S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7626
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the public officers law,
   in relation to owner liability for failure to stop at a stop  sign  or
   yield for a pedestrian

   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 1174-b to read as follows:
   §  1174-B.  OWNER  LIABILITY FOR FAILURE OF OPERATOR TO STOP AT A STOP
 SIGN OR YIELD FOR A PEDESTRIAN AS REQUIRED BY LAW.  (A)  NOTWITHSTANDING
 ANY  OTHER  PROVISION  OF LAW, ANY MUNICIPALITY IS HEREBY AUTHORIZED AND
 EMPOWERED TO ADOPT AND AMEND A LOCAL LAW  OR  ORDINANCE  ESTABLISHING  A
 PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH  SUBDIVISION  (A)  OF  SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN  HUNDRED FIFTY-ONE OF THIS TITLE. SUCH PROGRAM SHALL EMPOWER SUCH
 MUNICIPALITY TO INSTALL AND OPERATE STOP SIGN  AND  PEDESTRIAN  CROSSING
 PHOTO  VIOLATION  MONITORING  SYSTEMS WHICH MAY BE STATIONARY OR MOBILE,
 AND WHICH MAY BE INSTALLED WITHIN THE BOUNDARIES OF SUCH MUNICIPALITY.
   (B) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO  ENSURE,  TO
 THE   EXTENT  PRACTICABLE,  THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH  PHOTO
 VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY  THE
 DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
 ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
 DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
 TIFICATION  OF  THE  DRIVER,  PASSENGERS,  OR THE CONTENTS OF A VEHICLE,
 PROVIDED THAT SUCH MUNICIPALITY HAS MADE A REASONABLE EFFORT  TO  COMPLY
 WITH THE PROVISIONS OF THIS PARAGRAPH.
   (C)  IN  ANY  SUCH MUNICIPALITY WHICH HAS ADOPTED A LOCAL LAW OR ORDI-
 NANCE PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A  VEHI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11215-01-5
              

 A. 7626                             2
 
 CLE  SHALL  BE  LIABLE FOR A PENALTY IMPOSED PURSUANT TO 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 SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION ELEVEN
 HUNDRED  FIFTY-ONE  OF  THIS  TITLE,  AND SUCH VIOLATION IS EVIDENCED BY
 INFORMATION OBTAINED FROM A  STOP  SIGN  OR  PEDESTRIAN  CROSSING  PHOTO
 VIOLATION MONITORING SYSTEM.
   (D)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "OWNER" SHALL HAVE THE MEANING AS DEFINED PURSUANT TO  SECTION  TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER.
   2.  "STOP  SIGN  AND  PEDESTRIAN  CROSSING  PHOTO VIOLATION MONITORING
 SYSTEM" SHALL MEAN A SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A STOP
 OR YIELD SIGN WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS,  TWO
 OR  MORE  MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH
 VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION  OF  SUBDIVISION
 (A)  OF  SECTION  ELEVEN  HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN HUNDRED
 FORTY-TWO, OR SECTION ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE.
   3. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGEN-
 CY,  ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
 WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER  WHO  OPERATES
 SUCH OWNER'S OWN VEHICLE.
   4.  "MUNICIPALITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE, INCLUDING AN
 INCORPORATED VILLAGE.
   (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE MUNICIPALITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE
 THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH STOP SIGN AND PEDESTRIAN
 CROSSING PHOTO MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE  OF  THE
 FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
 INSPECTION  IN  ANY  PROCEEDING  TO  ADJUDICATE  THE  LIABILITY FOR SUCH
 VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO  THIS
 SECTION.
   (F)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE PURSUANT TO A LOCAL LAW OR  ORDI-
 NANCE  ADOPTED  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. THE LIABILITY OF THE OWNER  PURSU-
 ANT  TO  THIS SECTION SHALL NOT EXCEED 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 A NOTICE OF LIABILITY WITHIN THE
 PRESCRIBED TIME PERIOD. FOR THE PURPOSES OF THIS SECTION  A  FAILURE  TO
 RESPOND  SHALL  MEAN THAT THE OWNER FAILED TO SEND A WRITTEN RESPONSE TO
 THE VIOLATION BY FIRST CLASS MAIL WITHIN THE PRESCRIBED TIME PERIOD; THE
 OWNER SHALL HAVE A VALID DEFENSE AGAINST ANY ADDITIONAL LATE PENALTY  IF
 IT IS SHOWN THROUGH ADJUDICATION THAT THE OWNER SENT WRITTEN RESPONSE BY
 FIRST CLASS MAIL WITHIN THE PRESCRIBED TIME PERIOD.
   (G)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
 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  UPON
 WHOM  SUCH  LIABILITY  IS  IMPOSED,  NOR  SHALL IT BE USED FOR INSURANCE
 PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
 A. 7626                             3
 
   (H) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL  WITHIN
 TWENTY-ONE  DAYS  OF  THE ALLEGED VIOLATION TO EACH PERSON ALLEGED TO BE
 LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF SECTION  ELEVEN
 HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION ELEVEN
 HUNDRED  FIFTY-ONE  OF  THIS  TITLE  PURSUANT  TO THIS SECTION. PERSONAL
 DELIVERY ON THE OWNER SHALL NOT  BE  REQUIRED.  A  MANUAL  OR  AUTOMATIC
 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 A VIOLATION OF SUBDIVISION
 (A) OF  SECTION  ELEVEN  HUNDRED  SEVENTY-TWO,  SECTION  ELEVEN  HUNDRED
 FORTY-TWO, OR SECTION ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE 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,  AND  THE IDENTIFICATION NUMBER OF THE CAMERA
 WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON  CHARGED  OF  THE  MANNER  AND  THE TIME IN WHICH SUCH PERSON MAY
 CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH  NOTICE  OF  LIABILITY
 SHALL  ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE
 TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN  ADMISSION
 OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE MUNICI-
 PALITY  WHERE  THE  ALLEGED  VIOLATION  OCCURRED  OR BY ANY OTHER ENTITY
 AUTHORIZED BY SUCH MUNICIPALITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
 VIOLATION.
   (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   (J)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE PURSUANT TO THIS SECTION THAT THE
 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 BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU  OR
 COURT HAVING JURISDICTION.
   (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
 ITY  WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE
 LIABLE FOR THE VIOLATION OF SUBDIVISION (A) OF  SECTION  ELEVEN  HUNDRED
 SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION ELEVEN HUNDRED
 FIFTY-ONE  OF  THIS TITLE, PROVIDED THAT SUCH OWNER SENDS TO THE TRAFFIC
 VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A  COPY  OF  THE  RENTAL,
 LEASE  OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
 OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY  LEGI-
 BLE,  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
 COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER  WITH  THE  OTHER
 INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
 SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN  DAY  TIME  PERIOD  SHALL
 RENDER  THE  OWNER  LIABLE  FOR  THE PENALTY PRESCRIBED BY THIS SECTION.
 WHERE THE LESSOR COMPLIES WITH THE PROVISIONS 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 PURPOSES  OF  THIS  SECTION,  SHALL  BE
 A. 7626                             4
 
 SUBJECT  TO  LIABILITY  FOR  THE VIOLATION OF SUBDIVISION (A) OF SECTION
 ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR SECTION
 ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE  PURSUANT  TO  THIS  SECTION  AND
 SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS
 SECTION.
   (L) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR
 SECTION  ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE PURSUANT TO THIS SECTION
 WAS NOT THE OPERATOR 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 FAILED TO OBEY A
 STOP SIGN OR PEDESTRIAN CROSSING. 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 SUCH OPERATOR
 FAILED TO OBEY A STOP SIGN OR PEDESTRIAN CROSSING.
   (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
 SECTION ELEVEN HUNDRED SEVENTY-TWO, SECTION ELEVEN HUNDRED FORTY-TWO, OR
 SECTION ELEVEN HUNDRED FIFTY-ONE OF THIS TITLE.
   (N) ANY MUNICIPALITY THAT ADOPTS A PROGRAM PURSUANT TO SUBDIVISION (A)
 OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE  RESULTS  OF
 THE  USE  OF SUCH STOP SIGN OR PEDESTRIAN-CROSSING PHOTO VIOLATION MONI-
 TORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY ON OR BEFORE THE  FIRST  DAY  OF  JUNE  NEXT
 SUCCEEDING  THE  EFFECTIVE  DATE OF THIS SECTION AND ON THE SAME DATE IN
 EACH SUCCEEDING YEAR IN WHICH THE PROGRAM IS OPERABLE. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS WHERE STOP SIGN OR PEDESTRIAN CROSS-
 ING PHOTO VIOLATION MONITORING SYSTEMS WERE USED;
   2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
 LOCATIONS WHERE A STOP SIGN OR PEDESTRIAN CROSSING PHOTO VIOLATION MONI-
 TORING  SYSTEM IS USED FOR THE THREE YEARS PRECEDING THE INSTALLATION OF
 SUCH SYSTEM, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE  DEPART-
 MENT;
   3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
 LOCATIONS WHERE A STOP SIGN OR PEDESTRIAN CROSSING PHOTO VIOLATION MONI-
 TORING SYSTEM IS USED FOR THE REPORTING YEAR, AS WELL AS FOR  EACH  YEAR
 THAT  THE  STOP  SIGN  OR PEDESTRIAN CROSSING PHOTO VIOLATION MONITORING
 SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED
 BY THE DEPARTMENT;
   4. THE NUMBER OF EVENTS AND NUMBER  OF  VIOLATIONS  RECORDED  AT  EACH
 LOCATION  WHERE A STOP SIGN OR PEDESTRIAN CROSSING PHOTO VIOLATION MONI-
 TORING SYSTEM IS USED AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTH-
 LY BASIS;
   5. THE TOTAL NUMBER OF PEDESTRIANS AND BICYCLISTS CROSSING THE  INTER-
 SECTION  OR PEDESTRIAN CROSSING, TO THE EXTENT SUCH INFORMATION IS GATH-
 ERED BY THE MONITORING SYSTEM;
   6. THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR  VIOLATIONS  RECORDED
 BY SUCH SYSTEM AT EACH LOCATION WHERE A STOP SIGN OR PEDESTRIAN CROSSING
 PHOTO VIOLATION MONITORING SYSTEM IS USED;
   7.  THE  NUMBER  OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
 FIRST NOTICE OF LIABILITY;
 A. 7626                             5
 
   8. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS  OF
 SUCH   ADJUDICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR
 VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL  BE  PROVIDED  AT  LEAST
 ANNUALLY  TO  SUCH  MUNICIPALITY  BY  THE  RESPECTIVE COURTS AND BUREAUS
 CONDUCTING SUCH ADJUDICATIONS;
   9. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH MUNICIPALITY FROM SUCH
 ADJUDICATIONS  INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH MUNICI-
 PALITY FOR EACH YEAR SINCE DEPLOYMENT OF ITS  STOP  SIGN  OR  PEDESTRIAN
 CROSSING PHOTO VIOLATION MONITORING SYSTEMS; AND
   10.  EXPENSES  INCURRED  BY  SUCH  MUNICIPALITY IN CONNECTION WITH THE
 PROGRAM.
   (O) THE NET REVENUES OF THE  PROGRAM  SHALL  BE  DEDICATED  TOWARDS  A
 PUBLIC SAFETY PURPOSE, INCLUDING PEDESTRIAN SAFETY PROGRAMS.
   § 2. Subdivision 2 of section 87 of the public officers law is amended
 by adding a new paragraph (v) to read as follows:
   (V)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED SEVENTY-FOUR-B
 OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.