S T A T E O F N E W Y O R K
________________________________________________________________________
7948
2025-2026 Regular Sessions
I N S E N A T E
May 14, 2025
___________
Introduced by Sen. PALUMBO -- 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 authorizing the village of Southampton in the town of
Southampton, county of Suffolk to establish a demonstration program
imposing monetary liability on the owner of a vehicle for failure of
an operator thereof to comply with posted maximum speed limits; and
providing for the repeal of such provisions upon expiration thereof
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 1180-h to read as follows:
§ 1180-H. OWNER LIABILITY FOR FAILURE OF THE OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS; VILLAGE OF SOUTHAMPTON, TOWN OF
SOUTHAMPTON, COUNTY OF SUFFOLK. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE VILLAGE OF SOUTHAMPTON, IN THE TOWN OF SOUTHAMP-
TON, COUNTY OF SUFFOLK IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS ON
ANY ROAD IN SUCH VILLAGE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH VILLAGE, FOR PURPOSES OF THE IMPLEMENTATION OF THE DEMON-
STRATION PROGRAM, SHALL OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS
WITHIN SUCH VILLAGE AT NO MORE THAN FIVE LOCATIONS AT ANY ONE TIME
DURING ANY YEAR OF SUCH PROGRAM. SUCH PHOTO SPEED VIOLATION MONITORING
SYSTEMS MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS
SELECTED BY SUCH VILLAGE. SUCH PHOTO SPEED VIOLATION MONITORING SYSTEMS
SHALL BE PLACED AT LOCATIONS BASED ON CRITERIA, INCLUDING BUT NOT LIMIT-
ED TO WHETHER THE LOCATION IS WITHIN A QUARTER MILE OF A SCHOOL, SPEED-
ING DATA, ACCIDENT HISTORY, PROXIMITY TO FACILITIES FOR SENIOR CITIZENS
OR DISABLED PERSONS, ROADWAY GEOMETRY AND EQUITABLE GEOGRAPHIC DISTRIB-
UTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13038-01-5
S. 7948 2
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
VILLAGE AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM PURSUANT TO THIS
SECTION UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESSFULLY
PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL
CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS SUBDIVI-
SION. THE VILLAGE SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED
VIOLATION MONITORING SYSTEM IS IN USE TO BE MOUNTED ON ADVANCE WARNING
SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING SPEED ZONE
AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SPEED ZONE, IN
CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT THE VILLAGE OPERATES THAT (I)
STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS
SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY
PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE
PRODUCING A RECORDED IMAGE THAT DAY. THE VILLAGE SHALL RETAIN EACH SUCH
DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION
MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM
USE OR THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY
ISSUED BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE VILLAGE SHALL
KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING
SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
5. (I) SUCH DEMONSTRATION PROGRAMS SHALL UTILIZE NECESSARY TECHNOLO-
GIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE VILLAGE SHOWS THAT IT
MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH
IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE VILLAGE FOR THE PURPOSE OF THE ADJUDICATION OF
LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A
NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY
THE VILLAGE UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO
WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE
OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
S. 7948 3
EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) WHERE A VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM 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 (C) OR (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM;
PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE
HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
S. 7948 4
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER; AND
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A SPEED ZONE IN VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR
CONTRACTOR, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
A PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE 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 THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A DEMON-
STRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF SUCH COUNTY;
PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED IN
EXCESS OF THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES PER HOUR AND LESS
THAN THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONE-
TARY PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT BY THIRTY
OR MORE MILES PER HOUR SHALL NOT EXCEED ONE HUNDRED DOLLARS; PROVIDED,
FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO
EXCEED 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 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 VEHI-
CLE 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
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS A RESIDENT
OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH OWNER IS A
NON-RESIDENT. 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.
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
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY 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, THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AT LEAST TWO
DATE AND TIME STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT
INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR VEHICLE, AND THE
CERTIFICATE CHARGING THE LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH THE PERSON MAY
S. 7948 5
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON 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 THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY THE VILLAGE AUTHORIZED TO IMPLEMENT A DEMON-
STRATION PROGRAM PURSUANT TO THIS SECTION.
(H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH 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 SUBDIVI-
SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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 AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE JUSTICE COURT OF SAID
VILLAGE.
(I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH VILLAGE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH VILLAGE
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH COURT THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED 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 SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE 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 SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
(J) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY 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.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) WHERE A VILLAGE ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
VISION (A) OF THIS SECTION, SUCH VILLAGE SHALL SUBMIT A REPORT ON THE
RESULTS OF THE USE OF PHOTO SPEED VIOLATION MONITORING SYSTEMS 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 EFFEC-
TIVE DATE OF THIS SECTION AND ON THE SAME DATE IN EACH SUCCEEDING YEAR
S. 7948 6
IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS WHERE PHOTO SPEED VIOLATION MONITOR-
ING SYSTEMS WERE USED;
2. THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE; AND
7. 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 (v) to read as follows:
(V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-H
OF THE VEHICLE AND TRAFFIC LAW.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2030 when upon such date
the provisions of this act shall be deemed repealed.
