* § 385-a. Owner liability for failure of operator to comply with
weight restrictions. (a) 1. (i) Notwithstanding any other provision of
law, the city of New York is hereby authorized to establish a weigh in
motion demonstration program on the covered locations set forth in
subparagraph (ii) of this paragraph 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 covered
locations 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, and up to two
weigh in motion violation monitoring systems at any one time on each of
the other covered locations set forth in such subparagraph. Such systems
may be stationary or mobile and may be activated at locations on such
portion of such interstate and on the other such covered locations as
determined by the New York city department of transportation. The New
York state department of transportation, covered agencies, and covered
authorities 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, covered agencies,
and covered authorities.

(ii) Covered locations subject to a demonstration program established
by the city of New York pursuant to this section shall mean interstate
route 278 in Kings county; the Greenpoint Avenue bridge over Newtown
Creek; the Metropolitan Avenue bridge over Newtown Creek; the Hamilton
Avenue bridge over the Gowanus Canal; the Williamsburg bridge over the
East River; the Ed Koch Queensboro bridge (state route 25) over the East
River; the Third Avenue bridge over the Harlem River; the Manhattan
bridge over the East River; and that portion of the Long Island
Expressway (interstate route 495) over Woodhaven Boulevard.

1-a. (i) Notwithstanding any other provision of law, after holding a
public hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the triborough bridge and tunnel authority, the chair of the triborough
bridge and tunnel authority is hereby authorized to establish a weigh in
motion demonstration program on the covered location set forth in
subparagraph (ii) of this paragraph 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 covered
location in accordance with the provisions of this section. Such
demonstration program shall empower the chair of the triborough bridge
and tunnel authority to install and operate up to two weigh in motion
violation monitoring systems at any one time on such covered location.
Such systems may be stationary or mobile and may be activated at
locations on such covered location as determined by such chair. Covered
agencies and covered authorities may enter into a memorandum of
understanding with the triborough bridge and tunnel authority 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 such other covered agencies and covered
authorities.

(ii) The covered location subject to a demonstration program
established by the chair of the triborough bridge and tunnel authority
pursuant to this section shall mean the Robert F. Kennedy bridge.

1-b. (i) Notwithstanding any other provision of law, after holding a
public hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the bridge authority, the chair of the bridge authority is hereby
authorized to establish a weigh in motion demonstration program on the
covered locations set forth in subparagraph (ii) of this paragraph
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 covered locations in accordance with the provisions
of this section. Such demonstration program shall empower the chair of
the bridge authority to install and operate up to two weigh in motion
violation monitoring systems at any one time on each such covered
location. Such systems may be stationary or mobile and may be activated
at locations on such covered locations as determined by such chair.
Covered agencies and covered authorities may enter into a memorandum of
understanding with the bridge authority 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 such other covered agencies
and covered authorities.

(ii) Covered locations subject to a demonstration program established
by the chair of the bridge authority pursuant to this section shall mean
the Bear Mountain bridge, the Newburgh Beacon bridge and the Mid-Hudson
bridge.

1-c. (i) Notwithstanding any other provision of law, after holding a
public hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the port authority of New York and New Jersey, the chair of the port
authority of New York and New Jersey is hereby authorized to establish a
weigh in motion demonstration program on the covered location set forth
in subparagraph (ii) of this paragraph 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 covered
location in accordance with the provisions of this section. Such
demonstration program shall empower the chair of the port authority of
New York and New Jersey to install and operate up to two weigh in motion
violation monitoring systems at any one time on such covered location.
Such systems may be stationary or mobile and may be activated at
locations on such covered location as determined by such chair. Covered
agencies and covered authorities may enter into a memorandum of
understanding with the port authority of New York and New Jersey 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 such other covered agencies and covered
authorities.

(ii) The covered location subject to a demonstration program
established by the chair of the port authority of New York and New
Jersey pursuant to this section shall mean the George Washington bridge.

1-d. (i) Notwithstanding any other provision of law, after holding a
public hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the thruway authority, the chair of the thruway authority is hereby
authorized to establish a weigh in motion demonstration program on the
covered location set forth in subparagraph (ii) of this paragraph
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 covered location in accordance with the provisions
of this section. Such demonstration program shall empower the chair of
the thruway authority to install and operate up to two weigh in motion
violation monitoring systems at any one time on such covered location.
Such systems may be stationary or mobile and may be activated at
locations on such covered location as determined by such chair.

(ii) The covered location subject to a demonstration program
established by the chair of the thruway authority pursuant to this
section shall mean a location on the thruway at thruway interchange 34-A
east of the city of Syracuse.

1-e. A covered location as defined by this subdivision consisting of a
bridge shall include a distance not to exceed two thousand six hundred
forty feet along the length of the existing highway between the bridge
head of the respective bridge, in either direction, and the nearest
paved level surface of such highway where a weigh in motion violation
monitoring system can be installed in accordance with an engineering
analysis, except for the west end of the Mid-Hudson Bridge where such
distance shall not exceed five thousand two hundred eighty feet.

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.
Each covered agency and covered authority 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 specifications
prescribed pursuant to a memorandum of agreement between the applicable
covered agency or covered authority and the New York state department of
agriculture and markets, or in accordance with an applicable reference
standard as determined by the applicable covered agency or covered
authority. Such calibration check shall be performed by an independent
calibration laboratory which shall issue a signed certificate of
calibration on its letterhead to the applicable covered agency or
covered authority. Nothing contained in this paragraph shall be deemed
to require the signature of a notary public on such certificate. Covered
agencies and covered authorities 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. Each covered agency and covered authority 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 of such
covered agency and covered authority. Each such system shall be set to
automatically alert such covered agency or covered authority 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 covered
agency or covered authority 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 covered locations.

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 applicable covered agency or covered authority 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 applicable covered agency or covered authority
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 covered agency or covered
authority to study the impact of overweight vehicles on its covered
locations and management of such covered locations, and shall be
destroyed by the applicable covered agency or covered authority 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 applicable covered agency or covered authority shall install
signs in advance of entry points to each of its covered locations giving
notice to approaching motor vehicle operators that weigh in motion
violation monitoring systems are in use to enforce motor vehicle weight
restrictions.

(v) Each covered agency and covered authority shall use oversight
procedures to ensure compliance with the aforementioned privacy
protection measures.

(b) If a covered agency or covered authority 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 a covered location in violation of
section three hundred eighty-five of this article and the rules of the
applicable covered agency or covered authority in relation to gross
vehicle weight and/or axle weight, where such vehicle was traveling ten
percent or more above the gross vehicle weight or twenty percent or more
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 applicable covered agency or covered authority 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. "bridge authority" shall mean the New York state bridge authority
created pursuant to section five hundred twenty-seven of the public
authorities law;

2. "chair" shall mean the chair of the thruway authority, the chair of
the bridge authority, the chair of the port authority of New York and
New Jersey, or the president of the triborough bridge and tunnel
authority, as applicable;

3. "covered agency" shall mean the city of New York;

4. "covered authority" shall mean the bridge authority, the thruway
authority, the triborough bridge and tunnel authority, and the port
authority of New York and New Jersey;

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

6. "port authority of New York and New Jersey" shall mean that body
corporate and politic created pursuant to article three of chapter one
hundred fifty-four of the laws of nineteen hundred twenty-one, and
designated as "The Port Authority of New York and New Jersey" by such
chapter;

7. "thruway authority" shall mean the New York state thruway
authority, a body corporate and politic constituting a public
corporation created and constituted pursuant to title nine of article
two of the public authorities law;

8. "triborough bridge and tunnel authority" shall mean the corporation
organized pursuant to section five hundred fifty-two of the public
authorities law;

9. "thruway" shall mean generally a divided highway under the
jurisdiction of the thruway authority for mixed traffic with access
limited as the authority may determine and generally with grade
separations at intersections;

10. "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 applicable covered agency or covered authority in relation to gross
vehicle weight and/or axle weight, in accordance with the provisions of
this section;

11. "weigh in motion demonstration program" shall mean the
demonstration program authorized by this section that operates
exclusively on covered locations;

12. "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; and

13. "Rules of the applicable covered agency or covered authority"
shall mean rules and regulations in relation to gross vehicle weight
and/or axle weight of the following, as applicable: the New York city
department of transportation adopted pursuant to section sixteen hundred
forty-two of this chapter; the thruway authority adopted pursuant to
sections three hundred eighty-five and sixteen hundred thirty of this
chapter; the triborough bridge and tunnel authority and the bridge
authority adopted pursuant to section sixteen hundred thirty of this
chapter; and the port authority of New York and New Jersey adopted
pursuant to article six of chapter one hundred fifty-four of the laws of
nineteen hundred twenty-one and chapter forty-three of the laws of
nineteen hundred twenty-two.

(d) A certificate, sworn to or affirmed by a technician employed by
the applicable covered agency or covered authority, 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 applicable covered
agency or covered authority in relation to gross vehicle weight and/or
axle weight pursuant to a weigh in motion demonstration program
established pursuant to this section shall be liable for monetary
penalties not to exceed one thousand two hundred dollars for each
violation; provided, however, that an additional penalty not in excess
of twenty-five dollars for each violation may be imposed 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 applicable
covered agency or covered authority 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 applicable
covered agency or covered authority 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
applicable covered agency or covered authority, or by any other entity
authorized by the applicable covered agency or covered authority to
prepare and mail such notice of liability.

(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law where the violation
occurred or, if there be none, by the court having jurisdiction over
traffic infractions where the violation occurred, except that if a city
has established an administrative tribunal to hear and determine
complaints of traffic infractions constituting parking, standing or
stopping violations such city may, by local law, authorize such
adjudication by such tribunal. Provided, however, that a notice of
liability imposed upon owners by this section where the violation
occurred on a covered location located within a city with a population
of one million or more shall be adjudicated 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 applicable covered agency or covered
authority 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 applicable covered agency or covered authority, or the
traffic violations bureau, court having jurisdiction or parking
violations bureau. Nothing contained in this subdivision shall be deemed
to prohibit an owner which submits a police report pursuant to this
subdivision to the applicable covered agency or covered authority from
later submitting such report to the traffic violations bureau, court
having jurisdiction or parking violations bureau as provided by this
subdivision.

(j) 1. Where the adjudication of liability imposed upon owners
pursuant to this section 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 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 applicable covered
agency or covered authority in relation to gross vehicle weight and/or
axle weight pursuant to this section, provided that such owner sends to
the applicable covered agency or covered authority, or 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 the 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
information 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 section.
Where the lessor complies with the provisions of this paragraph, 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 the violation of section three hundred
eighty-five of this article and the rules of the applicable covered
agency or covered authority in relation to gross vehicle weight and/or
axle weight pursuant to this section and shall be sent a notice of
liability pursuant to subdivision (g) of this section. Nothing contained
in this paragraph shall be deemed to prohibit a lessor which submits
information pursuant to this paragraph to the applicable covered agency
or covered authority from later submitting such information to the
traffic violations bureau or court having jurisdiction as provided by
this paragraph.

2. In a city which, by local law, has authorized the adjudication of
liability imposed upon owners by this section by a parking violations
bureau and in a city with a population of one million or more, 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 applicable covered agency or covered authority 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 the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and

(ii) (A) 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; or

(B) no later than the time period prescribed by clause (A) of this
subparagraph, the lessor submits to the applicable covered agency or
covered authority a copy of the rental, lease or other such contract
document covering such vehicle on the date of the violation, with the
name and address of the lessee clearly legible. Nothing contained in
this clause shall be deemed to prohibit a lessor which submits
information pursuant to this clause to the applicable covered agency or
covered authority from later submitting such information to the bureau
as provided by clause (A) of this subparagraph.

3. Failure to comply with subparagraph (ii) of paragraph two of this
subdivision shall render the owner liable for the penalty prescribed in
this section.

4. Where the lessor complies with the provisions of paragraph two 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 applicable covered
agency or covered authority 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 applicable covered agency or covered
authority 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 applicable covered agency or covered authority 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 applicable covered
agency or covered authority in relation to gross vehicle weight and/or
axle weight.

(m) If a covered agency or covered authority 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 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-six and on the same date every two years thereafter in
which the demonstration program is operable. Such covered agency or
covered authority shall also post such annual report on its 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 or more above
the gross vehicle weight or twenty percent or more 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 applicable covered
agency or covered authority in connection with the program;

8. the expenses incurred by the applicable covered agency or covered
authority in connection with the program;

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

10. the total capital amount spent on repair, reconstruction, and/or
maintenance on each applicable covered location, including, for the city
of New York, 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
applicable covered agency or covered authority 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.

(o) 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
applicable covered agency or covered authority in relation to gross
vehicle weight and/or axle weight pursuant to this section that:

1. the operator of the motor vehicle alleged to be in violation
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; or

2. the owner of the motor vehicle alleged to be in violation has
received notices of liability for no less than two other violations of
section three hundred eighty-five of this article and the rules of the
applicable covered agency or covered authority in relation to gross
vehicle weight and/or axle weight pursuant to this section for the same
motor vehicle occurring within the same twenty-four hour period as such
violation, and has been found liable for such other violations and paid
all applicable fines and penalties for such other violations.

* NB Repealed December 1, 2030