S T A T E O F N E W Y O R K
________________________________________________________________________
1604
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. GUNTHER, BUTTENSCHON -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of operator to move over when approaching a
police, fire, or emergency vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1144-b to read as follows:
§ 1144-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO MOVE OVER WHEN
APPROACHING A PARKED, STOPPED OR STANDING AUTHORIZED POLICE, FIRE OR
EMERGENCY VEHICLE. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE SUPERINTENDENT OF THE STATE POLICE IS HEREBY AUTHORIZED TO ESTABLISH
A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION
(A) OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE WHEN
APPROACHING A STATE POLICE VEHICLE EQUIPPED WITH A MOVE OVER SAFETY
MONITORING SYSTEM AND OPERATED IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE SUPERINTENDENT OF
THE STATE POLICE TO INSTALL AND OPERATE A MOVE OVER MONITORING SYSTEM ON
ANY STATE POLICE VEHICLE AUTHORIZED BY THE SUPERINTENDENT.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A COUNTY, CITY, TOWN OR
VILLAGE IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOS-
ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
ATOR THEREOF TO COMPLY WITH SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS ARTICLE WHEN APPROACHING ANY POLICE, FIRE OR EMER-
GENCY VEHICLE EQUIPPED WITH A MOVE OVER SAFETY MONITORING SYSTEM AND
OPERATED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
STRATION PROGRAM SHALL EMPOWER SUCH COUNTY, CITY, TOWN OR VILLAGE TO
INSTALL AND OPERATE A MOVE OVER SAFETY MONITORING SYSTEM ON ANY POLICE
VEHICLE, FIRE VEHICLE OR EMERGENCY AMBULANCE SERVICE VEHICLE, AS DEFINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01161-01-3
A. 1604 2
IN THIS CHAPTER THAT HAS BEEN AUTHORIZED BY THE COUNTY, CITY, TOWN OR
VILLAGE.
3. EACH MOVE OVER SAFETY MONITORING SYSTEM SHALL UNDERGO AN ANNUAL
CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE SUPERINTEN-
DENT OF THE STATE POLICE OR AUTHORIZING MUNICIPALITY SHALL KEEP SUCH
ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF
ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH
WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY SUCH MOVE OVER MONITORING SYSTEM.
4. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH MOVE OVER
SAFETY MONITORING SYSTEM SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, PASSENGER, OR THE OTHER CONTENTS OF THE VEHICLE. PROVIDED,
HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION
SHALL BE DISMISSED SOLELY BECAUSE SUCH PHOTOGRAPH, MICROPHOTOGRAPH,
VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR IDENTIFICATION OF THE DRIV-
ER, THE PASSENGER, OR THE CONTENTS OF THE VEHICLE WHERE THE SUPERINTEN-
DENT OF THE STATE POLICE OR THE AUTHORIZED MUNICIPALITY SHOWS THAT
REASONABLE EFFORTS WERE MADE TO COMPLY WITH THE PROVISIONS OF THIS PARA-
GRAPH IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
FROM A MOVE OVER MONITORING SYSTEM SHALL BE FOR THE EXCLUSIVE USE OF THE
SUPERINTENDENT OF THE STATE POLICE OR AUTHORIZED MUNICIPALITY FOR THE
PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS
SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO
THIS SECTION, AND SHALL BE DESTROYED BY THE SUPERINTENDENT OF THE STATE
POLICE OR AUTHORIZED MUNICIPALITY UPON FINAL RESOLUTION OF THE NOTICE OF
LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE
OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE
PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A
MOVE OVER MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEM:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
A. 1604 3
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE;
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) IF THE SUPERINTENDENT OF THE STATE POLICE OR AUTHORIZED MUNICI-
PALITY ESTABLISHES A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A)
OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY
IMPOSED PURSUANT TO SUBDIVISION (E) OF THIS SECTION IF SUCH VEHICLE WAS
USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,
IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FORTY-FOUR-A
OF THIS ARTICLE OR SUCH VEHICLE WAS UNABLE TO MOVE OVER AS REQUIRED BY
SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE AND TRAVELING AT A
SPEED OF MORE THAN FIVE MILES PER HOUR ABOVE THE POSTED SPEED LIMIT WHEN
PASSING AN AUTHORIZED STATE POLICE, POLICE, FIRE OR EMERGENCY AMBULANCE
SERVICE VEHICLE AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED
FROM A MOVE OVER MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A
VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO SUBDIVISION
(E) OF THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D), (F),
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS TITLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MOVE OVER SAFETY MONITORING SYSTEM" SHALL MEAN A RECORDING DEVICE
PLACED ON ANY AUTHORIZED VEHICLE, PURSUANT TO PARAGRAPHS ONE AND TWO OF
SUBDIVISION (A) OF THIS SECTION, THAT IS DESIGNED TO CAPTURE A RECORDED
VIDEO OR IMAGES OF A MOTOR VEHICLE COMMITTING A VIOLATION, UNDER SUBDI-
VISION (A) OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE, USING
(I) VIDEO OR ANOTHER VISUAL RECORDING; (II) CERTIFIED RADAR, LIDAR, OR
ANOTHER SPEED MEASURING DEVICE; OR (III) A COMPUTER OR RECORDING SYSTEM.
2. "OWNER" SHALL HAVE THE MEANING AS DEFINED IN ARTICLE TWO-B OF THIS
CHAPTER.
3. "RECORDED IMAGE" SHALL MEAN IMAGES RECORDED BY A MOVE OVER SAFETY
MONITORING SYSTEM ON (I) ONE OR MORE PHOTOGRAPHS; (II) ONE OR MORE
MICROPHOTOGRAPHS; (III) ONE OR MORE ELECTRONIC IMAGES; (IV) VIDEO; OR
(V) ANY OTHER MEDIUM; AND SUCH RECORDED IMAGES SHOW A MOTOR VEHICLE AND,
ON AT LEAST ONE IMAGE OR PORTION OF TAPE, CLEARLY IDENTIFY THE REGISTRA-
TION PLATE NUMBER OF THE MOTOR VEHICLE.
4. "AUTHORIZED MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR
VILLAGE WHICH HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO THE
PROVISIONS OF PARAGRAPHS ONE AND TWO OF SUBDIVISION (A) OF THIS SECTION.
A. 1604 4
5. "AUTHORIZED VEHICLE" SHALL MEAN ANY STATE POLICE VEHICLE AUTHORIZED
BY THE SUPERINTENDENT TO OPERATE A MOVE OVER MONITORING SYSTEM OR ANY
POLICE, FIRE OR EMERGENCY AMBULANCE VEHICLE AUTHORIZED BY A COUNTY,
CITY, TOWN OR VILLAGE TO OPERATE A MOVE OVER MONITORING SYSTEM.
(D) 1. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE DIVISION OF STATE POLICE OR THE LOCAL LAW ENFORCEMENT AGENCY OF AN
AUTHORIZED MUNICIPALITY, OR A FACSIMILE THEREOF, BASED UPON INSPECTION
OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPES OR OTHER RECORDED IMAGES
PRODUCED BY A MOVE OVER MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH VIOLATION SHALL INCLUDE:
(I) AN IMAGE OF AT LEAST ONE OF THE MOTOR VEHICLE'S REGISTRATION
PLATES;
(II) IMAGES CONTAINING THE STAMPED DATE AND TIME AND LOCATION AT WHICH
THE VIOLATION OCCURRED; AND
(III) THE SPEED AT WHICH THE VEHICLE WAS TRAVELING AND THE DISTANCE OF
THE VEHICLE FROM THE AUTHORIZED VEHICLE.
2. SUCH RECORDED IMAGES SHALL BE AVAILABLE FOR INSPECTION REASONABLY
IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED FORTY-
FOUR-A OF THIS ARTICLE PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED
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 A 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 BE ONE HUNDRED
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
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED 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 WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE 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 SECTION ELEV-
EN HUNDRED FORTY-FOUR-A OF THIS ARTICLE PURSUANT TO THIS SECTION, WITHIN
FOURTEEN BUSINESS DAYS IF SUCH OWNER IS A RESIDENT OF THIS STATE AND
WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH OWNER IS A NON-RESIDENT.
PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTO-
MATIC 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 VIOLATION OF SECTION ELEVEN
HUNDRED FORTY-FOUR-A 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, THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE
VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, IMAGES CONTAINING THE
STAMPED DATE AND TIME AND LOCATION AT WHICH THE VIOLATION OCCURRED, AND
THE SPEED AT WHICH THE VEHICLE WAS TRAVELING AND THE DISTANCE OF THE
VEHICLE FROM THE AUTHORIZED VEHICLE.
A. 1604 5
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 PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE DIVI-
SION OF THE STATE POLICE OR AUTHORIZED MUNICIPALITY, OR BY ANY OTHER
ENTITY AUTHORIZED BY THE SUPERINTENDENT OF STATE POLICE OR AUTHORIZED
MUNICIPALITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(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 WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER
TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A 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 ADJUDI-
CATION BY SUCH TRIBUNAL.
(I) IF AN OWNER RECEIVES NOTICE OF LIABILITY PURSUANT TO THIS SECTION
FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE OR
PLATES OF 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 SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE
PURSUANT TO THIS SECTION THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES
OF SUCH 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 OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS
MAIL TO TRAFFIC VIOLATIONS BUREAU, THE COURT HAVING JURISDICTION OR THE
PARKING VIOLATIONS BUREAU OR TO ANY ENTITY AUTHORIZED BY THE SUPERINTEN-
DENT OF STATE POLICE OR AUTHORIZED MUNICIPALITY TO PREPARE AND MAIL SUCH
NOTICE OF LIABILITY.
(J) 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 UNDER SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS ARTICLE PURSUANT TO THIS SECTION, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH TRAFFIC
VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR THE 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 DIVI-
SION OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFOR-
MATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
TO SUCH TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR THE
PARKING VIOLATIONS 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 TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR
THE PARKING VIOLATIONS 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 OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
SUBDIVISION (E) OF THIS SECTION.
A. 1604 6
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 THE
PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
ITY PURSUANT TO SUBDIVISION (I) OF THIS SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT THE OPERA-
TOR 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 WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS
ARTICLE. 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 OF SUCH OPERATOR OPERATED SUCH VEHICLE
IN VIOLATION OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS ARTICLE.
(M) IF THE SUPERINTENDENT OF THE STATE POLICE OR AUTHORIZED MUNICI-
PALITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF
THIS SECTION SUCH SUPERINTENDENT OR AUTHORIZED MUNICIPALITY SHALL
CONDUCT A STUDY AND SUBMIT A REPORT ON THE RESULTS OF THE USE OF A MOVE
OVER MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO:
1. THE LOCATIONS WHERE AND DATES WHEN MOVE OVER MONITORING SYSTEMS
WERE USED;
2. THE AGGREGATE NUMBER OF VIOLATIONS;
3. THE NUMBER OF VIOLATIONS RECORDED IN AGGREGATE ON A DAILY, WEEKLY
AND MONTHLY BASIS;
4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEM;
5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
6. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULT OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
7. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE STATE OR MUNICIPALITY
IN CONNECTION WITH THE PROGRAM; AND
8. EXPENSES INCURRED BY THE DIVISION OF STATE POLICE OR AUTHORIZED
MUNICIPALITY IN CONNECTION WITH THE PROGRAM.
§ 2. This act shall take effect January 1, 2024.