New York State Law

Vehicle and Traffic Law

Consolidated Laws of New York's VTL code

Article 24 - NY Vehicle and Traffic Law

TRAFFIC SIGNS, SIGNALS AND MARKINGS

Section Description
1110Obedience to and required traffic-control devices.
1111Traffic-control signal indications.
1111-AOwner liability for failure of operator to comply with traffic-control indications.
1111-BOwner liability for failure of operator to comply with ... (Nassau)
1111-B*2Owner liability for failure of operator to comply with ... (Yonkers)
1111-B*3Owner liability for failure of operator to comply with ... (Buffalo)
1111-B*4Owner liability for failure of operator to comply with ... (Rochester)
1111-COwner liability for failure of operator to comply with bus lane restrictions.
1111-DOwner liability for failure of operator to comply with ... (New Rochelle)
1111-D*2Owner liability for failure of operator to comply with ... (Mt. Vernon)
1111-D*3Owner liability for failure of operator to comply with ... (Albany)
1111-EOwner liability for failure of operator to comply with ... (White Plains)
1112Pedestrian-control signal indications.
1113Flashing signal indications.
1114Display of unauthorized signs, signals, or markings.
1115Interference with official traffic-control devices, railroad signs or signals ...
1116Lane direction control indications.
1117Traffic-control signals; malfunction.
Common Traffic Law Violations for Article 24
S 1110. Obedience to and required traffic-control devices. (a) Every
person shall obey the instructions of any official traffic-control
device applicable to him placed in accordance with the provisions of
this chapter, unless otherwise directed by a traffic or police officer,
subject to the exceptions granted the driver of an authorized emergency
vehicle in this title.
  (b) No provision of this title for which signs are required shall be
enforced against an alleged violator if at the time and place of the
alleged violation an official sign is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or in
place.
  (c) Whenever official traffic-control devices are placed in position
approximately conforming to the requirements of this chapter, such
devices shall be presumed to have been so placed by the official act or
direction of lawful authority, unless the contrary shall be established
by competent evidence.
  (d) Any official traffic-control device placed pursuant to the
provisions of this chapter and purporting to conform to the lawful
requirements pertaining to such devices shall be presumed to comply with
the requirements of this chapter, unless the contrary shall be
established by competent evidence.
  (e) For purposes of this article, "intersection" shall include the
area embracing the juncture of a highway with a private road or driveway
and "intersecting roadway" shall include an intersecting private road or
driveway.

S 1111. Traffic-control signal indications. Whenever traffic is
controlled by traffic-control signals, other than lane direction control
signal indications provided in section eleven hundred sixteen,
exhibiting different colored lights, or colored lighted arrows,
successively, one at a time or in combination, only the colors green,
yellow and red shall be used, and said lights shall indicate and apply
to drivers of vehicles and to pedestrians as follows:
  (a) Green indications:
  1. Traffic, except pedestrians, facing a steady circular green signal
may proceed straight through or turn right or left unless a sign at such
place prohibits either such turn. Such traffic, including when turning
right or left, shall yield the right of way to other traffic lawfully
within the intersection or an adjacent crosswalk at the time such signal
is exhibited.
  2. Traffic, except pedestrians, facing a steady green arrow signal may
cautiously enter the intersection only to make the movement indicated by
such arrow, or such other movement as is permitted by other indications
shown at the same time, except that a U-Turn may be made by traffic
facing a left green arrow signal unless a sign prohibits such U-Turn or
such U-Turn is in violation of any other provision of law.  Such traffic
shall yield the right of way to other traffic lawfully within the
intersection or an adjacent cross walk at the time such signal is
exhibited.
  3. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
green signal, except when the sole green signal is a turn arrow, may
proceed across the roadway within any marked or unmarked crosswalk.
  (b) Yellow indications:
  1. Traffic, except pedestrians, facing a steady circular yellow signal
may enter the intersection; however, said traffic is thereby warned that
the related green movement is being terminated or that a red indication
will be exhibited immediately thereafter.
  2. Traffic, except pedestrians, facing a steady yellow arrow signal
may cautiously enter the intersection only to complete the movement
indicated by such arrow or make such other movement as is permitted by
other indications shown at the same time; however, said traffic is
thereby warned that the related green arrow movement is being terminated
or that a red indication will be ehxibited immediately thereafter.
  3. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
yellow signal are thereby advised that there is insufficient time to
cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.
  (d) Red indications:
  1. Traffic, except pedestrians, facing a steady circular red signal,
unless to make such other movement as is permitted by other indications
shown at the same time, shall stop at a clearly marked stop line, but if
none, then shall stop before entering the crosswalk on the near side of
the intersection, or in the event there is no crosswalk, at the point
nearest the intersecting roadway where the driver has a view of the
approaching traffic on the intersecting roadway before entering the
intersection and shall remain standing until an indication to proceed is
shown except as provided in paragraph two of this subdivision.
  2.  Except in a city having a population of one million or more,
unless a sign is in place prohibiting such turn:
  a. Traffic facing a steady circular red signal may cautiously enter
the intersection to make a right turn after stopping as required by
paragraph one of this subdivision, except that right turning traffic is
not required to stop when a steady right green arrow signal is shown at
the same time. Such traffic shall yield the right-of-way to pedestrians
within a marked or unmarked crosswalk at the intersection and to other
traffic lawfully using the intersection;
  b. Traffic, while on a one-way roadway, facing a steady red signal may
cautiously enter the intersection to make a left turn onto a one-way
roadway after stopping as required by paragraph one of this subdivision.
Such traffic shall yield the right-of-way to pedestrians within a marked
or unmarked crosswalk at the intersection and to other traffic lawfully
using the intersection.
  Notwithstanding any other provision of law, any city having a
population of one million or more, is hereby authorized and empowered to
adopt a local law authorizing subparagraph a or b of this paragraph to
be applicable within such city. Upon the adoption of such local law the
exception provided herein for a city having a population of one million
or more shall no longer be applicable within such city.
  c. On or after the effective date of this subparagraph, the sign which
prohibits such turn shall be prominently displayed from all newly
installed traffic signals where possible.
  3. Traffic, except pedestrians, facing a steady red arrow signal may
not enter the intersection to make the movement indicated by such arrow
and, unless entering the intersection to make such other movement as is
permitted by other indications shown at the same time, shall stop at a
clearly marked stop line, but if none, then shall stop before entering
the crosswalk on the near side of the intersection, or in the event
there is no crosswalk at the point nearest the intersecting roadway
where the driver has a view of the approaching traffic on the
intersecting roadway before entering the intersection and shall remain
standing until an indication to proceed is shown.
  4. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
red signal shall not enter the roadway.
  5. Notwithstanding the provision of paragraph two of this subdivision,
no school bus, while transporting pupils for any purpose, shall be
permitted to proceed when facing a steady red signal.
  (e) Traffic shall obey signs requiring obedience to traffic-control
signals at intersections other than those at which such signals are
located. No intersection not controlled by such signs prior to the
effective date of this section shall hereafter be made subject to such
method of control and no ordinance, order, rule or regulation requiring
such obedience shall hereafter be adopted.
  (f) In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions of this
section shall be applicable except as to those provisions which by their
nature can have no application. Any stop required shall be made at a
sign or marking on the pavement indicating where the stop shall be made,
but in the absence of any such sign or marking the stop shall be made at
the signal.

 * S 1111-a. Owner  liability  for  failure  of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law,  each  city  with a population of one million or more is hereby
  authorized and empowered to adopt and amend a  local  law  or  ordinance
  establishing  a demonstration program imposing monetary liability on the
  owner of a vehicle for failure of an operator  thereof  to  comply  with
  traffic-control   indications  in  such  city  in  accordance  with  the
  provisions of this section. Such demonstration program shall  empower  a
  city    to    install   and   operate   traffic-control   signal   photo
  violation-monitoring  devices  at  no  more  than  one   hundred   fifty
  intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any city which has adopted a local law or ordinance pursuant to
  subdivision (a) of this section, the owner of a vehicle shall be  liable
  for  a penalty imposed pursuant to this section if such vehicle was used
  or operated with the permission of the owner,  express  or  implied,  in
  violation  of  subdivision  (d) of section eleven hundred eleven of this
  article, and such violation is evidenced by information obtained from  a
  traffic-control   signal  photo  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 (d) of section
  eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city in  which  the  charged  violation  occurred,  or  a  facsimile
  thereof,   based   upon  inspection  of  photographs,  microphotographs,
  videotape or other recorded images produced by a traffic-control  signal
  photo  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 be available for
  inspection in any  proceeding  to  adjudicate  the  liability  for  such
  violation  pursuant to a local law or ordinance adopted pursuant to this
  section.
    (e) An owner liable for a violation  of  subdivision  (d)  of  section
  eleven  hundred  eleven  of  this  article  pursuant  to  a local law or
  ordinance adopted pursuant to this section shall be liable for  monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth  in  such  local law or ordinance, except that in a city which, by
  local law, has authorized the adjudication of such owner liability by  a
  parking  violations  bureau,  such schedule shall be promulgated by such
  bureau.  The liability of the owner pursuant to this section  shall  not
  exceed  fifty  dollars  for each violation; provided, however, that such
  local law or ordinance 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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    3.  The  notice  of  liability  shall contain information advising the
  person charged of the manner and the time in which he  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  city
  having  jurisdiction over the intersection where the violation occurred,
  or by any other entity authorized by the city to prepare and  mail  such
  notification of violation.
    (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 or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  any city which has established an administrative tribunal  to  hear  and
  determine   complaints  of  traffic  infractions  constituting  parking,
  standing or stopping  violations  may,  by  local  law,  authorize  such
  adjudication by such tribunal.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In a city 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 subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  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  subdivision
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section and shall be sent a notice of liability pursuant to  subdivision
  (g) of this section.
    2.  (i) In a city which, by local law, has authorized the adjudication
  of liability imposed upon owners by this section by a parking violations
  bureau, 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  (d)  of  section  eleven
  hundred eleven of this article, provided that:
    (A)  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
    (B) within thirty-seven days after receiving notice from the 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 the
  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  the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (ii)  Failure  to  comply  with clause (B) of subparagraph (i) of this
  paragraph shall render the owner liable for the  penalty  prescribed  in
  this section.
    (iii) 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 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  subdivision  (d)  of
  section  eleven  hundred eleven 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  failed  to
  obey  a  traffic-control  indication.  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 traffic-control indication.
    (l) Nothing in this section shall be construed to limit the  liability
  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
  section eleven hundred eleven of this article.
    (m) In any city which  adopts  a  demonstration  program  pursuant  to
  subdivision (a) of this section, such city shall submit an annual report
  on   the   results   of  the  use  of  a  traffic-control  signal  photo
  violation-monitoring system to the governor, the temporary president  of
  the  senate and the speaker of the assembly on or before June first, two
  thousand seven and on the same date in each succeeding year in which the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. within each borough of such city, the aggregate  number,  type  and
  severity  of accidents reported at intersections where a traffic-control
  signal photo violation-monitoring system is used for the year  preceding
  the  installation  of  such  system,  to  the  extent the information is
  maintained by the department of motor vehicles of this state;
    3. within each borough of such city, the aggregate  number,  type  and
  severity  of accidents reported at intersections where a traffic-control
  signal photo violation-monitoring system is  used,  to  the  extent  the
  information  is  maintained  by the department of motor vehicles of this
  state;
    4. the number of violations recorded  at  each  intersection  where  a
  traffic-control  signal photo violation-monitoring system is used and in
  the aggregate on a daily, weekly and monthly basis;
    5. the total number of notices  of  liability  issued  for  violations
  recorded by such systems;
    6.  the  number  of  fines  and total amount of fines paid after first
  notice of liability issued for violations recorded by such systems;
    7.  the  number  of  violations  adjudicated  and  results   of   such
  adjudications  including  breakdowns of dispositions made for violations
  recorded by such systems;
    8. the total amount  of  revenue  realized  by  such  city  from  such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n)  It  shall  be  a  defense  to  any prosecution for a violation of
  subdivision (d)  of  section  eleven  hundred  eleven  of  this  article
  pursuant  to  a  local law or ordinance adopted pursuant to this section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2019

  * S 1111-b.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of law, the county of Nassau is hereby authorized and empowered to adopt
  and  amend a local law or ordinance establishing a demonstration program
  imposing monetary liability on the owner of a vehicle for failure of  an
  operator  thereof  to  comply  with  traffic-control indications in such
  county  in  accordance  with  the  provisions  of  this  section.   Such
  demonstration  program  shall empower such county to install and operate
  traffic-control signal photo violation-monitoring  devices  at  no  more
  than  fifty  intersections  within  and  under  the jurisdiction of such
  county at any one time.
    2. Such demonstration program shall utilize necessary technologies  to
  ensure,  to  the  extent  practicable, that photographs produced by such
  traffic-control signal  photo  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 a  photograph
  or  photographs  allow  for  the  identification  of  the  contents of a
  vehicle, provided that such county  has  made  a  reasonable  effort  to
  comply with the provisions of this paragraph.
    (b)  In  any  such  county  which has adopted a local law or ordinance
  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
  shall  be  liable for a penalty imposed pursuant to this section if such
  vehicle was used or operated with the permission of the  owner,  express
  or  implied,  in  violation of subdivision (d) of section eleven hundred
  eleven of this article, and such violation is evidenced  by  information
  obtained   from  a  traffic-control  signal  photo  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
  (d) of section eleven hundred eleven of this article.
    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control signal photo violation-monitoring system" shall mean  a
  vehicle  sensor  installed to work in conjunction with a traffic-control
  signal 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 violation of subdivision (d) of
  section eleven hundred eleven of this article.
    (d) A certificate, sworn to or affirmed by a  technician  employed  by
  Nassau  county  in  which the charged violation occurred, or a facsimile
  thereof,  based  upon  inspection  of   photographs,   microphotographs,
  videotape  or other recorded images produced by a traffic-control signal
  photo 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 be available for
  inspection  in  any  proceeding  to  adjudicate  the  liability for such
  violation pursuant to a local law or ordinance adopted pursuant to  this
  section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local  law  or  ordinance.  The  liability  of  the  owner
  pursuant  to  this  section  shall  not  exceed  fifty  dollars for each
  violation; provided, however, that  such  local  law  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    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  Nassau
  county  or  by any other entity authorized by such county to prepare and
  mail such notification of violation.
    (h) Adjudication of the liability imposed upon owners by this  section
  shall be by the court having jurisdiction over traffic infractions.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 court having jurisdiction.
    (j)  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 (d) of section eleven
  hundred eleven of this article, provided that he or  she  sends  to  the
  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 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 subdivision (d) of section eleven hundred  eleven  of  this
  article 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 subdivision (d) of
  section eleven hundred eleven 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 failed to
  obey a traffic-control indication.  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 traffic-control indication.
    (l)  Nothing in this section shall be construed to limit the liability
  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (m)  When a county has established a demonstration program pursuant to
  this section, all fines and penalties collected under such program shall
  be made to the county treasurer within the first ten days of  the  month
  following collection.
    (n)  In  any such county which adopts a demonstration program pursuant
  to subdivision (a) of this section, such county shall submit  an  annual
  report  on  the  results  of  the  use of a traffic-control signal photo
  violation-monitoring system to the governor, the temporary president  of
  the  senate and the speaker of the assembly on or before June first, two
  thousand ten and on the same date in each succeeding year in  which  the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used for the year preceding the installation of  such  system,
  to  the  extent the information is maintained by the department of motor
  vehicles of this state;
    3. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used, to the extent  the  information  is  maintained  by  the
  department of motor vehicles of this state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of disposition  made  for  violations
  recorded by such systems;
    8. the total amount of revenue realized by such county;
    9.  expenses  incurred  by such county in connection with the program;
  and
    10. quality of the adjudication process and its results.
    (o) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2019
    * NB There are 4 S 1111-b's

  * S 1111-b*2.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law, the city of Yonkers is hereby authorized and empowered to adopt
  and amend a local law or ordinance establishing a demonstration  program
  imposing  monetary liability on the owner of a vehicle for failure of an
  operator thereof to comply with traffic-control indications in such city
  in accordance with the provisions of this  section.  Such  demonstration
  program  shall  empower such city to install and operate traffic-control
  signal photo violation-monitoring devices at no  more  than  twenty-five
  intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of Yonkers in  which  the  charged  violation  occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    3.  The  notice  of  liability  shall contain information advising the
  person charged of the manner and the time in which he  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 city of
  Yonkers, or by any other entity authorized by such city to  prepare  and
  mail such notification of violation.
    (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 or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  if such 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.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In such city 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 subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  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 subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section  and shall be sent a notice of liability pursuant to subdivision
  (g) of this section.
    2.  (i)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication  of  liability  imposed  upon  owners  by this section by a
  parking violations bureau, 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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A) 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
    (B) within thirty-seven days after receiving notice from the 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 the
  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 the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this
  paragraph  shall  render  the owner liable for the penalty prescribed in
  this section.
    (iii) 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  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 subdivision (d) of
  section eleven hundred eleven 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 failed to
  obey a traffic-control indication.  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 traffic-control indication.
    (l)  Nothing in this section shall be construed to limit the liability
  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (m)  In any such city which adopts a demonstration program pursuant to
  subdivision (a) of this section, such city shall submit an annual report
  on  the  results  of  the  use  of  a   traffic-control   signal   photo
  violation-monitoring  system to the governor, the temporary president of
  the senate and the speaker of the assembly on or before June first,  two
  thousand  ten  and on the same date in each succeeding year in which the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used for the year preceding the installation of  such  system,
  to  the  extent the information is maintained by the department of motor
  vehicles of this state;
    3. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used, to the extent  the  information  is  maintained  by  the
  department of motor vehicles of this state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability issued for violations recorded by such systems;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made  for  violations
  recorded by such systems;
    8.  the  total  amount  of  revenue  realized  by  such city from such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2019
    * NB There are 4 S 1111-b's

  * S 1111-b*3.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law, the city of Buffalo is hereby authorized and empowered to adopt
  and amend a local law or ordinance establishing a demonstration  program
  imposing  monetary liability on the owner of a vehicle for failure of an
  operator thereof to comply with traffic-control indications in such city
  in accordance with the provisions of this  section.  Such  demonstration
  program  shall  empower such city to install and operate traffic-control
  signal  photo  violation-monitoring  devices  at  no  more  than   fifty
  intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of Buffalo in  which  the  charged  violation  occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    3.  The  notice  of  liability  shall contain information advising the
  person charged of the manner and the time in which he  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 city of
  Buffalo, or by any other entity authorized by such city to  prepare  and
  mail such notification of violation.
    (h)  Adjudication of the liability imposed upon owners by this section
  shall be by the court  having  jurisdiction  over  traffic  infractions,
  except  that  if such 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.
    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
  section for any time period during which the 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 (d) of section
  eleven hundred eleven of this article 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  traffic  violations  bureau,
  court having jurisdiction or parking violations bureau.
    (j)  1.  In such city where the adjudication of liability imposed upon
  owners pursuant to this section is by 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 subdivision (d) of section eleven hundred eleven of
  this  article,  provided  that  he  or  she  sends  to  the 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 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  subdivision
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section and shall be sent a notice of liability pursuant to  subdivision
  (g) of this section.
    2.  (i)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication of liability imposed upon  owners  by  this  section  by  a
  parking  violations  bureau,  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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A)  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
    (B) within thirty-seven days after receiving notice from the 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 the
  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  the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (ii)  Failure  to  comply  with clause (B) of subparagraph (i) of this
  paragraph shall render the owner liable for the  penalty  prescribed  in
  this section.
    (iii) 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 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  subdivision  (d)  of
  section  eleven  hundred eleven 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  failed  to
  obey  a  traffic-control  indication.  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 traffic-control indication.
    (l) Nothing in this section shall be construed to limit the  liability
  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
  section eleven hundred eleven of this article.
    (m) In any such city which adopts a demonstration program pursuant  to
  subdivision (a) of this section, such city shall submit an annual report
  on   the   results   of  the  use  of  a  traffic-control  signal  photo
  violation-monitoring system to the governor, the temporary president  of
  the  senate and the speaker of the assembly on or before June first, two
  thousand ten and on the same date in each succeeding year in  which  the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2.  the  aggregate  number, type and severity of accidents reported at
  intersections where a traffic-control signal photo  violation-monitoring
  system  is  used for the year preceding the installation of such system,
  to the extent the information is maintained by the department  of  motor
  vehicles of this state;
    3.  the  aggregate  number, type and severity of accidents reported at
  intersections where a traffic-control signal photo  violation-monitoring
  system  is  used,  to  the  extent  the information is maintained by the
  department of motor vehicles of this state;
    4. the number of violations recorded  at  each  intersection  where  a
  traffic-control  signal photo violation-monitoring system is used and in
  the aggregate on a daily, weekly and monthly basis;
    5. the total number of notices  of  liability  issued  for  violations
  recorded by such systems;
    6.  the  number  of  fines  and total amount of fines paid after first
  notice of liability issued for violations recorded by such systems;
    7.  the  number  of  violations  adjudicated  and  results   of   such
  adjudications  including  breakdowns of dispositions made for violations
  recorded by such systems;
    8. the total amount  of  revenue  realized  by  such  city  from  such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n)  It  shall  be  a  defense  to  any prosecution for a violation of
  subdivision (d)  of  section  eleven  hundred  eleven  of  this  article
  pursuant  to  a  local law or ordinance adopted pursuant to this section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2019
    * NB There are 4 S 1111-b's

  * S 1111-b*4.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law,  the  city  of  Rochester is hereby authorized and empowered to
  adopt and amend a local law or ordinance  establishing  a  demonstration
  program  imposing  monetary  liability  on  the  owner  of a vehicle for
  failure  of  an  operator  thereof  to   comply   with   traffic-control
  indications  in  such  city  in  accordance  with the provisions of this
  section. Such demonstration program shall empower such city  to  install
  and operate traffic-control signal photo violation-monitoring devices at
  no more than fifty intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of Rochester in which the  charged  violation  occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    3.  The  notice  of  liability  shall contain information advising the
  person charged of the manner and the time in which he  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 city of
  Rochester, or by any other entity authorized by such city to prepare and
  mail such notification of violation.
    (h) Adjudication of the liability imposed upon owners by this  section
  shall  be  by  the  court  having jurisdiction over traffic infractions,
  except that if such 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.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In such city where the adjudication of liability  imposed  upon
  owners  pursuant  to  this section is by 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 subdivision (d) of section eleven hundred eleven of
  this article, provided  that  he  or  she  sends  to  the  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 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  subdivision
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section and shall be sent a notice of liability pursuant to  subdivision
  (g) of this section.
    2.  (i)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication of liability imposed upon  owners  by  this  section  by  a
  parking  violations  bureau,  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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A)  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
    (B) within thirty-seven days after receiving notice from the 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 the
  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  the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (ii)  Failure  to  comply  with clause (B) of subparagraph (i) of this
  paragraph shall render the owner liable for the  penalty  prescribed  in
  this section.
    (iii) 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 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  subdivision  (d)  of
  section  eleven  hundred eleven 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  failed  to
  obey  a  traffic-control  indication.  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 traffic-control indication.
    (l) Nothing in this section shall be construed to limit the  liability
  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
  section eleven hundred eleven of this article.
    (m) In any such city which adopts a demonstration program pursuant  to
  subdivision (a) of this section, such city shall submit an annual report
  on   the   results   of  the  use  of  a  traffic-control  signal  photo
  violation-monitoring system to the governor, the temporary president  of
  the  senate and the speaker of the assembly on or before June first, two
  thousand ten and on the same date in each succeeding year in  which  the
  demonstration program is operable. Such report shall include, but not be
  limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2.  the  aggregate  number, type and severity of accidents reported at
  intersections where a traffic-control signal photo  violation-monitoring
  system  is  used for the year preceding the installation of such system,
  to the extent the information is maintained by the department  of  motor
  vehicles of this state;
    3.  the  aggregate  number, type and severity of accidents reported at
  intersections where a traffic-control signal photo  violation-monitoring
  system  is  used,  to  the  extent  the information is maintained by the
  department of motor vehicles of this state;
    4. the number of violations recorded  at  each  intersection  where  a
  traffic-control  signal photo violation-monitoring system is used and in
  the aggregate on a daily, weekly and monthly basis;
    5. the total number of notices  of  liability  issued  for  violations
  recorded by such systems;
    6.  the  number  of  fines  and total amount of fines paid after first
  notice of liability issued for violations recorded by such systems;
    7.  the  number  of  violations  adjudicated  and  results   of   such
  adjudications  including  breakdowns of dispositions made for violations
  recorded by such systems;
    8. the total amount  of  revenue  realized  by  such  city  from  such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n)  It  shall  be  a  defense  to  any prosecution for a violation of
  subdivision (d)  of  section  eleven  hundred  eleven  of  this  article
  pursuant  to  a  local law or ordinance adopted pursuant to this section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed December 1, 2019
    * NB There are 4 S 1111-b's

  * S 1111-c. Owner liability for failure of operator to comply with bus
  lane  restrictions.  (a)  1. Notwithstanding any other provision of law,
  the city of New York is hereby authorized and empowered to  establish  a
  bus  rapid  transit demonstration program imposing monetary liability on
  the owner of a vehicle for failure of an operator thereof to comply with
  bus lane restrictions in such city in accordance with the provisions  of
  this  section.  The  New  York  city  department  of  transportation  or
  applicable mass transit agency, for purposes of  the  implementation  of
  such  program, shall operate bus lane photo devices only within such bus
  rapid transit demonstration program and on select bus service  lanes  in
  such  city.  Such bus lane photo devices 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 image or images captured by bus lane  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 lane photo device mounted on a  bus  shall  be
  directed  outwardly from such bus to capture images of vehicles operated
  in violation of bus lane  restrictions,  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.  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 lane photo
  device.  Such measures shall include:
    (i)  utilization  of  necessary  technologies to ensure, to the extent
  practicable, that images produced by such bus lane 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 an
  image allows for the identification of the  driver,  the  passengers  or
  other contents of a vehicle;
    (ii)  a  prohibition  on the use or dissemination of vehicles' license
  plate information and other information and images captured by bus  lane
  photo  devices except: (A) as required to establish liability under this
  section or collect payment of penalties; (B) as required by court order;
  or (C) as otherwise required by law;
    (iii)  the  installation  of  signage  at  regular  intervals   within
  restricted  bus  lanes  stating  that bus lane photo devices are used to
  enforce restrictions on vehicular traffic in bus lanes; and
    (iv) oversight procedures to ensure compliance with the aforementioned
  privacy protection measures.
    4. Within the city of New York, such bus lane photo devices shall only
  be operated on designated bus lanes that are select  bus  service  lanes
  within  the  bus  rapid  transit  demonstration  program and only during
  weekdays from 7:00 a.m. to 7:00 p.m.
    (b) If the city of New  York  has  established  a  bus  rapid  transit
  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 lane restrictions
  that  apply  to  routes  within  such  demonstration  program,  and such
  violation is evidenced by information obtained from  a  bus  lane  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 any bus lane
  restrictions.
    (c)  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  lane  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 bus lane
  restrictions.
    3. "bus lane restrictions" shall  mean  restrictions  on  the  use  of
  designated  traffic lanes by vehicles other than buses imposed on routes
  within a bus rapid transit demonstration program by local law and  signs
  erected  by  the department of transportation of a city that establishes
  such a demonstration program pursuant to this section.
    4. "Bus Rapid Transit Phase I plan" shall mean the following five  bus
  rapid  transit  routes  as designated by the New York city department of
  transportation: Fordham  Road,  First/Second  Avenue,  Nostrand  Avenue,
  Thirty-Fourth  Street, Hylan Boulevard, and an undesignated route in the
  borough of Queens not to exceed ten miles. For purposes of  the  Fordham
  Road  and  First/Second  Avenue  routes, the authorization of this pilot
  program is limited to the designated bus lanes as mapped and  posted  on
  the  official  metropolitan  transportation authority website as of June
  seventeenth, two thousand ten. Such designated bus lanes  shall  not  be
  extended,  shifted  to  another  roadway  or  altered  in any other way.
  Provided,  however,  that  nothing  shall  prohibit  the  alteration  or
  addition of any bus stops within such mapped routes.
    5.  "select  bus  service  lane" shall mean a designated bus lane that
  includes upgraded signage, enhanced road markings, and minimum bus  stop
  spacing, and may include off-board fare payment, traffic signal priority
  for  buses,  and  any  other  enhancement  that  increases  bus speed or
  reliability within the "Bus Rapid Transit Phase I" plan.
    6. "bus rapid  transit  demonstration  program"  shall  mean  a  pilot
  program that operates exclusively on select bus service lanes within the
  "Bus  Rapid  Transit  Phase  I" plan pursuant to this section. Provided,
  however, to utilize a bus lane photo device pursuant  to  this  program,
  the  roadway,  except  for the 34th Street and Nostrand Avenue bus rapid
  transit routes, must have at least two lanes  of  traffic  in  the  same
  direction in addition to the select bus service lane.
    7. "designated bus lane" shall mean a lane dedicated for the exclusive
  use of buses with the exceptions allowed under 4-12(m) and 4-08(a)(3) of
  title 34 of the rules of the city of New York.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city 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 lane 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.
    (e)  An owner liable for a violation of a bus lane restriction imposed
  on any route within a bus rapid transit demonstration program  shall  be
  liable for monetary penalties in accordance with a schedule of fines and
  penalties  promulgated  by  the parking violations bureau of the city of
  New York; provided, however, that the monetary penalty for  violating  a
  bus  lane  restriction  shall  not  exceed  one hundred fifteen dollars;
  provided, further, that an owner  shall  be  liable  for  an  additional
  penalty  not  to  exceed  twenty-five dollars for each violation for the
  failure to respond to a notice of liability within the  prescribed  time
  period.
    (f)  An  imposition of liability pursuant to this section shall not be
  deemed a conviction 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.
    (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 a bus lane
  restriction. 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  lane
  restriction,  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  and  the  identification
  number  of  the  bus  lane  photo device which recorded the violation or
  other document locator number.
    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 notification of
  violation.
    5. Adjudication of the liability imposed upon owners by  this  section
  shall be by the New York city parking violations bureau.
    (h)  If  an owner of a vehicle receives a notice of liability pursuant
  to this section for any  time  period  during  which  such  vehicle  was
  reported  to  the police department as having been stolen, it shall be a
  valid defense to an allegation of liability for a  violation  of  a  bus
  lane  restriction  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.
    (i) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
  liability  was  issued pursuant to subdivision (g) of this section shall
  not be liable for the violation of  a  bus  lane  restriction,  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 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 (g) of this section.
    (j) If the owner liable for a violation of a bus lane restriction  was
  not  the operator of the vehicle at the time of the violation, the owner
  may maintain an action for indemnification against the operator.
    (k) Nothing in this section shall be construed to limit the  liability
  of an operator of a vehicle for any violation of bus lane restrictions.
    (l)  If  the city of New York adopts a bus rapid transit demonstration
  program pursuant to subdivision (a) of this section it  shall  submit  a
  report  on  the  results  of  the  use  of bus lane photo devices to the
  governor, the temporary president of the senate and the speaker  of  the
  assembly  by  April  first,  two  thousand  twelve  and  every two years
  thereafter. Such report shall include, but not be limited to:
    1. a description of the locations and/or buses where  bus  lane  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;
    7. the quality of the adjudication process and its results;
    8. the total number of cameras by type of camera;
    9.  the total cost to the 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 bus rapid transit demonstration
  program for each bus route, including current statistics.
    * NB Repealed September 20, 2020

  * S 1111-d.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law,  the city of New Rochelle is hereby authorized and empowered to
  adopt and amend a local law or ordinance  establishing  a  demonstration
  program  imposing  monetary  liability  on  the  owner  of a vehicle for
  failure  of  an  operator  thereof  to   comply   with   traffic-control
  indications  in  such  city  in  accordance  with the provisions of this
  section. Such demonstration program shall empower such city  to  install
  and operate traffic-control signal photo violation-monitoring devices at
  no more than twelve intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of New Rochelle in which the charged violation occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    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 city of
  New Rochelle, or by any other entity authorized by such city to  prepare
  and mail such notification of violation.
    (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 or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  if such 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.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In such city 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 subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  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 subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section  and shall be sent a notice of liability pursuant to subdivision
  (g) of this section.
    2.  (I)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication  of  liability  imposed  upon  owners  by this section by a
  parking violations bureau, 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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A) 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
    (B) within thirty-seven days after receiving notice from the 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 the
  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 the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
  paragraph  shall  render  the owner liable for the penalty prescribed in
  this section.
    (III) 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  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 subdivision (d) of
  section eleven hundred eleven 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 failed to
  obey a traffic-control indication.  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 traffic-control indication.
    (l)  Nothing in this section shall be construed to limit the liability
  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (m)  In any such city which adopts a demonstration program pursuant to
  subdivision (a) of this section, such city shall submit an annual report
  on  the  results  of  the  use  of  a   traffic-control   signal   photo
  violation-monitoring  system to the governor, the temporary president of
  the senate and the speaker of the assembly on or before June first,  two
  thousand  fifteen  and on the same date in each succeeding year in which
  the demonstration program is operable. Such report  shall  include,  but
  not be limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used for the year preceding the installation of  such  system,
  to  the  extent the information is maintained by the department of motor
  vehicles of this state;
    3. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used, to the extent  the  information  is  maintained  by  the
  department of motor vehicles of this state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability issued for violations recorded by such systems;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made  for  violations
  recorded by such systems;
    8.  the  total  amount  of  revenue  realized  by  such city from such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed August 21, 2019
    * NB There are 3 S 1111-d's

   * S 1111-d.  Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law,  the  city  of Mt. Vernon is hereby authorized and empowered to
  adopt and amend a local law or ordinance  establishing  a  demonstration
  program  imposing  monetary  liability  on  the  owner  of a vehicle for
  failure  of  an  operator  thereof  to   comply   with   traffic-control
  indications  in  such  city  in  accordance  with the provisions of this
  section. Such demonstration program shall empower such city  to  install
  and operate traffic-control signal photo violation-monitoring devices at
  no more than twelve intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of Mt. Vernon in which the charged  violation  occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    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 city of
  Mt. Vernon, or by any other entity authorized by such  city  to  prepare
  and mail such notification of violation.
    (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 or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  if such 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.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In such city 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 subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  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 subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section  and shall be sent a notice of liability pursuant to subdivision
  (g) of this section.
    2.  (I)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication  of  liability  imposed  upon  owners  by this section by a
  parking violations bureau, 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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A) 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
    (B) within thirty-seven days after receiving notice from the 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 the
  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 the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
  paragraph  shall  render  the owner liable for the penalty prescribed in
  this section.
    (III) 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  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 subdivision (d) of
  section eleven hundred eleven 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 failed to
  obey a traffic-control indication.  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 traffic-control indication.
    (l)  Nothing in this section shall be construed to limit the liability
  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (m)  In any such city which adopts a demonstration program pursuant to
  subdivision (a) of this section, such city shall submit an annual report
  on  the  results  of  the  use  of  a   traffic-control   signal   photo
  violation-monitoring  system to the governor, the temporary president of
  the senate and the speaker of the assembly on or before June first,  two
  thousand  fifteen  and on the same date in each succeeding year in which
  the demonstration program is operable. Such report  shall  include,  but
  not be limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used for the year preceding the installation of  such  system,
  to  the  extent the information is maintained by the department of motor
  vehicles of this state;
    3. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used, to the extent  the  information  is  maintained  by  the
  department of motor vehicles of this state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability issued for violations recorded by such systems;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made  for  violations
  recorded by such systems;
    8.  the  total  amount  of  revenue  realized  by  such city from such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed August 21, 2019
    * NB There are 3 S 1111-d's

  * S 1111-d. Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law,  the city of Albany is hereby authorized and empowered to adopt
  and amend a local law or ordinance establishing a demonstration  program
  imposing  monetary liability on the owner of a vehicle for failure of an
  operator thereof to comply with traffic-control indications in such city
  in accordance with the provisions of this  section.  Such  demonstration
  program  shall  empower such city to install and operate traffic-control
  signal  photo  violation-monitoring  devices  at  no  more  than  twenty
  intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of Albany  in  which  the  charged  violation  occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    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 city of
  Albany, or by any other entity authorized by such city  to  prepare  and
  mail such notification of violation.
    (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 or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  if such 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.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In such city 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 subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  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 subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section  and shall be sent a notice of liability pursuant to subdivision
  (g) of this section.
    2.  (I)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication  of  liability  imposed  upon  owners  by this section by a
  parking violations bureau, 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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A) 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
    (B) within thirty-seven days after receiving notice from the 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 the
  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 the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
  paragraph  shall  render  the owner liable for the penalty prescribed in
  this section.
    (III) 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  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 subdivision (d) of
  section eleven hundred eleven 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 failed to
  obey a traffic-control indication.  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 traffic-control indication.
    (l)  Nothing in this section shall be construed to limit the liability
  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (m)  In any such city which adopts a demonstration program pursuant to
  subdivision (a) of this section, such city shall submit an annual report
  on  the  results  of  the  use  of  a   traffic-control   signal   photo
  violation-monitoring  system to the governor, the temporary president of
  the senate and the speaker of the assembly on or before June first,  two
  thousand  fifteen  and on the same date in each succeeding year in which
  the demonstration program is operable. Such report  shall  include,  but
  not be limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used for the year preceding the installation of  such  system,
  to  the  extent the information is maintained by the department of motor
  vehicles of this state;
    3. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used, to the extent  the  information  is  maintained  by  the
  department of motor vehicles of this state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability issued for violations recorded by such systems;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made  for  violations
  recorded by such systems;
    8.  the  total  amount  of  revenue  realized  by  such city from such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed August 21, 2019
    * NB There are 3 S 1111-d's

  * S 1111-e. Owner  liability  for failure of operator to comply with
  traffic-control indications. (a) 1. Notwithstanding any other  provision
  of  law,  the city of White Plains is hereby authorized and empowered to
  adopt and amend a local law or ordinance  establishing  a  demonstration
  program  imposing  monetary  liability  on  the  owner  of a vehicle for
  failure  of  an  operator  thereof  to   comply   with   traffic-control
  indications  in  such  city  in  accordance  with the provisions of this
  section. Such demonstration program shall empower such city  to  install
  and operate traffic-control signal photo violation-monitoring devices at
  no more than twelve intersections within such city at any one time.
    2.  Such demonstration program shall utilize necessary technologies to
  ensure, to the extent practicable, that  photographs  produced  by  such
  traffic-control  signal  photo  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 a photograph
  or photographs allow  for  the  identification  of  the  contents  of  a
  vehicle,  provided that such city has made a reasonable effort to comply
  with the provisions of this paragraph.
    (b) In any such city which  has  adopted  a  local  law  or  ordinance
  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
  shall be liable for a penalty imposed pursuant to this section  if  such
  vehicle  was  used or operated with the permission of the owner, express
  or implied, in violation of subdivision (d) of  section  eleven  hundred
  eleven  of  this article, and such violation is evidenced by information
  obtained  from  a  traffic-control  signal  photo   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
  (d) of section eleven hundred eleven of this article.
    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
  provided in article two-B of this chapter. For purposes of this section,
  "traffic-control  signal photo violation-monitoring system" shall mean a
  vehicle sensor installed to work in conjunction with  a  traffic-control
  signal 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 violation of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (d)  A  certificate,  sworn to or affirmed by a technician employed by
  the city of White Plains in which the charged violation occurred,  or  a
  facsimile    thereof,    based    upon    inspection   of   photographs,
  microphotographs, videotape or  other  recorded  images  produced  by  a
  traffic-control signal photo 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  be  available  for  inspection  in  any  proceeding to
  adjudicate the liability for such violation pursuant to a local  law  or
  ordinance adopted pursuant to this section.
    (e)  An  owner  liable  for  a violation of subdivision (d) of section
  eleven hundred eleven of  this  article  pursuant  to  a  local  law  or
  ordinance  adopted pursuant to this section shall be liable for monetary
  penalties in accordance with a schedule of fines and penalties to be set
  forth in such local law or ordinance, except that if such city by  local
  law has authorized the adjudication of such owner liability by a parking
  violations  bureau,  such  schedule shall be promulgated by such bureau.
  The liability of the owner pursuant to this  section  shall  not  exceed
  fifty dollars for each violation; provided, however, that such local law
  or  ordinance  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 a local law or ordinance adopted
  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
  (d)  of  section  eleven hundred eleven of this article pursuant to this
  section. 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
  (d) of section eleven hundred eleven 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 and the identification number of the camera which
  recorded the violation or other document locator number.
    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 city of
  White Plains, or by any other entity authorized by such city to  prepare
  and mail such notification of violation.
    (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 or, if there be none,
  by  the  court having jurisdiction over traffic infractions, except that
  if such 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.
    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
  section for any time period during which the 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 (d) of section
  eleven  hundred eleven of this article 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 traffic violations bureau,
  court having jurisdiction or parking violations bureau.
    (j) 1. In such city 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 subdivision (d) of
  section eleven hundred eleven of this article, provided that he  or  she
  sends  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 subdivision
  (d) of section eleven hundred eleven of this article  pursuant  to  this
  section  and shall be sent a notice of liability pursuant to subdivision
  (g) of this section.
    2.  (I)  In  such  city  which,  by  local  law,  has  authorized  the
  adjudication  of  liability  imposed  upon  owners  by this section by a
  parking violations bureau, 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 (d) of
  section eleven hundred eleven of this article, provided that:
    (A) 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
    (B) within thirty-seven days after receiving notice from the 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 the
  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 the
  bureau pursuant to regulations that may be promulgated for such purpose.
    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
  paragraph  shall  render  the owner liable for the penalty prescribed in
  this section.
    (III) 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  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 subdivision (d) of
  section eleven hundred eleven 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 failed to
  obey a traffic-control indication.  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 traffic-control indication.
    (l)  Nothing in this section shall be construed to limit the liability
  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
  section eleven hundred eleven of this article.
    (m)  In any such city which adopts a demonstration program pursuant to
  subdivision (a) of this section, such city shall submit an annual report
  on  the  results  of  the  use  of  a   traffic-control   signal   photo
  violation-monitoring  system to the governor, the temporary president of
  the senate and the speaker of the assembly on or before the first day of
  June next succeeding the effective date of this section and on the  same
  date  in  each  succeeding  year  in  which the demonstration program is
  operable. Such report shall include, but not be limited to:
    1.  a  description of the locations where traffic-control signal photo
  violation-monitoring systems were used;
    2. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used for the year preceding the installation of  such  system,
  to  the  extent the information is maintained by the department of motor
  vehicles of this state;
    3. the aggregate number, type and severity of  accidents  reported  at
  intersections  where a traffic-control signal photo violation-monitoring
  system is used, to the extent  the  information  is  maintained  by  the
  department of motor vehicles of this state;
    4.  the  number  of  violations  recorded at each intersection where a
  traffic-control signal photo violation-monitoring system is used and  in
  the aggregate on a daily, weekly and monthly basis;
    5.  the  total  number  of  notices of liability issued for violations
  recorded by such systems;
    6. the number of fines and total amount  of  fines  paid  after  first
  notice of liability issued for violations recorded by such systems;
    7.   the   number  of  violations  adjudicated  and  results  of  such
  adjudications including breakdowns of dispositions made  for  violations
  recorded by such systems;
    8.  the  total  amount  of  revenue  realized  by  such city from such
  adjudications;
    9. expenses incurred by such city in connection with the program; and
    10. quality of the adjudication process and its results.
    (n) It shall be a defense  to  any  prosecution  for  a  violation  of
  subdivision  (d)  of  section  eleven  hundred  eleven  of  this article
  pursuant to a local law or ordinance adopted pursuant  to  this  section
  that such traffic-control indications were malfunctioning at the time of
  the alleged violation.
    * NB Repealed September 12, 2020

S 1112. Pedestrian-control signal indications. Whenever pedestrians
are controlled by pedestrian-control signals exhibiting the words "WALK"
or "DON`T WALK", or exhibiting symbols of a walking person or upraised
hand, such signals shall indicate and apply to pedestrians as follows:
  (a) Steady WALK or walking person. Pedestrians facing such signal may
proceed across the roadway in the direction of the signal and shall be
given the right of way by other traffic.
  (b) Flashing DON`T WALK or upraised hand. No pedestrian shall start to
cross the roadway in the direction of such signal, but any pedestrians
who have partially completed their crossing on the WALK or walking
person signal shall proceed to a sidewalk or safety island while the
flashing DON`T WALK or upraised hand signal is showing.
  (c) Steady DON`T WALK or upraised hand. No pedestrians shall start to
cross the roadway in the direction of such signal, but any pedestrians
who have partially completed their crossing on the WALK or flashing
DON`T WALK signal shall proceed to a sidewalk or safety island while the
steady DON`T WALK signal is showing.

S 1113. Flashing signal indications. Whenever traffic is controlled by
 a  flashing signal used in a traffic sign or signal, only the colors red
 and yellow shall be used, and said signals shall indicate and  apply  to
 drivers of vehicles as follows:
   (a)   Flashing  red  indications.  Unless  to  make  another  movement
 permitted by other indications shown at the same time, vehicular traffic
 facing a circular red  signal  or  red  arrow  with  rapid  intermittent
 flashes  shall  stop  at  a  clearly marked stop line, but if none, then
 shall stop before entering  the  crosswalk  on  the  near  side  of  the
 intersection,  or  in  the  event  there  is  no crosswalk, at the point
 nearest the  intersecting  roadway  where  the  driver  has  a  view  of
 approaching  traffic  on  the  intersecting  roadway before entering the
 intersection and the right to proceed shall  be  subject  to  the  rules
 applicable after making a stop at a stop sign.
   (b)  Flashing  yellow indications. Vehicular traffic facing a circular
 yellow signal or  yellow  arrow  with  rapid  intermittent  flashes  may
 proceed through the intersection or past such signal only with caution.
   (c) Flashing red arrows and flashing yellow arrow indications have the
 same  meaning as the corresponding flashing circular indications, except
 that they apply only to  drivers  of  vehicles  intending  to  make  the
 movement indicated by the arrow.
   (d)  This section shall not apply at railroad grade crossings. Conduct
 of drivers of vehicles approaching railroad  grade  crossings  shall  be
 governed  by the rules as set forth in section eleven hundred seventy of
 this title.

S 1114. Display of unauthorized signs, signals, or markings. (a) No
person shall place, maintain, or display upon or in view of any highway
any unauthorized sign, signal, marking or device which purports to be or
is an imitation of or resembles or is likely to be construed as an
official traffic-control device or railroad sign or signal, or which
attempts to direct or regulate the movement of traffic, or which hides
from view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal.
  (b) No person shall place or maintain nor shall any public authority
permit upon any highway any traffic sign or signal bearing thereon any
commercial advertising.
  (c) Every such prohibited sign, signal, or marking is hereby declared
to be a public nuisance and any police officer or public authority is
hereby empowered to remove the same or cause it to be removed without
notice.

S 1115. Interference with official traffic-control devices, railroad signs or
signals and other highway appurtenances. (a) No person shall
without lawful authority attempt to or in fact alter, deface, injure,
knock down, cover, remove, or otherwise interfere with any official
traffic-control device or any railroad sign or signal, or any
inscription, shield, or insignia thereon, or any other part thereof; any
bridge or similar structure; any monument, lamppost, telephone pole,
fence, walk, curb, tree, rock cut or other appurtenance on a highway
right of way.
  (b) For the purposes of this section, to `deface` shall include, but
not be limited to, to damage, destroy, disfigure, erase, ruin, distort,
spoil or otherwise change the external appearance of an object by the
use of chalk, crayon, paint, stain, ink or other similar material.

S 1116. Lane direction control indications. Whenever traffic is
controlled by lane-use  control  signal  indications  located  over  the
individual  lanes of a highway, only the colors green, yellow, white and
red shall be used, and said signals shall indicate and apply as follows:
  (a) Traffic facing a steady downward green arrow signal indication  is
permitted to drive in the lane over which the arrow signal indication is
located.
  (b)  Traffic  facing a steady yellow X signal indication shall prepare
to vacate the lane over which the signal indication is located because a
lane control change is being made to a steady red X signal indication.
  (c) Traffic facing a  steady  white  two-way  left-turn  arrow  signal
indication  is  permitted to use a lane over which the signal indication
is located for a left  turn,  but  not  for  through  travel,  with  the
understanding  that  common  use  of the lane by oncoming road users for
left turns is also permitted.
  (d) Traffic facing a steady  white  one  way  left-turn  arrow  signal
indication  is  permitted to use a lane over which the signal indication
is located for a left turn (without opposing turns in  the  same  lane),
but not for through travel.
  (e)  Traffic  facing a steady red X signal shall not use the lane over
which the signal indication is located and this signal indication  shall
modify accordingly the meaning of other traffic controls present.

S 1117. Traffic-control signals; malfunction. Except when directed to
proceed  by  a  police  officer,  every  operator  of  a  motor  vehicle
approaching  an  intersection governed by a traffic-control signal which
is out of service or otherwise malfunctioning shall stop in  the  manner
required  for stop signs set forth in section eleven hundred seventy-two
of this title, and proceed according to the rules of right  of  way  for
vehicles set forth in article twenty-six of this title.

Top of Page
Section Sub Description of Violation
1110 (a) Failed to obey traffic control device/police sign
1111 (a)1 Fail to yield with green light
1111 (a)2 Fail to yield with green arrow
1111 (b)3 Pedestrian crossed against yellow signal
1111 (d)1 Passed circular red signal
1111 (d)2a Failed to stop at red before turning right/fail to yield to ped/traffic (2-way)
1111 (d)2b Failed to stop at red before turning right/fail to yield to ped/traffic (1-way)
1111 (d)3 Passed red arrow
1111 (d)4 Pedestrian crossed against red signal
1111 (d)5 Right on red/school bus transporting pupils
1113 (a) Failure to stop at flashing red signal
Vehicle and Traffic Law Drivers Point Guide

Vehicle and Traffic Law - Table of Contents

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