The New York State Senate

* § 385-a. Owner liability for failure of operator to comply with
weight restrictions on interstate route 278 in Kings county. (a) 1.
Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a weigh in motion demonstration program
on interstate route 278 in Kings county imposing monetary liability on
the owner of a vehicle for failure of an operator thereof to comply with
gross vehicle weight and/or axle weight restrictions on such portion of
such interstate in accordance with the provisions of this section. Such
demonstration program shall empower the city of New York to install and
operate up to sixteen weigh in motion violation monitoring systems at
any one time on interstate route 278 in Kings county. Such systems may
be stationary or mobile and may be activated at locations on such
portion of such interstate as determined by the New York city department
of transportation. The New York state department of transportation may
enter into a memorandum of understanding with the New York city
department of transportation for the purposes of coordinating the
planning, design, installation, construction and maintenance of such
weigh in motion demonstration program. Such memorandum shall address,
for purposes of such demonstration program, the use of systems, devices
and other facilities owned and operated by the state.

2. No weigh in motion violation monitoring system shall be used unless
(i) on the day it is to be used it has undergone a self-test for the
operation of such system; and (ii) it has undergone a semi-annual
calibration check performed pursuant to paragraph three of this
subdivision. A result of the daily self-test for each such system shall
include the date and time that the self-test was successfully performed.
The city of New York shall retain each such daily self-test until the
later of the date on which the weigh in motion 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, and information and
data generated in conjunction therewith, produced by such system.

3. Each weigh in motion violation monitoring system shall undergo a
calibration check every six months in accordance with American Society
for Testing and Materials (ASTM) standard specification E1318-09 (2017).
If such standard specification is revised, the New York city department
of transportation shall adopt a rule to provide for the use of the most
current version of such standard specification. Such calibration check
shall be performed by an independent calibration laboratory which shall
issue a signed certificate of calibration on its letterhead to the city
of New York. Nothing contained in this paragraph shall be deemed to
require the signature of a notary public on such certificate. The city
shall retain each such bi-annual certificate of calibration on file
until the final resolution of all cases involving notices of liability
issued during such six-month time period which were based on
photographs, microphotographs, video or other recorded images, and
information and data generated in conjunction therewith, produced by
such weigh in motion violation monitoring system.

4. The New York city department of transportation shall establish a
range, according to the manufacturer's standards and its monitoring of
the system, for evaluating information and data collected from sensor
readings of each weigh in motion violation monitoring system. Each such
system shall be set to automatically alert such department of
significant variations from the established range during a
twenty-four-hour period. After such an alert, such system shall be
inspected and any necessary adjustments shall be made. Such department
shall keep a log of the details of all alerts, including the date and
time of such alert, the amount of variation from the established range
in such alert, the adjustments made or actions taken as a result of the
subsequent inspection, and the date and time of such inspection,
adjustments or actions.

5. Weigh in motion violation monitoring systems used in accordance
with the weigh in motion demonstration program authorized pursuant to
this section shall be operated only on interstate route 278 within Kings
county.

6. (i) No photograph, microphotograph, videotape or other recorded
image, nor any information and data generated in conjunction therewith,
shall be used for any purpose other than as specified in this section,
except as may be otherwise provided by this paragraph.

(ii) Such demonstration program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs,
microphotographs, videotape or other recorded images produced by such
weigh in motion 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.

(iii) Photographs, microphotographs, videotape or any other recorded
image, and any information and data generated in conjunction therewith,
produced by a weigh in motion 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 as required by the New
York city department of transportation to study the impact of overweight
vehicles on interstate route 278 in Kings county and management of such
infrastructure, 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 and information and
data generated in conjunction therewith 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, and information and data generated in conjunction
therewith, from a weigh in motion 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, and
information and data generated in conjunction therewith, 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, information and
data 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.

(iv) The city of New York shall install signs in advance of entry
points to interstate route 278 in Kings county giving notice to
approaching motor vehicle operators that weigh in motion violation
monitoring systems are in use to enforce motor vehicle weight
restrictions.

(v) The city of New York shall use oversight procedures to ensure
compliance with the aforementioned privacy protection measures.

(b) If the city of New York 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, on interstate route 278 in Kings county in violation of
section three hundred eighty-five of this article and the rules of the
department of transportation of the city of New York in relation to
gross vehicle weight and/or axle weight, where such vehicle was
traveling ten percent above the gross vehicle weight or twenty percent
above the axle weight at the time of such violation as indicated by at
least two independently detected gross vehicle weight and/or axle weight
measurements obtained by a weigh in motion violation monitoring system,
and such violation is evidenced by information obtained from a weigh in
motion 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 section three hundred eighty-five of this article and the
rules of the department of transportation of the city of New York in
relation to gross vehicle weight and/or axle weight; or operated such
vehicle in accordance with the terms and conditions of any overweight
permit issued in accordance with this chapter and any rules and
regulations promulgated thereto. Where a vehicle is in violation of both
gross vehicle weight restrictions and axle weight restrictions, the
owner shall be liable for a separate penalty for each such violation.

(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. "weigh in motion violation monitoring system" shall mean sensors,
capable of operating independently of an enforcement officer, installed
to work in conjunction with other devices to capture and record the
gross vehicle weight and the axle weight of a motor vehicle, which
produce at least two independently detected gross vehicle weight and/or
axle weight measurements and automatically produce 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 section three hundred eighty-five of this article and the rules of
the department of transportation of the city of New York in relation to
gross vehicle weight and/or axle weight, in accordance with the
provisions of this section; and

4. "weigh in motion demonstration program" shall mean the
demonstration program authorized by this section that operates
exclusively on interstate route 278 in Kings county.

5. "interstate route 278 in Kings county" shall mean that portion of
interstate route 278 specifically from the vicinity of Atlantic avenue
to the vicinity of Sands street in Kings county, state of New York.

6. "Rules of the department of transportation of the city of New York"
shall mean rules and regulations of the New York city department of
transportation adopted pursuant to section sixteen hundred forty-two of
this chapter.

(d) A certificate, sworn to or affirmed by a technician employed by
the city of New York, or a facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded images, and
information and data generated in conjunction therewith, produced by a
weigh in motion violation monitoring system, shall be prima facie
evidence of the facts contained therein. Nothing contained in this
subdivision shall be deemed to require the signature of a notary public
on such certificate. Any photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall include an image
of the motor vehicle alleged to be in violation and the information and
data generated in conjunction therewith 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 section three hundred
eighty-five of this article and the rules of the department of
transportation of the city of New York pursuant to a weigh in motion
demonstration program established pursuant to this section shall be
liable for monetary penalties in accordance with separate schedules of
fines and penalties to be promulgated by the parking violations bureau
of the city of New York for a violation of section three hundred
eighty-five of this article and the rules of the department of
transportation of the city of New York in relation to gross vehicle
weight and/or axle weight. The liability of the owner pursuant to this
section shall not exceed one thousand 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 weigh in motion 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 section three
hundred eighty-five of this article and the rules of the department of
transportation of the city of New York in relation to gross vehicle
weight and/or axle weight 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 section three
hundred eighty-five of this article and the rules of the department of
transportation of the city of New York in relation to gross vehicle
weight and/or axle weight pursuant to this section, the United States
department of transportation number of the vehicle involved in such
violation, the registration number of the vehicle involved in such
violation, the gross vehicle weight and/or axle weight measured, the
location where such violation took place, the date and time of such
violation, the identification number of the weigh in motion violation
monitoring system which recorded the violation or other document locator
number, one or more date and time stamped images identifying the motor
vehicle and the information and data evidencing the alleged violation,
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 they 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
New York, 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 New York city 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 section three hundred eighty-five of this
article and the rules of the department of transportation of the city of
New York in relation to gross vehicle weight and/or axle weight 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 New York city parking violations bureau.

(j) 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 section three hundred eighty-five of
this article and the rules of the department of transportation of the
city of New York in relation to gross vehicle weight and/or axle weight
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 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 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 (g) of this section.

(k) 1. If the owner liable for a violation of section three hundred
eighty-five of this article and the rules of the department of
transportation of the city of New York in relation to gross vehicle
weight and/or axle weight 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 section three hundred eighty-five of this
article and the rules of the department of transportation of the city of
New York in relation to gross vehicle weight and/or axle weight. 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 operated such vehicle in violation
of section three hundred eighty-five of this article and the rules of
the department of transportation of the city of New York in relation to
gross vehicle weight and/or axle weight.

(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of section three hundred
eighty-five of this article and the rules of the department of
transportation of the city of New York in relation to gross vehicle
weight and/or axle weight.

(m) If the city adopts a demonstration program pursuant to subdivision
(a) of this section it shall conduct a study and submit an annual report
on the results of the use of weigh in motion violation monitoring
systems to the governor, the temporary president of the senate and the
speaker of the assembly on or before June first, two thousand twenty-two
and on the same date in each succeeding year in which the demonstration
program is operable. Such city shall also post such annual report on the
New York city department of transportation website. Such report shall
include:

1. the locations where and dates when weigh in motion violation
monitoring systems were used;

2. the total number of trucks weighed and the total number of
violations recorded by weigh in motion violation monitoring systems in
accordance with this section in the aggregate on a daily, weekly and
monthly basis;

3. the total number of violations recorded by weigh in motion
violation monitoring systems that were either ten percent above the
gross vehicle weight or twenty percent above the axle weight;

4. the total number of notices of liability issued for violations
recorded by such weigh in motion systems;

5. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by weigh in motion
systems;

6. the number of violations adjudicated and the results of such
adjudications including breakdowns of dispositions made for violations
recorded by weigh in motion systems;

7. the total amount of revenue realized by the city of New York in
connection with the program;

8. the expenses incurred by the city of New York in connection with
the program;

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

10. the total capital amount spent on repair or reconstruction of
interstate route 278 in Kings county and the total capital amount spent
on repair or reconstruction of interstate route 278 specifically from
the vicinity of Atlantic avenue to the vicinity of Sands street in Kings
county.

(n) It shall be a defense to any prosecution for a violation of
section three hundred eighty-five of this article and the rules of the
department of transportation of the city of New York in relation to
gross vehicle weight and/or axle weight pursuant to this section that
such weigh in motion violation monitoring system was malfunctioning at
the time of the alleged violation.

* NB Repealed December 1, 2025