STATE OF NEW YORK
________________________________________________________________________
10391
IN ASSEMBLY
March 3, 2026
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to adjudi-
cations and owner liability for a violation of traffic-control signal
indications in the city of Poughkeepsie; to amend the public officers
law, in relation to accessing records; and providing for the repeal of
certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1111-j to read as follows:
3 § 1111-j. Owner liability for failure of operator to comply with
4 traffic-control indications; city of Poughkeepsie. (a) 1. Notwithstand-
5 ing any other provision of law, the city of Poughkeepsie is hereby
6 authorized and empowered to adopt and amend a local law or ordinance
7 establishing a demonstration program imposing monetary liability on the
8 owner of a vehicle for failure of an operator thereof to comply with
9 traffic-control indications in such city in accordance with the
10 provisions of this section. Such demonstration program shall empower
11 such city to install and operate traffic-control signal photo viola-
12 tion-monitoring devices at no more than nine intersections within such
13 city at any one time.
14 2. Such demonstration program shall utilize necessary technologies to
15 ensure, to the extent practicable, that photographs produced by such
16 traffic-control signal photo violation-monitoring systems shall not
17 include images that identify the driver, the passengers, or the contents
18 of the vehicle. Provided, however, that no notice of liability issued
19 pursuant to this section shall be dismissed solely because a photograph
20 or photographs allow for the identification of the contents of a vehi-
21 cle, provided that such city has made a reasonable effort to comply with
22 the provisions of this paragraph.
23 (b) In any such city which has adopted a local law or ordinance pursu-
24 ant to subdivision (a) of this section, the owner of a vehicle shall be
25 liable for a penalty imposed pursuant to this section if such vehicle
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14631-01-6
A. 10391 2
1 was used or operated with the permission of the owner, express or
2 implied, in violation of subdivision (d) of section eleven hundred elev-
3 en of this article, and such violation is evidenced by information
4 obtained from a traffic-control signal photo violation-monitoring
5 system; provided however that no owner of a vehicle shall be liable for
6 a penalty imposed pursuant to this section where the operator of such
7 vehicle has been convicted of the underlying violation of subdivision
8 (d) of section eleven hundred eleven of this article.
9 (c) For purposes of this section, "owner" shall have the meaning
10 provided in article two-B of this chapter. For purposes of this section,
11 "traffic-control signal photo violation-monitoring system" shall mean a
12 vehicle sensor installed to work in conjunction with a traffic-control
13 signal which automatically produces two or more photographs, two or more
14 microphotographs, a videotape or other recorded images of each vehicle
15 at the time it is used or operated in violation of subdivision (d) of
16 section eleven hundred eleven of this article.
17 (d) A certificate, sworn to or affirmed by a technician employed by
18 the city of Poughkeepsie in which the charged violation occurred, or a
19 facsimile thereof, based upon inspection of photographs, microphoto-
20 graphs, videotape or other recorded images produced by a traffic-control
21 signal photo violation-monitoring system, shall be prima facie evidence
22 of the facts contained therein. Any photographs, microphotographs, vide-
23 otape or other recorded images evidencing such a violation shall be
24 available for inspection in any proceeding to adjudicate the liability
25 for such violation pursuant to a local law or ordinance adopted pursuant
26 to this section.
27 (e) An owner liable for a violation of subdivision (d) of section
28 eleven hundred eleven of this article pursuant to a local law or ordi-
29 nance adopted pursuant to this section shall be liable for monetary
30 penalties in accordance with a schedule of fines and penalties to be set
31 forth in such local law or ordinance, except that if such city by local
32 law has authorized the adjudication of such owner liability by a parking
33 violations bureau, such schedule shall be promulgated by such bureau.
34 The liability of the owner pursuant to this section shall not exceed
35 fifty dollars for each violation; provided, however, that such local law
36 or ordinance may provide for an additional penalty not in excess of
37 twenty-five dollars for each violation for the failure to respond to a
38 notice of liability within the prescribed time period.
39 (f) An imposition of liability under a local law or ordinance adopted
40 pursuant to this section shall not be deemed a conviction as an operator
41 and shall not be made part of the operating record of the person upon
42 whom such liability is imposed nor shall it be used for insurance
43 purposes in the provision of motor vehicle insurance coverage.
44 (g) 1. A notice of liability shall be sent by first class mail to each
45 person alleged to be liable as an owner for a violation of subdivision
46 (d) of section eleven hundred eleven of this article pursuant to this
47 section. Personal delivery on the owner shall not be required. A manual
48 or automatic record of mailing prepared in the ordinary course of busi-
49 ness shall be prima facie evidence of the facts contained therein.
50 2. A notice of liability shall contain the name and address of the
51 person alleged to be liable as an owner for a violation of subdivision
52 (d) of section eleven hundred eleven of this article pursuant to this
53 section, the registration number of the vehicle involved in such
54 violation, the location where such violation took place, the date and
55 time of such violation and the identification number of the camera which
56 recorded the violation or other document locator number.
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1 3. The notice of liability shall contain information advising the
2 person charged of the manner and the time in which such person may
3 contest the liability alleged in the notice. Such notice of liability
4 shall also contain a warning to advise the persons charged that failure
5 to contest in the manner and time provided shall be deemed an admission
6 of liability and that a default judgment may be entered thereon.
7 4. The notice of liability shall be prepared and mailed by the city of
8 Poughkeepsie, or by any other entity authorized by such city to prepare
9 and mail such notification of violation.
10 (h) Adjudication of the liability imposed upon owners by this section
11 shall be by a traffic violations bureau established pursuant to section
12 three hundred seventy of the general municipal law or, if there be none,
13 by the court having jurisdiction over traffic infractions, except that
14 if such city has established an administrative tribunal to hear and
15 determine complaints of traffic infractions constituting parking, stand-
16 ing or stopping violations such city may, by local law, authorize such
17 adjudication by such tribunal.
18 (i) If an owner receives a notice of liability pursuant to this
19 section for any time period during which the vehicle was reported to the
20 police department as having been stolen, it shall be a valid defense to
21 an allegation of liability for a violation of subdivision (d) of section
22 eleven hundred eleven of this article pursuant to this section that the
23 vehicle had been reported to the police as stolen prior to the time the
24 violation occurred and had not been recovered by such time. For purposes
25 of asserting the defense provided by this subdivision it shall be suffi-
26 cient that a certified copy of the police report on the stolen vehicle
27 be sent by first class mail to the traffic violations bureau, court
28 having jurisdiction or parking violations bureau.
29 (j) 1. In such city where the adjudication of liability imposed upon
30 owners pursuant to this section is by a traffic violations bureau or a
31 court having jurisdiction, an owner who is a lessor of a vehicle to
32 which a notice of liability was issued pursuant to subdivision (g) of
33 this section shall not be liable for the violation of subdivision (d) of
34 section eleven hundred eleven of this article, provided that such owner
35 sends to the traffic violations bureau or court having jurisdiction a
36 copy of the rental, lease or other such contract document covering such
37 vehicle on the date of the violation, with the name and address of the
38 lessee clearly legible, within thirty-seven days after receiving notice
39 from the bureau or court of the date and time of such violation, togeth-
40 er with the other information contained in the original notice of
41 liability. Failure to send such information within such thirty-seven day
42 time period shall render the owner liable for the penalty prescribed by
43 this section. Where the lessor complies with the provisions of this
44 paragraph, the lessee of such vehicle on the date of such violation
45 shall be deemed to be the owner of such vehicle for purposes of this
46 section, shall be subject to liability for the violation of subdivision
47 (d) of section eleven hundred eleven of this article pursuant to this
48 section and shall be sent a notice of liability pursuant to subdivision
49 (g) of this section.
50 2. (i) In such city which, by local law, has authorized the adjudi-
51 cation of liability imposed upon owners by this section by a parking
52 violations bureau, an owner who is a lessor of a vehicle to which a
53 notice of liability was issued pursuant to subdivision (g) of this
54 section shall not be liable for the violation of subdivision (d) of
55 section eleven hundred eleven of this article, provided that:
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1 (A) prior to the violation, the lessor has filed with the bureau in
2 accordance with the provisions of section two hundred thirty-nine of
3 this chapter; and
4 (B) within thirty-seven days after receiving notice from the bureau of
5 the date and time of a liability, together with the other information
6 contained in the original notice of liability, the lessor submits to the
7 bureau the correct name and address of the lessee of the vehicle identi-
8 fied in the notice of liability at the time of such violation, together
9 with such other additional information contained in the rental, lease or
10 other contract document, as may be reasonably required by the bureau
11 pursuant to regulations that may be promulgated for such purpose.
12 (ii) Failure to comply with clause (B) of subparagraph (i) of this
13 paragraph shall render the owner liable for the penalty prescribed in
14 this section.
15 (iii) Where the lessor complies with the provisions of this paragraph,
16 the lessee of such vehicle on the date of such violation shall be deemed
17 to be the owner of such vehicle for purposes of this section, shall be
18 subject to liability for such violation pursuant to this section and
19 shall be sent a notice of liability pursuant to subdivision (g) of this
20 section.
21 (k) 1. If the owner liable for a violation of subdivision (d) of
22 section eleven hundred eleven of this article pursuant to this section
23 was not the operator of the vehicle at the time of the violation, the
24 owner may maintain an action for indemnification against the operator.
25 2. Notwithstanding any other provision of this section, no owner of a
26 vehicle shall be subject to a monetary fine imposed pursuant to this
27 section if the operator of such vehicle was operating such vehicle with-
28 out the consent of the owner at the time such operator failed to obey a
29 traffic-control indication. For purposes of this subdivision there shall
30 be a presumption that the operator of such vehicle was operating such
31 vehicle with the consent of the owner at the time such operator failed
32 to obey a traffic-control indication.
33 (l) Nothing in this section shall be construed to limit the liability
34 of an operator of a vehicle for any violation of subdivision (d) of
35 section eleven hundred eleven of this article.
36 (m) Any city that adopts a demonstration program pursuant to subdivi-
37 sion (a) of this section shall submit an annual report detailing the
38 results of the use of such traffic-control signal photo violation-moni-
39 toring system to the governor, the temporary president of the senate and
40 the speaker of the assembly on or before the first day of June next
41 succeeding the effective date of this section and on the same date in
42 each succeeding year in which the demonstration program is operable.
43 Such report shall include, but not be limited to:
44 1. a description of the locations where traffic-control signal photo
45 violation-monitoring systems were used;
46 2. the aggregate number, type and severity of accidents reported at
47 intersections where a traffic-control signal photo violation-monitoring
48 system is used for the three years preceding the installation of such
49 system, to the extent the information is maintained by the department;
50 3. the aggregate number, type and severity of accidents reported at
51 intersections where a traffic-control signal photo violation-monitoring
52 system is used for the reporting year, as well as for each year that the
53 traffic-control signal photo violation-monitoring system has been opera-
54 tional, to the extent the information is maintained by the department;
55 4. the number of events and number of violations recorded at each
56 intersection where a traffic-control signal photo violation-monitoring
A. 10391 5
1 system is used and in the aggregate on a daily, weekly and monthly
2 basis;
3 5. the number of notices of liability issued for violations recorded
4 by such system at each intersection where a traffic-control signal photo
5 violation-monitoring system is used;
6 6. the number of fines imposed and total amount of fines paid after
7 first notice of liability issued for violations recorded by such
8 systems;
9 7. the number and percentage of violations adjudicated and results of
10 such adjudications including breakdowns of dispositions made for
11 violations recorded by such systems;
12 8. the total amount of revenue realized by such city from such adjudi-
13 cations including a breakdown of revenue realized by such city for each
14 year since deployment of its traffic-control signal photo violation-mon-
15 itoring system;
16 9. expenses incurred by such city in connection with the program; and
17 10. quality of the adjudication process and its results.
18 (n) It shall be a defense to any prosecution for a violation of subdi-
19 vision (d) of section eleven hundred eleven of this article pursuant to
20 a local law or ordinance adopted pursuant to this section that such
21 traffic-control indications were malfunctioning at the time of the
22 alleged violation.
23 § 2. Subdivision 2 of section 87 of the public officers law is amended
24 by adding a new paragraph (w) to read as follows:
25 (w) are photographs, microphotographs, videotape or other recorded
26 images prepared under authority of section eleven hundred eleven-j of
27 the vehicle and traffic law.
28 § 3. The purchase or lease of equipment for a demonstration program
29 established pursuant to section 1111-j of the vehicle and traffic law
30 shall be subject to the provisions of section 103 of the general munici-
31 pal law.
32 § 4. This act shall take effect on the thirtieth day after it shall
33 have become a law and shall expire December 1, 2031, when upon such date
34 the provisions of this act shall be deemed repealed; provided, however,
35 that any such local law as may be enacted pursuant to section one of
36 this act shall remain in full force and effect only until December 1,
37 2030. Effective immediately, the addition, amendment and/or repeal of
38 any rule or regulation necessary for the implementation of this act on
39 its effective date are authorized to be made and completed on or before
40 such effective date.
