STATE OF NEW YORK
________________________________________________________________________
6383
2025-2026 Regular Sessions
IN SENATE
March 12, 2025
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to authorizing covered agencies and authorities to use
weigh-in-motion technology to automatically enforce vehicle weight
limits on their facilities
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 385-b to read as follows:
3 § 385-b. Owner liability for failure of operator to comply with weight
4 restrictions on a covered agency and authority's facilities. 1. (a)
5 Notwithstanding any other provision of law, a covered agency or authori-
6 ty may establish a weigh-in-motion program on its facilities imposing
7 monetary liability on the owner of a vehicle for failure of an operator
8 thereof to comply with gross vehicle weight and/or axle weight
9 restrictions on such facilities in accordance with the provisions of
10 this section. Such program shall empower the covered agency or authority
11 to install and operate weigh-in-motion violation monitoring systems on
12 its facilities. Such systems may be activated at locations on such
13 portion of its facilities as determined by the covered agency or author-
14 ity. A covered agency or authority may enter into a memorandum of agree-
15 ment with another covered agency or authority for the purposes of coor-
16 dinating the planning, design, installation, operation, construction and
17 maintenance of such weigh-in-motion program. Such memorandum shall
18 address, for purposes of such program, the use of systems, devices and
19 other facilities owned and operated by the other covered agency or
20 authority.
21 (b) No weigh-in-motion violation monitoring system shall be used
22 unless: (i) on the day it is to be used it has undergone a self-test
23 for the operation of such system; and (ii) it has undergone an annual
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10482-01-5
S. 6383 2
1 calibration check performed pursuant to paragraph (c) of this subdivi-
2 sion. A result of the daily self-test for each such system shall include
3 the date and time that the self-test was successfully performed. The
4 covered agency or authority shall retain each such daily self-test until
5 the later of the date on which the weigh-in-motion system to which it
6 applies has been permanently removed from use or the final resolution of
7 all cases involving notices of liability issued based on photographs,
8 microphotographs, video or other recorded images, and information and
9 data generated in conjunction therewith, produced by such system.
10 (c) Each weigh-in-motion violation monitoring system shall undergo a
11 calibration check every twelve months in accordance with specifications
12 prescribed pursuant to a memorandum of agreement between the covered
13 agency or authority and the New York state department of agriculture and
14 markets, or in accordance with an applicable reference standard as
15 determined by the covered agency or authority. Such calibration check
16 shall be performed by an independent calibration laboratory, which shall
17 issue a signed certificate of calibration on its letterhead to the
18 covered agency or authority. Nothing contained in this paragraph shall
19 be deemed to require the signature of a notary public on such certif-
20 icate. The covered agency or authority shall retain each such annual
21 certificate of calibration on file until the final resolution of all
22 cases involving notices of liability issued during such twelve-month
23 time period which were based on photographs, microphotographs, video or
24 other recorded images, and information and data generated in conjunction
25 therewith, produced by such weigh-in-motion violation monitoring system.
26 (d) The covered agency or authority shall monitor the system by evalu-
27 ating information and data collected from sensor readings of each weigh-
28 in-motion violation monitoring system. The covered agency or authority
29 shall promulgate rules for monitoring collected data, responding to
30 system alerts, and establishing a protocol for action which may include
31 recertification.
32 (e) Weigh-in-motion violation monitoring systems used in accordance
33 with the weigh-in-motion program authorized pursuant to this section
34 shall be operated only on the covered agency or authority's facilities
35 or on another agency or authority's facilities if agreed upon in a memo-
36 randum of agreement.
37 (f) (i) No photograph, microphotograph, videotape or other recorded
38 image, nor any information and data generated in conjunction therewith,
39 shall be used for any purpose other than as specified in this section,
40 except as may be otherwise provided by this paragraph. Notwithstanding
41 the above, all information and data from weigh-in-motion violation moni-
42 toring systems may be shared among covered agencies and authorities for
43 the purposes of monitoring impacts to a covered agency or authority's
44 facilities and for reporting purposes.
45 (ii) Such program shall utilize necessary technologies to ensure, to
46 the extent practicable, that photographs, microphotographs, videotape or
47 other recorded images produced by such weigh-in-motion violation moni-
48 toring systems shall not include images that identify the driver, the
49 passengers, or the contents of the vehicle. Provided, however, that no
50 notice of liability issued pursuant to this section shall be dismissed
51 solely because such a photograph, microphotograph, videotape or other
52 recorded image allows for the identification of the driver, the passen-
53 gers, or the contents of vehicles where the covered agency or authority
54 shows that it made reasonable efforts to comply with the provisions of
55 this paragraph in such case.
S. 6383 3
1 (iii) Photographs, microphotographs, videotape or any other recorded
2 image, and any information and data generated in conjunction therewith,
3 produced by a weigh-in-motion violation monitoring system shall be for
4 the exclusive use of the covered agency or authority, or by use of
5 another covered agency or authority adjudicating on behalf of a covered
6 agency, for the purpose of the adjudication of liability imposed pursu-
7 ant to this section, and of the owner receiving a notice of liability
8 pursuant to this section, and as required by the covered agency or
9 authority to study the impact of overweight vehicles on its facilities
10 and management of such facilities, and shall be destroyed by the covered
11 agency or authority, or another covered agency or authority where appli-
12 cable, upon the final resolution of the notice of liability to which
13 such photographs, microphotographs, videotape or other recorded images
14 and information and data generated in conjunction therewith relate, or
15 one year following the date of issuance of such notice of liability,
16 whichever is later. Notwithstanding the provisions of any other law,
17 rule or regulation to the contrary, photographs, microphotographs, vide-
18 otape or any other recorded image, and information and data generated in
19 conjunction therewith, from a weigh-in-motion violation monitoring
20 system shall not be open to the public, nor subject to civil or criminal
21 process or discovery, nor used by any court or administrative or adjudi-
22 catory body in any action or proceeding therein except that which is
23 necessary for the adjudication of a notice of liability issued pursuant
24 to this section, and no public entity or employee, officer or agent
25 thereof shall disclose such information, except that such photographs,
26 microphotographs, videotape or any other recorded images, and informa-
27 tion and data generated in conjunction therewith, from such systems:
28 (A) shall be available for inspection and copying and use by the motor
29 vehicle owner and operator for so long as such photographs, microphoto-
30 graphs, videotape or other recorded images, information and data are
31 required to be maintained or are maintained by such public entity,
32 employee, officer or agent; and
33 (B) (1) shall be furnished when described in a search warrant issued
34 by a court authorized to issue such a search warrant pursuant to article
35 six hundred ninety of the criminal procedure law or a federal court
36 authorized to issue such a search warrant under federal law, where such
37 search warrant states that there is reasonable cause to believe such
38 information constitutes evidence of, or tends to demonstrate that, a
39 misdemeanor or felony offense was committed in this state or another
40 state, or that a particular person participated in the commission of a
41 misdemeanor or felony offense in this state or another state, provided,
42 however, that if such offense was against the laws of another state, the
43 court shall only issue a warrant if the conduct comprising such offense
44 would, if occurring in this state, constitute a misdemeanor or felony
45 against the laws of this state; and
46 (2) shall be furnished in response to a subpoena duces tecum signed by
47 a judge of competent jurisdiction and issued pursuant to article six
48 hundred ten of the criminal procedure law or a judge or magistrate of a
49 federal court authorized to issue such a subpoena duces tecum under
50 federal law, where the judge finds and the subpoena states that there is
51 reasonable cause to believe such information is relevant and material to
52 the prosecution, or the defense, or the investigation by an authorized
53 law enforcement official, of the alleged commission of a misdemeanor or
54 felony in this state or another state, provided, however, that if such
55 offense was against the laws of another state, such judge or magistrate
56 shall only issue such subpoena if the conduct comprising such offense
S. 6383 4
1 would, if occurring in this state, constitute a misdemeanor or felony in
2 this state; and
3 (3) may, if lawfully obtained pursuant to this clause and clause (A)
4 of this subparagraph and otherwise admissible, be used in such criminal
5 action or proceeding.
6 (iv) The covered agency or authority shall install signage in advance
7 of locations where weigh-in-motion violation monitoring systems are in
8 operation giving notice to approaching motor vehicle operators that
9 weigh-in-motion violation monitoring systems are in use to enforce motor
10 vehicle weight restrictions.
11 (v) The covered agency or authority shall use oversight procedures to
12 ensure compliance with the aforementioned privacy protection measures.
13 2. If the covered agency or authority establishes a program pursuant
14 to subdivision one of this section, the owner of a vehicle shall be
15 liable for a penalty imposed pursuant to this section if such vehicle
16 was used or operated with the permission of the owner, express or
17 implied, on the covered agency's or authority's facilities in violation
18 of section three hundred eighty-five of this article and the rules and
19 regulations of the covered agency or authority in relation to gross
20 vehicle weight and/or axle weight, where such vehicle was traveling ten
21 percent or more above the gross vehicle weight or twenty percent or more
22 above the axle weight at the time of such violation as indicated by at
23 least two independently detected gross vehicle weight and/or axle weight
24 measurements obtained by a weigh-in-motion violation monitoring system,
25 and such violation is evidenced by information obtained from a weigh-in-
26 motion violation monitoring system; provided however that no owner of a
27 vehicle shall be liable for a penalty imposed pursuant to this section
28 where the operator of such vehicle: has been convicted of the underlying
29 violation of section three hundred eighty-five of this article and the
30 rules and regulations of the covered agency or authority in relation to
31 gross vehicle weight and/or axle weight; or operated such vehicle in
32 accordance with the terms and conditions of any overweight permit issued
33 in accordance with this chapter and any rules and regulations promulgat-
34 ed thereto. Where a vehicle is in violation of both gross vehicle weight
35 restrictions and axle weight restrictions, the owner shall be liable for
36 a separate penalty for each such violation.
37 3. For purposes of this section, the following terms shall have the
38 following meanings:
39 (a) "covered agency or authority" shall mean: (i) the department of
40 transportation established pursuant to article two of the transportation
41 law; (ii) the Triborough bridge and tunnel authority established pursu-
42 ant to title three of article three of the public authorities law; (iii)
43 the state bridge authority established pursuant to title two of article
44 three of the public authorities law; (iv) the port authority of New York
45 and New Jersey established pursuant to chapter one hundred fifty-four of
46 the laws of nineteen hundred twenty-one; (v) the New York city depart-
47 ment of transportation; and (vi) the New York state thruway authority
48 established pursuant to title nine of article two of the public authori-
49 ties law;
50 (b) "owner" shall have the meaning provided in section two hundred
51 thirty-nine of this chapter;
52 (c) "weigh-in-motion violation monitoring system" shall mean sensors,
53 capable of operating independently of an enforcement officer, installed
54 to work in conjunction with other devices to capture and record the
55 gross vehicle weight and the axle weight of a motor vehicle, which
56 produce at least two independently detected gross vehicle weight and/or
S. 6383 5
1 axle weight measurements and automatically produce two or more photo-
2 graphs, two or more microphotographs, a videotape or other recorded
3 images of each vehicle at the time it is used or operated in violation
4 of section three hundred eighty-five of this article and the rules and
5 regulations of the covered agency or authority in relation to gross
6 vehicle weight and/or axle weight, in accordance with the provisions of
7 this section;
8 (d) "weigh-in-motion program" shall mean the program authorized by
9 this section that operates exclusively on covered agency or authority
10 facilities;
11 (e) "covered agency or authority facilities" shall mean those sites
12 including but not limited to roadways, bridges, and highways owned,
13 operated and maintained by a covered agency or authority; and
14 (f) "rules and regulations of a covered agency or authority" shall
15 mean rules and regulations of an agency or authority described in para-
16 graph a of this subdivision.
17 4. A certificate, sworn to or affirmed by a technician employed by a
18 covered agency or authority or its agent, or a facsimile thereof, based
19 upon inspection of photographs, microphotographs, videotape or other
20 recorded images, and information and data generated in conjunction ther-
21 ewith, produced by a weigh-in-motion violation monitoring system, shall
22 be prima facie evidence of the facts contained therein. Nothing
23 contained in this subdivision shall be deemed to require the signature
24 of a notary public on such certificate. Any photographs, microphoto-
25 graphs, videotape or other recorded images evidencing such a violation
26 shall include an image of the motor vehicle alleged to be in violation
27 and the information and data generated in conjunction therewith and
28 shall be available for inspection reasonably in advance of and at any
29 proceeding to adjudicate the liability for such violation pursuant to
30 this section.
31 5. An owner liable for a violation of section three hundred eighty-
32 five of this article and the rules and regulations of a covered agency
33 or authority pursuant to a weigh-in-motion program established pursuant
34 to this section shall be liable for monetary penalties in accordance
35 with separate schedules of fines and penalties to be promulgated by a
36 covered agency or authority for a violation of section three hundred
37 eighty-five of this article and the rules and regulations of a covered
38 agency or authority in relation to gross vehicle weight and/or axle
39 weight. The liability of the owner pursuant to this section shall not
40 exceed three thousand seven hundred fifty dollars for each violation or
41 as otherwise provided for in section three hundred eighty-five of this
42 article, whichever is higher.
43 6. An imposition of liability under the weigh-in-motion program estab-
44 lished pursuant to this section shall not be deemed a conviction for an
45 operator.
46 7. (a) A notice of liability shall be sent by first class mail to each
47 person alleged to be liable as an owner for a violation of section three
48 hundred eighty-five of this article and the rules and regulations of a
49 covered agency or authority in relation to gross vehicle weight and/or
50 axle weight pursuant to this section, within fourteen business days if
51 such owner is a resident of this state and within forty-five business
52 days if such owner is a non-resident. Personal delivery on the owner
53 shall not be required. A manual or automatic record of mailing prepared
54 in the ordinary course of business shall be prima facie evidence of the
55 facts contained therein.
S. 6383 6
1 (b) A notice of liability shall contain the name and address of the
2 person alleged to be liable as an owner for a violation of section three
3 hundred eighty-five of this article and the rules and regulations of a
4 covered agency or authority in relation to gross vehicle weight and/or
5 axle weight pursuant to this section, the registration number of the
6 vehicle involved in such violation, the gross vehicle weight and/or axle
7 weight measured, the location where such violation took place, the date
8 and time of such violation, the identification number of the weigh-in-
9 motion violation monitoring system which recorded the violation or other
10 document locator number, one or more date and time stamped images iden-
11 tifying the motor vehicle and the information and data evidencing the
12 alleged violation, and the certificate charging the liability.
13 (c) The notice of liability shall contain information advising the
14 person charged of the manner and the time in which they may contest the
15 liability alleged in the notice. Such notice of liability shall also
16 contain a prominent warning to advise the person charged that failure to
17 contest in the manner and time provided shall be deemed an admission of
18 liability and that a default judgment may be entered thereon.
19 (d) The notice of liability shall be prepared and mailed by the
20 covered agency or authority, or by any other entity authorized by the
21 covered agency or authority to prepare and mail such notice of liabil-
22 ity.
23 8. Adjudication of the liability imposed upon owners pursuant to this
24 section shall be by the covered agency or authority, or by any other
25 government entity authorized by the covered agency or authority to adju-
26 dicate such liability. If such entity is the New York city parking
27 violations bureau, such liability imposed pursuant to this section may
28 only occur within the city of New York.
29 9. If an owner receives a notice of liability pursuant to this section
30 for any time period during which the vehicle or the number plate or
31 plates of such vehicle was reported to the police department as having
32 been stolen, it shall be a valid defense to an allegation of liability
33 for a violation of section three hundred eighty-five of this article and
34 the rules and regulations of the covered agency or authority in relation
35 to gross vehicle weight and/or axle weight pursuant to this section that
36 the vehicle or the number plate or plates of such vehicle had been
37 reported to the police as stolen prior to the time the violation
38 occurred and had not been recovered by such time. For purposes of
39 asserting the defense provided by this subdivision, it shall be suffi-
40 cient that a certified copy of the police report on the stolen vehicle
41 or number plate or plates of such vehicle be sent by first class mail to
42 the covered agency or authority.
43 10. (a) An owner who is a lessor of a vehicle to which a notice of
44 liability was issued pursuant to subdivision seven of this section shall
45 not be liable for the violation of section three hundred eighty-five of
46 this article and the rules and regulations of the covered agency or
47 authority in relation to gross vehicle weight and/or axle weight pursu-
48 ant to this section, provided that:
49 (i) prior to the violation, the lessor has filed the rental, lease or
50 other contract document with the name and address of the lessee with the
51 covered agency or authority in accordance with the provisions of subdi-
52 vision ten of section twenty-nine hundred eighty-five of the public
53 authorities law or section two hundred thirty-nine of this chapter, as
54 applicable; and
55 (ii) within thirty-seven days after receiving notice from the covered
56 agency or authority of the date and time of a liability, together with
S. 6383 7
1 the other information contained in the original notice of liability, the
2 lessor submits to such covered agency or authority the correct name and
3 address of the lessee of the vehicle identified in the notice of liabil-
4 ity at the time of such violation, together with such other additional
5 information contained in the rental, lease or other contract document,
6 as may be reasonably required by the covered agency or authority pursu-
7 ant to regulations that may be promulgated for such purpose.
8 (b) Failure to comply with subparagraph (ii) of paragraph (a) of this
9 subdivision shall render the lessor liable for the penalty prescribed in
10 this section.
11 (c) Where the lessor complies with the provisions of paragraph (a) of
12 this subdivision, the lessee of such vehicle on the date of such
13 violation shall be deemed to be the owner of such vehicle for purposes
14 of this section, shall be subject to liability for such violation pursu-
15 ant to this section and shall be sent a notice of liability pursuant to
16 subdivision seven of this section.
17 11. (a) If the owner liable for a violation of section three hundred
18 eighty-five of this article and the rules and regulations of the covered
19 agency or authority in relation to gross vehicle weight and/or axle
20 weight pursuant to this section was not the operator of the vehicle at
21 the time of the violation, the owner may maintain an action for indemni-
22 fication against the operator.
23 (b) Notwithstanding any other provision of this section, no owner of a
24 vehicle shall be subject to a monetary fine imposed pursuant to this
25 section if the operator of such vehicle was operating such vehicle with-
26 out the consent of the owner at the time such operator operated such
27 vehicle in violation of section three hundred eighty-five of this arti-
28 cle and the rules and regulations of the covered agency or authority in
29 relation to gross vehicle weight and/or axle weight. For purposes of
30 this subdivision there shall be a presumption that the operator of such
31 vehicle was operating such vehicle with the consent of the owner at the
32 time such operator operated such vehicle in violation of section three
33 hundred eighty-five of this article and the rules and regulations of the
34 covered agency or authority in relation to gross vehicle weight and/or
35 axle weight.
36 12. Nothing in this section shall be construed to limit the liability
37 of an operator of a vehicle for any violation of section three hundred
38 eighty-five of this article and the rules and regulations of the covered
39 agency or authority in relation to gross vehicle weight and/or axle
40 weight.
41 13. It shall be a defense to any prosecution for a violation of
42 section three hundred eighty-five of this article and the rules and
43 regulations of the covered agency or authority in relation to gross
44 vehicle weight and/or axle weight pursuant to this section that such
45 weigh-in-motion violation monitoring system was malfunctioning at the
46 time of the alleged violation.
47 § 2. Subdivision 2 of section 87 of the public officers law is amended
48 by adding a new paragraph (v) to read as follows:
49 (v) are photographs, microphotographs, videotape or other recorded
50 images or information and data prepared under authority of section three
51 hundred eighty-five-b of the vehicle and traffic law.
52 § 3. A covered agency or authority shall: (i) prior to implementing a
53 weigh-in-motion program as authorized by section 385-b of the vehicle
54 and traffic law, as added by section one of this act, communicate to the
55 public the plan for the use of vehicle weigh-in-motion violation moni-
56 toring systems to enforce vehicle weight restrictions so as to maximize
S. 6383 8
1 awareness of such program; (ii) during the first 60-day period in which
2 weigh-in-motion violation monitoring systems are in operation pursuant
3 to the provisions of this act send by first class mail a written warning
4 in lieu of a notice of liability to all owners of motor vehicles who
5 would be held liable for failure of operators thereof to comply with
6 section 385-b of the vehicle and traffic law in relation to gross vehi-
7 cle weight and/or axle weight, together with notice of the weigh-in-mo-
8 tion program authorized by section 385-b of the vehicle and traffic law;
9 and (iii) take such measures as are necessary to implement such program
10 prior to its implementation, including promulgating any rules and regu-
11 lations necessary for the implementation of this act.
12 § 4. The purchase or lease of equipment for a demonstration program
13 pursuant to section 385-b of the vehicle and traffic law shall be
14 subject to the provisions of section 103 of the general municipal law.
15 § 5. This act shall take effect immediately.
