New York Vehicle and Traffic Code § 1111-F

Owner liability for failure of operator to comply with traffic-control indications
Open in Lexace · Ask the AI about this section
* § 1111-f. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the village of Pelham Manor is hereby authorized and empowered\nto adopt and amend a local law or ordinance establishing a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with traffic-control\nindications in such village in accordance with the provisions of this\nsection. Such demonstration program shall empower such village to\ninstall and operate traffic-control signal photo violation-monitoring\ndevices at no more than one intersection within and under the\njurisdiction of such village at any one time; provided, however, that\nwhere one of the two highways joining one another at such intersection\nis a state highway maintained by the state, such village may install and\noperate such traffic-control signal photo violation-monitoring device in\na manner affecting traffic proceeding along such state highway at such\nintersection if it has obtained approval in writing from the department\nof transportation, and the department of transportation may at any time\nrescind or modify such approval.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such village has made a reasonable effort to\ncomply with the provisions of this paragraph.\n  (b) In any such village which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe village of Pelham Manor in which the charged violation occurred, or\na facsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this secti

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.