* § 1180-d. Owner liability for failure of operator to comply with
certain posted maximum speed limits. (a) 1. Notwithstanding any other
provision of law, the city of Buffalo is hereby authorized 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 in a school speed zone within the city (i) when a school
speed limit is in effect as provided in paragraphs one and two of
subdivision (c) of section eleven hundred eighty of this article or (ii)
when other speed limits are in effect as provided in subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this article during
the following times: (A) on school days during school hours and one hour
before and one hour after the school day, and (B) a period during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities. Such demonstration program shall empower the city to install
photo speed violation monitoring systems within no more than twenty
school speed zones within the city at any one time and to operate such
systems within such zones (iii) when a school speed limit is in effect
as provided in paragraphs one and two of subdivision (c) of section
eleven hundred eighty of this article or (iv) when other speed limits
are in effect as provided in subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article during the following times: (A) on
school days during school hours and one hour before and one hour after
the school day, and (B) a period during student activities at the school
and up to thirty minutes immediately before and up to thirty minutes
immediately after such student activities. In selecting a school speed
zone in which to install and operate a photo speed violation monitoring
system, the city shall consider criteria including, but not limited to
the speed data, crash history, and the roadway geometry applicable to
such school speed zone.

2. No photo speed violation monitoring system shall be used in a
school speed zone 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 subdivision. The city 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 school speed zone and/or on speed limit signs applicable within
such school 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
operating such systems. Each such operator shall complete and sign a
daily set-up log for each such system that he or she 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 city 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, video or other recorded
images produced by such system.

4. Each photo speed violation monitoring system shall undergo an
annual calibration check performed by an independent calibration
laboratory which shall issue a signed certificate of calibration. The
city 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 monitoring system.

5. (i) Such demonstration program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs,
microphotographs, 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, 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
vehicles where the city 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 city 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 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 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 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.

(b) If the city of Buffalo establishes 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, within a school speed zone in violation of subdivision (c)
or during the times authorized pursuant to subdivision (a) of this
section in violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article, such vehicle was traveling at a
speed of more than ten miles per hour above the posted speed limit in
effect within such school speed zone, 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
penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(b), (c), (d), (f) or (g) 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;

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

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
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in a school speed zone in violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this article in accordance with the provisions of this
section; and

4. "school speed zone" shall mean a distance not to exceed one
thousand three hundred twenty feet on a highway passing a school
building, entrance or exit of a school abutting on the highway.

(d) A certificate, sworn to or affirmed by a technician employed by
the city of Buffalo, or a facsimile thereof, based upon inspection of
photographs, 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, videotape or other recorded images evidencing such a
violation shall include 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 shall be available for inspection reasonably in
advance of and at any proceeding to adjudicate the liability for such
violation pursuant to this section.

(e) An owner liable for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article 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 Buffalo. The liability of the owner pursuant to this section shall
not exceed fifty dollars for each violation; provided, however, that
such parking violations bureau 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 the demonstration program
established 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
(b), (c), (d), (f) or (g) 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
(b), (c), (d), (f) or (g) 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 he or she may 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 thereon.

4. The notice of liability shall be prepared and mailed by the city of
Buffalo, or by any other entity authorized by the city to prepare and
mail such notice of liability.

(h) Adjudication of the liability imposed upon owners of this section
shall be by the city of Buffalo parking violations bureau.

(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of 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 subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section
that the vehicle or the number plate or plates of such 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 or number plate or plates of such vehicle be sent by first class
mail to the city of Buffalo parking violations bureau or by any other
entity authorized by the city to prepare and mail such notice of
liability.

(j) Adjudication of the liability imposed upon owners of this section
shall be by the city of Buffalo parking violations bureau.

(k) 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 (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this article pursuant to this
section, 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
division 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 division 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 division 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
pursuant to this section and shall be sent a notice of liability
pursuant to subdivision (i) of this section.

(l) 1. 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.

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 operated such
vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this article. 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 of such
operator operated such vehicle in violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this article.

(m) 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.

(n) If the city adopts a demonstration program pursuant to subdivision
(a) of this section it shall conduct a study and submit a report on the
results of the use of photo devices to the governor, the temporary
president of the senate and the speaker of the assembly. Such report
shall include:

1. the locations where and dates when photo speed violation monitoring
systems were used;

2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within the city, to the extent the information is maintained by the
department of motor vehicles of this state;

3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;

4. the number of violations recorded within all school speed zones
within the city, in the aggregate on a daily, weekly and monthly basis;

5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the
aggregate on a daily, weekly and monthly basis;

6. the number of violations recorded within all school speed zones
within the city that were:

(i) more than ten but not more than twenty miles per hour over the
posted speed limit;

(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;

(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and

(iv) more than forty miles per hour over the posted speed limit;

7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:

(i) more than ten but not more than twenty miles per hour over the
posted speed limit;

(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;

(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and

(iv) more than forty miles per hour over the posted speed limit;

8. the total number of notices of liability issued for violations
recorded by such systems;

9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;

10. the number of violations adjudicated and the results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;

11. the total amount of revenue realized by the city in connection
with the program;

12. the expenses incurred by the city in connection with the program;
and

13. the quality of the adjudication process and its results.

(o) It shall be a defense to any prosecution for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this article pursuant to this section that such photo speed violation
monitoring system was malfunctioning at the time of the alleged
violation.

* NB Repealed September 6, 2024