Relates to the weigh in motion monitoring systems and the data generated in conjunction with such systems pursuant to a demonstration program on interstate route 278 in Kings county; extends the authorization for such program.
STATE OF NEW YORK
________________________________________________________________________
7995
2025-2026 Regular Sessions
IN ASSEMBLY
April 16, 2025
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the weigh in
motion demonstration program on interstate route 278 in Kings county;
and to amend chapter 773 of the laws of 2021, amending the vehicle
and traffic law and the public officers law relating to establishing a
demonstration program on interstate route 278 in Kings county to
enforce vehicle weight restriction on such interstate by means of
mobile or stationary weigh in motion systems, in relation to extend-
ing the provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 385-a of the vehicle and traffic law, as added by
2 chapter 773 of the laws of 2021, paragraph 3 of subdivision (a) as
3 amended by chapter 253 of the laws of 2023, is amended to read as
4 follows:
5 § 385-a. Owner liability for failure of operator to comply with weight
6 restrictions on interstate route 278 in Kings county. (a) 1. Notwith-
7 standing any other provision of law, the city of New York is hereby
8 authorized to establish a weigh in motion demonstration program on
9 interstate route 278 in Kings county imposing monetary liability on the
10 owner of a vehicle for failure of an operator thereof to comply with
11 gross vehicle weight and/or axle weight restrictions on such portion of
12 such interstate in accordance with the provisions of this section. Such
13 demonstration program shall empower the city of New York to install and
14 operate up to sixteen weigh in motion violation monitoring systems at
15 any one time on interstate route 278 in Kings county. Such systems may
16 be stationary or mobile and may be activated at locations on such
17 portion of such interstate as determined by the New York city department
18 of transportation. The New York state department of transportation may
19 enter into a memorandum of [understanding] agreement with the New York
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10759-03-5
A. 7995 2
1 city department of transportation for the purposes of coordinating the
2 planning, design, installation, construction and maintenance of such
3 weigh in motion demonstration program. Such memorandum shall address,
4 for purposes of such demonstration program, the use of systems, devices
5 and other facilities owned and operated by the state.
6 2. No weigh in motion violation monitoring system shall be used unless
7 (i) on the day it is to be used it has undergone a self-test for the
8 operation of such system; and (ii) it has undergone a [semi-annual]
9 calibration check performed pursuant to paragraph three of this subdivi-
10 sion. A result of the daily self-test for each such system shall include
11 the date and time that the self-test was successfully performed. The
12 city of New York shall retain each such daily self-test until the later
13 of the date on which the weigh in motion system to which it applies has
14 been permanently removed from use or the final resolution of all cases
15 involving notices of liability issued based on photographs, microphoto-
16 graphs, video or other recorded images, and identifying information
17 [and] or data generated in conjunction therewith, produced by such
18 system.
19 3. Each weigh in motion violation monitoring system shall undergo a
20 calibration check every [six] twelve months in accordance with specifi-
21 cations prescribed pursuant to a memorandum of agreement between the New
22 York city department of transportation and the New York state department
23 of agriculture and markets, or in accordance with an applicable refer-
24 ence standard as determined by the New York city department of transpor-
25 tation. Such calibration check shall be performed by an independent
26 calibration laboratory which shall issue a signed certificate of cali-
27 bration on its letterhead to the city of New York. Nothing contained in
28 this paragraph shall be deemed to require the signature of a notary
29 public on such certificate. The city shall retain each such [bi-annual]
30 annual certificate of calibration on file until the final resolution of
31 all cases involving notices of liability issued during such [six-month]
32 twelve-month time period which were based on photographs, microphoto-
33 graphs, video or other recorded images, and identifying information
34 [and] or data generated in conjunction therewith, produced by such weigh
35 in motion violation monitoring system.
36 4. The New York city department of transportation shall [establish a
37 range, according to the manufacturer's standards and its monitoring of
38 the system, for evaluating] monitor each weigh in motion violation moni-
39 toring system and evaluate information and data collected from sensor
40 readings of each [weigh in motion violation monitoring] such system.
41 [Each such system shall be set to automatically alert such department of
42 significant variations from the established range during a twenty-four-
43 hour period. After such an alert, such system shall be inspected and any
44 necessary adjustments shall be made.] Such department shall [keep a log
45 of the details of all alerts, including the date and time of such alert,
46 the amount of variation from the established range in such alert, the
47 adjustments made or actions taken as a result of the subsequent
48 inspection, and the date and time of such inspection, adjustments or
49 actions.] promulgate rules for monitoring collected data and responding
50 to system alerts that indicate a potential malfunction of the system or
51 any component of such system, and establish a protocol for such depart-
52 ment to respond to such alerts, including a calibration check described
53 in paragraph three of this subdivision.
54 5. Weigh in motion violation monitoring systems used in accordance
55 with the weigh in motion demonstration program authorized pursuant to
A. 7995 3
1 this section shall be operated only on interstate route 278 within Kings
2 county.
3 6. (i) No photograph, microphotograph, videotape or other recorded
4 image, nor any identifying information [and] or data generated in
5 conjunction therewith, shall be used for any purpose other than as spec-
6 ified in this section, except as may be otherwise provided by this para-
7 graph.
8 (ii) Such demonstration program shall utilize necessary technologies
9 to ensure, to the extent practicable, that photographs, microphoto-
10 graphs, videotape, or other recorded images produced by such weigh in
11 motion violation monitoring systems shall not include images that iden-
12 tify the driver, the passengers, or the contents of the vehicle.
13 Provided, however, that no notice of liability issued pursuant to this
14 section shall be dismissed solely because such a photograph, microphoto-
15 graph, videotape, or other recorded image allows for the identification
16 of the driver, the passengers, or the contents of vehicles where the
17 city shows that it made reasonable efforts to comply with the provisions
18 of this paragraph in such case.
19 (iii) Photographs, microphotographs, videotape, or any other recorded
20 image, and any identifying information [and] or data generated in
21 conjunction therewith, produced by a weigh in motion violation monitor-
22 ing system shall be for the exclusive use of the city for the purpose of
23 the adjudication of liability imposed pursuant to this section, and of
24 the owner receiving a notice of liability pursuant to this section, and
25 as required by the New York city department of transportation to study
26 the impact of overweight vehicles on interstate route 278 in Kings coun-
27 ty and management of such infrastructure, and as needed by any federal,
28 state, and local governmental entities for the purposes of enforcement
29 against license plate obstruction, concealment, and distortion, and
30 against overweight vehicles, and shall be destroyed by the city upon the
31 final resolution of the notice of liability to which such photographs,
32 microphotographs, videotape or other recorded images, and identifying
33 information [and] or data generated in conjunction therewith relate, or
34 one year following the date of issuance of such notice of liability,
35 whichever is later. Notwithstanding the provisions of any other law,
36 rule, or regulation to the contrary, photographs, microphotographs,
37 videotape or any other recorded image, and identifying information [and]
38 or data generated in conjunction therewith, from a weigh in motion
39 violation monitoring system shall not be open to the public, nor subject
40 to civil or criminal process or discovery, nor used by any court or
41 administrative or adjudicatory body in any action or proceeding therein
42 except that which is necessary for the adjudication of a notice of
43 liability issued pursuant to this section, and no public entity or
44 employee, officer, or agent thereof shall disclose such information,
45 except that such photographs, microphotographs, videotape, or any other
46 recorded images, and identifying information [and] or data generated in
47 conjunction therewith, from such systems:
48 (A) shall be available for inspection and copying and use by the motor
49 vehicle owner and operator for so long as such photographs, microphoto-
50 graphs, videotape or other recorded images, information [and] or data
51 are required to be maintained or are maintained by such public entity,
52 employee, officer or agent; and
53 (B) (1) shall be furnished when described in a search warrant issued
54 by a court authorized to issue such a search warrant pursuant to article
55 six hundred ninety of the criminal procedure law or a federal court
56 authorized to issue such a search warrant under federal law, where such
A. 7995 4
1 search warrant states that there is reasonable cause to believe such
2 information constitutes evidence of, or tends to demonstrate that, a
3 misdemeanor or felony offense was committed in this state or another
4 state, or that a particular person participated in the commission of a
5 misdemeanor or felony offense in this state or another state, provided,
6 however, that if such offense was against the laws of another state, the
7 court shall only issue a warrant if the conduct comprising such offense
8 would, if occurring in this state, constitute a misdemeanor or felony
9 against the laws of this state; and
10 (2) shall be furnished in response to a subpoena duces tecum signed by
11 a judge of competent jurisdiction and issued pursuant to article six
12 hundred ten of the criminal procedure law or a judge or magistrate of a
13 federal court authorized to issue such a subpoena duces tecum under
14 federal law, where the judge finds and the subpoena states that there is
15 reasonable cause to believe such information is relevant and material to
16 the prosecution, or the defense, or the investigation by an authorized
17 law enforcement official, of the alleged commission of a misdemeanor or
18 felony in this state or another state, provided, however, that if such
19 offense was against the laws of another state, such judge or magistrate
20 shall only issue such subpoena if the conduct comprising such offense
21 would, if occurring in this state, constitute a misdemeanor or felony in
22 this state; and
23 (3) may, if lawfully obtained pursuant to this clause and clause (A)
24 of this subparagraph and otherwise admissible, be used in such criminal
25 action or proceeding.
26 (iv) The city of New York shall install signs in advance of [entry
27 points to interstate route 278 in Kings county] locations where weigh in
28 motion violation monitoring systems are in operation giving notice to
29 approaching motor vehicle operators that weigh in motion violation moni-
30 toring systems are in use to enforce motor vehicle weight restrictions.
31 (v) The city of New York shall use oversight procedures to ensure
32 compliance with the aforementioned privacy protection measures.
33 (b) If the city of New York establishes a demonstration program pursu-
34 ant to subdivision (a) of this section, the owner of a vehicle shall be
35 liable for a penalty imposed pursuant to this section if such vehicle
36 was used or operated with the permission of the owner, express or
37 implied, on interstate route 278 in Kings county in violation of section
38 three hundred eighty-five of this article and the rules of the depart-
39 ment of transportation of the city of New York in relation to gross
40 vehicle weight and/or axle weight, where such vehicle was traveling ten
41 percent or more above the gross vehicle weight limit or twenty percent
42 or more above the axle weight limit at the time of such violation as
43 indicated by at least two independently detected gross vehicle weight
44 and/or axle weight measurements obtained by a weigh in motion violation
45 monitoring system, and such violation is evidenced by information
46 obtained from a weigh in motion violation monitoring system[; provided
47 however that no owner of a vehicle shall be liable for a penalty imposed
48 pursuant to this section where the operator of such vehicle: has been
49 convicted of the underlying violation of section three hundred eighty-
50 five of this article and the rules of the department of transportation
51 of the city of New York in relation to gross vehicle weight and/or axle
52 weight; or operated such vehicle in accordance with the terms and condi-
53 tions of any overweight permit issued in accordance with this chapter
54 and any rules and regulations promulgated thereto]. Where a vehicle is
55 in violation of both gross vehicle weight restrictions and axle weight
A. 7995 5
1 restrictions, the owner shall be liable for a separate penalty for each
2 such violation.
3 (c) For purposes of this section, the following terms shall have the
4 following meanings:
5 1. ["manual on uniform traffic control devices" or "MUTCD" shall mean
6 the manual and specifications for a uniform system of traffic control
7 devices maintained by the commissioner of transportation pursuant to
8 section sixteen hundred eighty of this chapter;
9 2.] "owner" shall have the meaning provided in article two-B of this
10 chapter;
11 [3.] 2. "weigh in motion violation monitoring system" shall mean
12 sensors, capable of operating independently of an enforcement officer,
13 installed to work in conjunction with other devices to capture and
14 record the gross vehicle weight and the axle weight of a motor vehicle,
15 which produce at least two independently detected gross vehicle weight
16 and/or axle weight measurements and automatically produce two or more
17 photographs, two or more microphotographs, a videotape or other recorded
18 images of each vehicle at the time it is used or operated in violation
19 of section three hundred eighty-five of this article and the rules of
20 the department of transportation of the city of New York in relation to
21 gross vehicle weight and/or axle weight, in accordance with the
22 provisions of this section; and
23 [4.] 3. "weigh in motion demonstration program" shall mean the demon-
24 stration program authorized by this section that operates exclusively on
25 interstate route 278 in Kings county.
26 [5.] 4. "interstate route 278 in Kings county" shall mean that portion
27 of interstate route 278 specifically from the vicinity of Atlantic
28 avenue to the vicinity of Sands street in Kings county, state of New
29 York.
30 [6. "Rules] 5. "rules of the department of transportation of the city
31 of New York" shall mean rules and regulations of the New York city
32 department of transportation adopted pursuant to section sixteen hundred
33 forty-two of this chapter.
34 (d) A certificate, sworn to or affirmed by a technician employed by
35 the city of New York, or a facsimile thereof, based upon inspection of
36 photographs, microphotographs, videotape or other recorded images, [and]
37 or information [and] or data generated in conjunction therewith,
38 produced by a weigh in motion violation monitoring system, shall be
39 prima facie evidence of the facts contained therein. Nothing contained
40 in this subdivision shall be deemed to require the signature of a notary
41 public on such certificate. Any photographs, microphotographs, videotape
42 or other recorded images evidencing such a violation shall include an
43 image of the motor vehicle alleged to be in violation and the informa-
44 tion [and] or data generated in conjunction therewith and shall be
45 available for inspection reasonably in advance of and at any proceeding
46 to adjudicate the liability for such violation pursuant to this section.
47 (e) An owner liable for a violation of section three hundred eighty-
48 five of this article and the rules of the department of transportation
49 of the city of New York pursuant to a weigh in motion demonstration
50 program established pursuant to this section shall be liable for mone-
51 tary penalties in accordance with separate schedules of fines and penal-
52 ties to be promulgated by the parking violations bureau of the city of
53 New York for a violation of section three hundred eighty-five of this
54 article and the rules of the department of transportation of the city of
55 New York in relation to gross vehicle weight and/or axle weight. The
56 liability of the owner pursuant to this section shall not exceed one
A. 7995 6
1 thousand dollars for each violation; provided, however, that such park-
2 ing violations bureau may provide for an additional penalty not in
3 excess of twenty-five dollars for each violation for the failure to
4 respond to a notice of liability within the prescribed time period.
5 (f) An imposition of liability under the weigh in motion demonstration
6 program established pursuant to this section shall not be deemed a
7 conviction as an operator and shall not be made part of the operating
8 record of the person upon whom such liability is imposed nor shall it be
9 used for insurance purposes in the provision of motor vehicle insurance
10 coverage.
11 (g) 1. A notice of liability shall be sent by first class mail to each
12 person alleged to be liable as an owner for a violation of section three
13 hundred eighty-five of this article and the rules of the department of
14 transportation of the city of New York in relation to gross vehicle
15 weight and/or axle weight pursuant to this section, within fourteen
16 business days if such owner is a resident of this state and within
17 forty-five business days if such owner is a non-resident, unless the
18 vehicle's license plate is obstructed, concealed, or distorted in which
19 case a notice of liability shall be sent within forty-five business
20 days. Personal delivery on the owner shall not be required. A manual or
21 automatic record of mailing prepared in the ordinary course of business
22 shall be prima facie evidence of the facts contained therein.
23 2. A notice of liability shall contain the name and address of the
24 person alleged to be liable as an owner for a violation of section three
25 hundred eighty-five of this article and the rules of the department of
26 transportation of the city of New York in relation to gross vehicle
27 weight and/or axle weight pursuant to this section, [the United States
28 department of transportation number of the vehicle involved in such
29 violation,] the registration number of the vehicle involved in such
30 violation, the gross vehicle weight and/or axle weight measured, the
31 location where such violation took place, the date and time of such
32 violation, the identification number of the weigh in motion violation
33 monitoring system which recorded the violation or other document locator
34 number, one or more date and time stamped images identifying the motor
35 vehicle and the information and data evidencing the alleged violation,
36 and the certificate charging the liability.
37 3. The notice of liability shall contain information advising the
38 person charged of the manner and the time in which they may contest the
39 liability alleged in the notice. Such notice of liability shall also
40 contain a prominent warning to advise the person charged that failure to
41 contest in the manner and time provided shall be deemed an admission of
42 liability and that a default judgment may be entered thereon.
43 4. The notice of liability shall be prepared and mailed by the city of
44 New York, or by any other entity authorized by the city to prepare and
45 mail such notice of liability.
46 (h) Adjudication of the liability imposed upon owners of this section
47 shall be by the New York city parking violations bureau.
48 (i) If an owner receives a notice of liability pursuant to this
49 section for any time period during which the vehicle or the number plate
50 or plates of such vehicle was reported to the police department as
51 having been stolen, it shall be a valid defense to an allegation of
52 liability for a violation of section three hundred eighty-five of this
53 article and the rules of the department of transportation of the city of
54 New York in relation to gross vehicle weight and/or axle weight pursuant
55 to this section that the vehicle or the number plate or plates of such
56 vehicle had been reported to the police as stolen prior to the time the
A. 7995 7
1 violation occurred and had not been recovered by such time. For purposes
2 of asserting the defense provided by this subdivision, it shall be
3 sufficient that a certified copy of the police report on the stolen
4 vehicle or number plate or plates of such vehicle be sent by first class
5 mail to the New York city parking violations bureau.
6 (j) 1. An owner who is a lessor of a vehicle to which a notice of
7 liability was issued pursuant to subdivision (g) of this section shall
8 not be liable for the violation of section three hundred eighty-five of
9 this article and the rules of the department of transportation of the
10 city of New York in relation to gross vehicle weight and/or axle weight
11 pursuant to this section, provided that:
12 (i) prior to the violation, the lessor has filed with such parking
13 violations bureau in accordance with the provisions of section two
14 hundred thirty-nine of this chapter; and
15 (ii) within thirty-seven days after receiving notice from such bureau
16 of the date and time of a liability, together with the other information
17 contained in the original notice of liability, the lessor submits to
18 such bureau the correct name and address of the lessee of the vehicle
19 identified in the notice of liability at the time of such violation,
20 together with such other additional information contained in the rental,
21 lease or other contract document, as may be reasonably required by such
22 bureau pursuant to regulations that may be promulgated for such purpose.
23 2. Failure to comply with subparagraph (ii) of paragraph one of this
24 subdivision shall render the owner liable for the penalty prescribed in
25 this section.
26 3. Where the lessor complies with the provisions of paragraph one of
27 this subdivision, the lessee of such vehicle on the date of such
28 violation shall be deemed to be the owner of such vehicle for purposes
29 of this section, shall be subject to liability for such violation pursu-
30 ant to this section and shall be sent a notice of liability pursuant to
31 subdivision (g) of this section.
32 (k) 1. If the owner liable for a violation of section three hundred
33 eighty-five of this article and the rules of the department of transpor-
34 tation of the city of New York in relation to gross vehicle weight
35 and/or axle weight pursuant to this section was not the operator of the
36 vehicle at the time of the violation, the owner may maintain an action
37 for indemnification against the operator.
38 2. Notwithstanding any other provision of this section, no owner of a
39 vehicle shall be subject to a monetary fine imposed pursuant to this
40 section if the operator of such vehicle was operating such vehicle with-
41 out the consent of the owner at the time such operator operated such
42 vehicle in violation of section three hundred eighty-five of this arti-
43 cle and the rules of the department of transportation of the city of New
44 York in relation to gross vehicle weight and/or axle weight. For
45 purposes of this subdivision there shall be a presumption that the oper-
46 ator of such vehicle was operating such vehicle with the consent of the
47 owner at the time such operator operated such vehicle in violation of
48 section three hundred eighty-five of this article and the rules of the
49 department of transportation of the city of New York in relation to
50 gross vehicle weight and/or axle weight.
51 (l) Nothing in this section shall be construed to limit the liability
52 of an operator of a vehicle for any violation of section three hundred
53 eighty-five of this article and the rules of the department of transpor-
54 tation of the city of New York in relation to gross vehicle weight
55 and/or axle weight.
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1 (m) If the city adopts a demonstration program pursuant to subdivision
2 (a) of this section it shall conduct a study and submit an annual report
3 on the results of the use of weigh in motion violation monitoring
4 systems to the governor, the temporary president of the senate and the
5 speaker of the assembly on or before June first, two thousand twenty-two
6 and on the same date in each succeeding year in which the demonstration
7 program is operable. Such city shall also post such annual report on the
8 New York city department of transportation website. Such report shall
9 include:
10 1. the locations where and dates when weigh in motion violation moni-
11 toring systems were used;
12 2. the total number of trucks weighed and the total number of
13 violations recorded by weigh in motion violation monitoring systems in
14 accordance with this section in the aggregate on a daily, weekly, and
15 monthly basis;
16 3. the total number of violations recorded by weigh in motion
17 violation monitoring systems disaggregated by the number of violations
18 that were [either] ten percent or more above the gross vehicle weight
19 [or] limit, the number of violations that were twenty percent or more
20 above the axle weight limit, and the number of recorded violations that
21 violated both such limits;
22 4. the total number of notices of liability issued for violations
23 recorded by such weigh in motion systems;
24 5. the number of fines and total amount of fines paid after the first
25 notice of liability issued for violations recorded by weigh in motion
26 systems;
27 6. the number of violations adjudicated and the results of such adju-
28 dications including breakdowns of dispositions made for violations
29 recorded by weigh in motion systems;
30 7. the total amount of revenue realized by the city of New York in
31 connection with the program;
32 8. the expenses incurred by the city of New York in connection with
33 the program;
34 9. the quality of the adjudication process and its results; and
35 10. the total capital amount spent on repair or reconstruction of
36 interstate route 278 in Kings county [and the total capital amount spent
37 on repair or reconstruction of interstate route 278 specifically from
38 the vicinity of Atlantic avenue to the vicinity of Sands street in Kings
39 county].
40 (n) It shall be [a] an affirmative defense to any prosecution for a
41 violation of section three hundred eighty-five of this article and the
42 rules of the department of transportation of the city of New York in
43 relation to gross vehicle weight and/or axle weight pursuant to this
44 section that such weigh in motion violation monitoring system was
45 malfunctioning at the time of the alleged violation; or where the opera-
46 tor of such vehicle has been convicted of the underlying violation of
47 section three hundred eighty-five of this article and the rules of the
48 department of transportation of the city of New York in relation to
49 gross vehicle weight and/or axle weight; or operated such vehicle in
50 accordance with the terms and conditions of any overweight permit issued
51 in accordance with this chapter and any rules and regulations promulgat-
52 ed thereto.
53 § 2. The opening paragraph of section 16 of chapter 773 of the laws of
54 2021, amending the vehicle and traffic law and the public officers law
55 relating to establishing a demonstration program on interstate route 278
56 in Kings county to enforce vehicle weight restriction on such interstate
A. 7995 9
1 by means of mobile or stationary weigh in motion systems, is amended to
2 read as follows:
3 This act shall take effect immediately; provided, however, that
4 sections twelve, thirteen, fourteen and fifteen shall expire and be
5 deemed repealed December 1, [2025] 2030 when upon such date the
6 provisions of such sections shall be deemed repealed; and provided
7 further, that notwithstanding the expiration and repeal of sections
8 twelve, thirteen, fourteen and fifteen of this act, any notices of
9 liability issued pursuant to the demonstration program authorized pursu-
10 ant to section 385-a of the vehicle and traffic law, as added by section
11 twelve of this act, prior to the expiration date of this act may be
12 adjudicated after such expiration date; and provided further, that:
13 § 3. This act shall take effect immediately; provided, however, that
14 the amendments to section 385-a of the vehicle and traffic law made by
15 section one of this act shall not affect the repeal of such section and
16 shall be deemed repealed therewith.
