* § 1111-c-1. Owner liability for failure of operator to comply with
bus operation-related traffic regulations. (a) 1. Notwithstanding any
other provision of law, the city of New York is hereby authorized and
empowered to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with bus operation-related traffic regulations, in accordance
with the provisions of this section. The New York city department of
transportation and/or applicable mass transit agency, for purposes of
the implementation of such program, shall operate bus operation-related
photo devices that may be stationary or mobile and shall be activated at
locations determined by such department of transportation and/or on
buses selected by such department of transportation in consultation with
the applicable mass transit agency.

2. Any photographs, microphotographs, videotape or other recorded
images captured by bus operation-related photo devices shall be
inadmissible in any disciplinary proceeding convened by the applicable
mass transit agency or any subsidiary thereof and any proceeding
initiated by the department involving licensure privileges of bus
operators. Any mobile bus operation-related photo device mounted on a
bus shall be directed outwardly from such bus to capture images of
vehicles operated in violation of bus operation-related traffic
regulations, and images produced by such device shall not be used for
any other purpose in the absence of a court order requiring such images
to be produced.

3. (i) The city of New York shall adopt and enforce measures to
protect the privacy of drivers, passengers, pedestrians and cyclists
whose identity and identifying information may be captured by a bus
operation-related photo device. Such measures shall include:

(A) utilization of necessary technologies to ensure, to the extent
practicable, that photographs, microphotographs, videotape or other
recorded images produced by such bus operation-related photo devices
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 such a photograph, microphotograph, videotape or other recorded
image allows for the identification of the driver, the passengers, or
the contents of a vehicle where the city shows that it made reasonable
efforts to comply with the provisions of this paragraph in such case;

(B) the installation of signage that is clearly visible to drivers at
regular intervals along and adjacent to roadways upon which mobile
and/or stationary bus operation-related photo devices are operated
pursuant to a demonstration program authorized pursuant to this section
stating that mobile and/or stationary bus operation-related photo
devices are used to enforce bus operation-related traffic regulations,
in conformance with standards established in the MUTCD; and

(C) oversight procedures to ensure compliance with the privacy
protection measures under this subdivision.

(ii) Photographs, microphotographs, videotape or any other recorded
image from a bus operation-related photo device shall be for the
exclusive use of the city of New York 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 such city 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, microphotographs, videotape or any other recorded image
from a bus operation-related photo device 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 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,
microphotographs, 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.

(iii) The demonstration program authorized pursuant to this section is
prohibited from utilizing and from arranging for the utilization of
biometric identifying technology, including but not limited to facial
recognition technology, for any purpose. The use, and the arrangement
for the use, of biometric identifying technology, including but not
limited to facial recognition technology, on photographs,
microphotographs, videotape, or any other recorded image or data
produced by a bus operation-related photo device, by any person for any
purpose, are prohibited. For purposes of this subparagraph, "person"
shall include, but not be limited to, a human being, a public or private
corporation, an unincorporated association, a partnership, a government
or a governmental instrumentality, a court or an administrative or
adjudicatory body, and any employee, officer, and agent of the
foregoing.

(iv) Any applicable mass transit agency operating bus
operation-related photo devices shall be prohibited from accessing any
photographs, microphotographs, videotapes, other recorded images or data
from bus operation-related photo devices but shall provide, pursuant to
an agreement with the city of New York, for the proper handling and
custody of such photographs, microphotographs, videotapes, other
recorded images and data produced by such systems, and for the
forwarding of such photographs, microphotographs, videotapes, other
recorded images and data to such city for the purpose of determining
whether a motor vehicle was operated in violation of bus
operation-related traffic regulations and imposing monetary liability on
the owner of such motor vehicle therefor.

(v) Every bus upon which a mobile bus operation-related photo device
is installed and operated pursuant to a demonstration program authorized
pursuant to this section shall be equipped with signs, placards or other
displays giving notice to approaching motor vehicle operators that bus
operation-related photo devices are used to enforce bus
operation-related traffic regulations.

(b) Warning notices of violation shall be issued during the first
sixty days that bus operation-related photo devices pursuant to a
demonstration program authorized by this section are active and in
operation.

(c) If the city of New York 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 any bus operation-related traffic
regulations and such violation is evidenced by information obtained from
a bus operation-related photo device; 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 such bus operation-related traffic regulation.

(d) For purposes of this section the following terms shall have the
following meanings:

1. "owner" shall have the meaning provided in article two-B of this
chapter.

2. "bus operation-related photo device" shall mean a device that is
capable of operating independently of an enforcement officer and
produces one or more images of each vehicle at the time it is in
violation of a bus operation-related traffic regulation.

3. "bus operation-related traffic regulations" shall mean the
following provisions set forth in chapter four of title thirty-four of
the rules of the city of New York, adopted pursuant to section sixteen
hundred forty-two of this chapter: 4-08(c)(3), violation of posted no
standing rules prohibited-bus stop; 4-08(e)(9), general no stopping
zones-bicycle lanes; 4-08(f)(1), general no standing zones-double
parking; and 4-08(f)(4), general no standing zones-bus lane.

4. "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.

5. "biometric identifying technology" shall mean any tool using an
automated or semi-automated process that assists in verifying a person's
identity based on a person's biometric information.

6. "biometric information" shall mean any measurable physical,
physiological or behavioral characteristics that are attributable to a
person, including but not limited to facial characteristics, fingerprint
characteristics, hand characteristics, eye characteristics, vocal
characteristics, and any other characteristics that can be used to
identify a person including, but not limited to: fingerprints;
handprints; retina and iris patterns; DNA sequence; voice; gait; and
facial geometry.

7. "facial recognition" shall mean any tool using an automated or
semi-automated process that assists in uniquely identifying or verifying
a person by comparing and analyzing patterns based on the person's face.

(e) A certificate, sworn to or affirmed by a technician employed by
the city of New York in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a bus
operation-related photo device, 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 this section.

(f) An owner liable for a violation of a bus operation-related traffic
regulation pursuant to a demonstration program established pursuant to
this section shall be liable for monetary penalties in accordance with a
schedule of fines and penalties to be promulgated by the parking
violations bureau of the city of New York. The liability of the owner
pursuant to this section shall not exceed fifty dollars for a first
violation, one hundred dollars for a second violation within a
twelve-month period, one hundred fifty dollars for a third violation
within a twelve-month period, two hundred dollars for a fourth violation
within a twelve-month period, and two hundred fifty dollars for each
subsequent violation within a twelve-month period; provided, however,
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.

(g) An imposition of liability under the demonstration program
established pursuant to this section shall not be deemed a conviction of
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 a bus
operation-related traffic regulation. Personal delivery to 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 a bus
operation-related traffic regulation, the registration number of the
vehicle involved in such violation, the location where such violation
took place including the street address or cross streets, one or more
images identifying the violation, the date and time of such violation,
the identification number of the bus operation-related photo device
which recorded the violation or other document locator number, and
whether the device was stationary or mobile. If the bus
operation-related photo device was mobile, an identity of the vehicle
containing such bus operation-related photo device shall be included in
the notice.

3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she 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 agency
or agencies designated by the city of New York, or any other entity
authorized by such city to prepare and mail such notice of liability.

(i) Adjudication of the liability imposed upon owners by this section
shall be conducted by the New York city parking violations bureau.

(j) 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 a bus
operation-related traffic regulation 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 parking violations bureau of
such city.

(k) 1. An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (h) of this section shall
not be liable for the violation of a bus operation-related traffic
regulation, provided that:

(i) prior to the violation, the lessor has filed with such parking
violations bureau 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 parking
violations 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 such bureau 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 lessor 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
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 a bus operation-related
traffic regulation pursuant to this section was not the operator of the
vehicle at the time of such 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
without the consent of the owner at the time such operator failed to
obey a bus operation-related traffic regulation. 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 bus operation-related traffic
regulation.

(m) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of a bus operation-related
traffic regulation.

(n) If the city of New York adopts a demonstration program pursuant to
subdivision (a) of this section, such city and the applicable mass
transit agency shall submit a report on the results of the use of bus
operation-related photo devices to the governor, the temporary president
of the senate, and the speaker of the assembly by April first, two
thousand twenty-five and every two years thereafter. The city of New
York and applicable mass transit agency shall also make such reports
available on their public-facing websites, provided that they may
provide aggregate data from paragraph one of this subdivision if the
city finds that publishing specific location data would jeopardize
public safety. Such report shall include, but not be limited to:

1. a description of the locations and/or buses where bus
operation-related photo devices were used;

2. the total number of violations recorded on a monthly and annual
basis;

3. the total number of notices of liability issued;

4. the number of fines and total amount of fines paid after the first
notice of liability;

5. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made;

6. the total amount of revenue realized by such city and any
participating mass transit agency and an itemized list of expenditures
made by the participating mass transit agency with these revenues;

7. the quality of the adjudication process and its results;

8. the total number of cameras by type of camera used;

9. the total cost to such city and the total cost to any participating
mass transit agency; and

10. a detailed report on the bus speeds, reliability, and ridership
before and after implementation of the demonstration program for each
bus route, including current statistics.

(o) Any revenue from fines and penalties collected from any mobile bus
operation-related photo devices, not including any revenue shared with
the city of New York pursuant to agreement, shall be remitted by the
city of New York to the applicable mass transit agency on a quarterly
basis to be deposited in the general transportation account of the New
York city transportation assistance fund established pursuant to section
twelve hundred seventy-i of the public authorities law.

(p) It shall be a defense to any prosecution for a violation of a bus
operation-related traffic regulation pursuant to a demonstration program
adopted pursuant to this section that such bus operation-related photo
devices were malfunctioning at the time of the alleged violation.

* NB Effective May 3, 2024

* NB Repealed July 1, 2028