURSUANT TO THIS SUBDIVISION IS BY A TRAFFIC VIOLATIONS
BUREAU OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A
VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO PARAGRAPH
SEVEN OF THIS SUBDIVISION SHALL NOT BE LIABLE FOR THE VIOLATION OF THIS
SECTION, PROVIDED THAT SUCH LESSOR 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 SUCH
VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE,
WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT
OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMA-
TION 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 SUBDIVISION. WHERE THE
LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBPARAGRAPH, 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 SUBDIVISION, SHALL BE SUBJECT
TO LIABILITY FOR THE VIOLATION OF THIS SECTION PURSUANT TO THIS SUBDIVI-
SION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO PARAGRAPH SEVEN
OF THIS SUBDIVISION.
(B) (I) IN A MUNICIPALITY WHICH, BY LOCAL LAW OR ORDINANCE, HAS
AUTHORIZED THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS BY THIS
SUBDIVISION BY A PARKING VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF
A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO PARA-
GRAPH SEVEN OF THIS SUBDIVISION SHALL NOT BE LIABLE FOR THE VIOLATION OF
THIS SECTION, PROVIDED THAT:
A. PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
B. WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
S. 10034 7
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH THIS SUBPARAGRAPH SHALL RENDER THE OWNER
LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION.
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBPARA-
GRAPH, 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 SUBDIVISION,
SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SUBDI-
VISION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO PARAGRAPH
SEVEN OF THIS SUBDIVISION.
11. IF THE OWNER LIABLE FOR A VIOLATION OF THIS SECTION PURSUANT TO
THIS SUBDIVISION WAS NOT THE OCCUPANT OF THE VEHICLE WHICH VIOLATED THIS
SECTION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
SUCH OCCUPANT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION,
NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSU-
ANT TO THIS SUBDIVISION IF SUCH VEHICLE WAS BEING OPERATED OR OCCUPIED
WITHOUT THE CONSENT OF THE OWNER AT THE TIME OF SUCH VIOLATION. FOR
PURPOSES OF THIS PARAGRAPH, THERE SHALL BE A PRESUMPTION THAT THE OPERA-
TOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE
OWNER AT THE TIME OF SUCH VIOLATION.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF ANY PERSON FOR ANY VIOLATION OF THIS SECTION.
13. THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT AN ANNUAL REPORT
DETAILING THE RESULTS OF THE USE OF SUCH PROGRAM TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR
BEFORE JUNE FIRST OF EACH YEAR IN WHICH THE PROGRAM IS OPERABLE. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) A DESCRIPTION OF THE LOCATIONS WHERE PHOTO VIOLATION-MONITORING
SYSTEMS WERE USED;
(B) THE AMOUNT OF LITTER FOUND ON AND ADJACENT TO HIGHWAYS NOW MONI-
TORED BY THE PROGRAM FOR THE THREE YEARS PRECEDING THE INSTALLATION OF
SUCH SYSTEM;
(C) THE AMOUNT OF LITTER FOUND ON AND ADJACENT TO HIGHWAYS MONITORED
BY THE PROGRAM FOR EACH YEAR SINCE THE INSTALLATION OF SUCH SYSTEM;
(D) THE NUMBER OF EVENTS AND NUMBER OF VIOLATIONS RECORDED WHERE A
PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN THE AGGREGATE ON A
DAILY, WEEKLY AND MONTHLY BASIS;
(E) THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
BY EACH SUCH SYSTEM;
(F) THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH
SYSTEMS;
(G) THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR
VIOLATIONS RECORDED BY SUCH SYSTEMS;
(H) THE TOTAL AMOUNT OF REVENUE REALIZED FROM SUCH ADJUDICATIONS,
INCLUDING BUT NOT LIMITED TO A BREAKDOWN OF REVENUE REALIZED BY EACH
MUNICIPALITY WHERE PHOTO VIOLATION-MONITORING SYSTEMS WERE USED FOR EACH
YEAR SINCE DEPLOYMENT OF ITS PHOTO VIOLATION-MONITORING SYSTEM;
(I) EXPENSES INCURRED BY THE DEPARTMENT OF TRANSPORTATION AND EACH
MUNICIPALITY WHERE PHOTO VIOLATION-MONITORING SYSTEMS WERE USED IN
S. 10034 8
CONNECTION WITH THE PROGRAM INCLUDING BUT NOT LIMITED TO ANY PART OF
FINES IMPOSED BY THE SYSTEM PAID OUT TO LEASE SUCH SYSTEM; AND
(J) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
§ 2. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (w) to read as follows:
(W) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SUBDIVISIONS (D) AND (E) OF SECTION
TWELVE HUNDRED TWENTY OF THE VEHICLE AND TRAFFIC LAW.
§ 3. This act shall take effect immediately.
