NY State Senate Bill 2025-S6383

Senate Bill S6383

2025-2026 Legislative Session

Authorizes covered agencies and authorities to use weigh-in-motion technology to automatically enforce vehicle weight limits on their facilities

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2025	referred to transportation

2025-S6383 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §385-b, V & T L; amd §87, Pub Off L

2025-S6383 (ACTIVE) - Summary

Authorizes covered agencies and authorities to use weigh-in-motion technology to automatically enforce vehicle weight limits on their facilities.

2025-S6383 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6383

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Expands statutory authorization for the use of weigh-in-motion (WIM)
technology to help keep overweight vehicles off of bridges and highways
and to improve overall traffic flow.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 385-b to the vehicle and traffic law to
authorize the use of weigh-in-motion technology by the State Department
of Transportation, Triborough Bridge and Tunnel Authority, Bridge
Authority, Thruway Authority, Port Authority of New York and New Jersey,

and the New York City Department of Transportation, on agency or author-
ity facilities including roadways, bridges, and highways. Agencies and
authorities will promulgate rules and regulations for WIM to automat-
ically enforce truck weight limits on their facilities and impose mone-
tary penalties on the owner of a vehicle for failure to comply with
gross vehicle weight limits or axle weight restrictions.

Section two adds a new paragraph (v) to subdivision 2 of section 87 of
the public officers law regarding recorded images, information, and
data.

Section three sets guidelines for covered agencies or authorities that
seek to implement a weigh-in-motion program, regarding public notice.

Section four subjects the purchase or lease of equipment for a demon-
stration program to the general municipal law.

Section five sets forth the effective date.

 
JUSTIFICATIGN:

Overweight vehicles can cause greater stress on road structures, short-
ening their lifespan and decreasing overall reliability and safety.
Traditional permanent roadside stations to weigh and inspect trucks are
not as reliable for ensuring that overweight vehicles do not use certain
roadways.

This bill would respond to those challenges by utilizing weigh-in-motion
(WIM) technology to capture axle weights and gross vehicle weight as
vehicles drive over them. WIM technology can provide cost-effective,
real-time data to focus efforts on non-compliant vehicles. Previous
efforts by the Legislature to address these issues include legislation
enacted in 2021 (S2740B/A2316) Kavanagh/Simon, Chapter 773 to establish
a demonstration WIM program on the Brooklyn-Queens Expressway (BQE) and
a 2023 (S6246/A6225) Gounardes/Simon, Chapter 253 to provide calibration
checks for WIM systems on the BQE.

Allowing public agencies and authorities to utilize WIM technology is an
important step to preserve our State's infrastructure and would prevent
premature degradation of our roadways, bridges, and highways.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6383 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6383
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 385-b to read as follows:
   § 385-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH WEIGHT
 RESTRICTIONS ON A COVERED AGENCY  AND  AUTHORITY'S  FACILITIES.  1.  (A)
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A COVERED AGENCY OR AUTHORI-
 TY  MAY  ESTABLISH  A WEIGH-IN-MOTION PROGRAM ON ITS FACILITIES IMPOSING
 MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN  OPERATOR
 THEREOF   TO  COMPLY  WITH  GROSS  VEHICLE  WEIGHT  AND/OR  AXLE  WEIGHT
 RESTRICTIONS ON SUCH FACILITIES IN ACCORDANCE  WITH  THE  PROVISIONS  OF
 THIS SECTION. SUCH PROGRAM SHALL EMPOWER THE COVERED AGENCY OR AUTHORITY
 TO  INSTALL  AND OPERATE WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS ON
 ITS FACILITIES. SUCH SYSTEMS MAY  BE  ACTIVATED  AT  LOCATIONS  ON  SUCH
 PORTION OF ITS FACILITIES AS DETERMINED BY THE COVERED AGENCY OR AUTHOR-
 ITY. A COVERED AGENCY OR AUTHORITY MAY ENTER INTO A MEMORANDUM OF AGREE-
 MENT  WITH ANOTHER COVERED AGENCY OR AUTHORITY FOR THE PURPOSES OF COOR-
 DINATING THE PLANNING, DESIGN, INSTALLATION, OPERATION, CONSTRUCTION AND
 MAINTENANCE OF  SUCH  WEIGH-IN-MOTION  PROGRAM.  SUCH  MEMORANDUM  SHALL
 ADDRESS,  FOR  PURPOSES OF SUCH PROGRAM, THE USE OF SYSTEMS, DEVICES AND
 OTHER FACILITIES OWNED AND OPERATED  BY  THE  OTHER  COVERED  AGENCY  OR
 AUTHORITY.
   (B)  NO  WEIGH-IN-MOTION  VIOLATION  MONITORING  SYSTEM  SHALL BE USED
 UNLESS:  (I) ON THE DAY IT IS TO BE USED IT HAS  UNDERGONE  A  SELF-TEST
 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
 
 CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH (C) OF  THIS  SUBDIVI-
 SION. A RESULT OF THE DAILY SELF-TEST FOR EACH SUCH SYSTEM SHALL INCLUDE
 THE  DATE  AND  TIME  THAT THE SELF-TEST WAS SUCCESSFULLY PERFORMED. THE
 COVERED AGENCY OR AUTHORITY SHALL RETAIN EACH SUCH DAILY SELF-TEST UNTIL
 THE  LATER  OF  THE DATE ON WHICH THE WEIGH-IN-MOTION SYSTEM TO WHICH IT
 APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF
 ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED  BASED  ON  PHOTOGRAPHS,
 MICROPHOTOGRAPHS,  VIDEO  OR  OTHER RECORDED IMAGES, AND INFORMATION AND
 DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY SUCH SYSTEM.
   (C) EACH WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM SHALL  UNDERGO  A
 CALIBRATION  CHECK EVERY TWELVE MONTHS IN ACCORDANCE WITH SPECIFICATIONS
 PRESCRIBED PURSUANT TO A MEMORANDUM OF  AGREEMENT  BETWEEN  THE  COVERED
 AGENCY OR AUTHORITY AND THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND
 MARKETS,  OR  IN  ACCORDANCE  WITH  AN  APPLICABLE REFERENCE STANDARD AS
 DETERMINED BY THE COVERED AGENCY OR AUTHORITY.  SUCH  CALIBRATION  CHECK
 SHALL BE PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY, WHICH SHALL
 ISSUE  A  SIGNED  CERTIFICATE  OF  CALIBRATION  ON ITS LETTERHEAD TO THE
 COVERED AGENCY OR AUTHORITY. NOTHING CONTAINED IN THIS  PARAGRAPH  SHALL
 BE  DEEMED  TO  REQUIRE THE SIGNATURE OF A NOTARY PUBLIC ON SUCH CERTIF-
 ICATE.  THE COVERED AGENCY OR AUTHORITY SHALL RETAIN  EACH  SUCH  ANNUAL
 CERTIFICATE  OF  CALIBRATION  ON  FILE UNTIL THE FINAL RESOLUTION OF ALL
 CASES INVOLVING NOTICES OF LIABILITY  ISSUED  DURING  SUCH  TWELVE-MONTH
 TIME  PERIOD WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR
 OTHER RECORDED IMAGES, AND INFORMATION AND DATA GENERATED IN CONJUNCTION
 THEREWITH, PRODUCED BY SUCH WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM.
   (D) THE COVERED AGENCY OR AUTHORITY SHALL MONITOR THE SYSTEM BY EVALU-
 ATING INFORMATION AND DATA COLLECTED FROM SENSOR READINGS OF EACH WEIGH-
 IN-MOTION VIOLATION MONITORING SYSTEM. THE COVERED AGENCY  OR  AUTHORITY
 SHALL  PROMULGATE  RULES  FOR  MONITORING  COLLECTED DATA, RESPONDING TO
 SYSTEM ALERTS, AND ESTABLISHING A PROTOCOL FOR ACTION WHICH MAY  INCLUDE
 RECERTIFICATION.
   (E)  WEIGH-IN-MOTION  VIOLATION  MONITORING SYSTEMS USED IN ACCORDANCE
 WITH THE WEIGH-IN-MOTION PROGRAM AUTHORIZED  PURSUANT  TO  THIS  SECTION
 SHALL  BE  OPERATED ONLY ON THE COVERED AGENCY OR AUTHORITY'S FACILITIES
 OR ON ANOTHER AGENCY OR AUTHORITY'S FACILITIES IF AGREED UPON IN A MEMO-
 RANDUM OF AGREEMENT.
   (F) (I) NO PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE  OR  OTHER  RECORDED
 IMAGE,  NOR ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH,
 SHALL BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN  THIS  SECTION,
 EXCEPT  AS  MAY BE OTHERWISE PROVIDED BY THIS PARAGRAPH. NOTWITHSTANDING
 THE ABOVE, ALL INFORMATION AND DATA FROM WEIGH-IN-MOTION VIOLATION MONI-
 TORING SYSTEMS MAY BE SHARED AMONG COVERED AGENCIES AND AUTHORITIES  FOR
 THE  PURPOSES  OF  MONITORING IMPACTS TO A COVERED AGENCY OR AUTHORITY'S
 FACILITIES AND FOR REPORTING PURPOSES.
   (II) SUCH PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO  ENSURE,  TO
 THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER  RECORDED  IMAGES PRODUCED BY SUCH WEIGH-IN-MOTION VIOLATION MONI-
 TORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY  THE  DRIVER,  THE
 PASSENGERS,  OR  THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO
 NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL  BE  DISMISSED
 SOLELY  BECAUSE  SUCH  A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER
 RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE  PASSEN-
 GERS,  OR THE CONTENTS OF VEHICLES WHERE THE COVERED AGENCY OR AUTHORITY
 SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE  PROVISIONS  OF
 THIS PARAGRAPH IN SUCH CASE.
 S. 6383                             3

   (III)  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
 IMAGE, AND ANY INFORMATION AND DATA GENERATED IN CONJUNCTION  THEREWITH,
 PRODUCED  BY  A WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM SHALL BE FOR
 THE EXCLUSIVE USE OF THE COVERED AGENCY  OR  AUTHORITY,  OR  BY  USE  OF
 ANOTHER  COVERED AGENCY OR AUTHORITY ADJUDICATING ON BEHALF OF A COVERED
 AGENCY, FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED  PURSU-
 ANT  TO  THIS  SECTION, AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY
 PURSUANT TO THIS SECTION, AND AS  REQUIRED  BY  THE  COVERED  AGENCY  OR
 AUTHORITY  TO  STUDY THE IMPACT OF OVERWEIGHT VEHICLES ON ITS FACILITIES
 AND MANAGEMENT OF SUCH FACILITIES, AND SHALL BE DESTROYED BY THE COVERED
 AGENCY OR AUTHORITY, OR ANOTHER COVERED AGENCY OR AUTHORITY WHERE APPLI-
 CABLE, UPON THE FINAL RESOLUTION OF THE NOTICE  OF  LIABILITY  TO  WHICH
 SUCH  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
 AND INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH  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, PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR ANY OTHER RECORDED IMAGE, AND INFORMATION AND DATA GENERATED IN
 CONJUNCTION  THEREWITH,  FROM  A  WEIGH-IN-MOTION  VIOLATION  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 ADJUDI-
 CATORY 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,  AND  INFORMA-
 TION AND DATA GENERATED IN CONJUNCTION THEREWITH, FROM SUCH SYSTEMS:
   (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,  INFORMATION  AND  DATA  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 A 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
 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; AND
   (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
 S. 6383                             4
 
 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.
   (IV)  THE COVERED AGENCY OR AUTHORITY SHALL INSTALL SIGNAGE IN ADVANCE
 OF LOCATIONS WHERE WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS  ARE  IN
 OPERATION  GIVING  NOTICE  TO  APPROACHING  MOTOR VEHICLE OPERATORS THAT
 WEIGH-IN-MOTION VIOLATION MONITORING SYSTEMS ARE IN USE TO ENFORCE MOTOR
 VEHICLE WEIGHT RESTRICTIONS.
   (V) THE COVERED AGENCY OR AUTHORITY SHALL USE OVERSIGHT PROCEDURES  TO
 ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY PROTECTION MEASURES.
   2.  IF  THE COVERED AGENCY OR AUTHORITY ESTABLISHES A PROGRAM PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, THE OWNER  OF  A  VEHICLE  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,  ON THE COVERED AGENCY'S OR AUTHORITY'S FACILITIES IN VIOLATION
 OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE  RULES  AND
 REGULATIONS  OF  THE  COVERED  AGENCY  OR AUTHORITY IN RELATION TO GROSS
 VEHICLE WEIGHT AND/OR AXLE WEIGHT, WHERE SUCH VEHICLE WAS TRAVELING  TEN
 PERCENT OR MORE ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT OR MORE
 ABOVE  THE  AXLE WEIGHT AT THE TIME OF SUCH VIOLATION AS INDICATED BY AT
 LEAST TWO INDEPENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
 MEASUREMENTS OBTAINED BY A WEIGH-IN-MOTION VIOLATION MONITORING  SYSTEM,
 AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A WEIGH-IN-
 MOTION  VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A
 VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO  THIS  SECTION
 WHERE THE OPERATOR OF SUCH VEHICLE: HAS BEEN CONVICTED OF THE UNDERLYING
 VIOLATION  OF  SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE
 RULES AND REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION  TO
 GROSS  VEHICLE  WEIGHT  AND/OR  AXLE WEIGHT; OR OPERATED SUCH VEHICLE IN
 ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT ISSUED
 IN ACCORDANCE WITH THIS CHAPTER AND ANY RULES AND REGULATIONS PROMULGAT-
 ED THERETO. WHERE A VEHICLE IS IN VIOLATION OF BOTH GROSS VEHICLE WEIGHT
 RESTRICTIONS AND AXLE WEIGHT RESTRICTIONS, THE OWNER SHALL BE LIABLE FOR
 A SEPARATE PENALTY FOR EACH SUCH VIOLATION.
   3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "COVERED  AGENCY  OR AUTHORITY" SHALL MEAN: (I) THE DEPARTMENT OF
 TRANSPORTATION ESTABLISHED PURSUANT TO ARTICLE TWO OF THE TRANSPORTATION
 LAW; (II) THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY ESTABLISHED  PURSU-
 ANT TO TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW; (III)
 THE  STATE BRIDGE AUTHORITY ESTABLISHED PURSUANT TO TITLE TWO OF ARTICLE
 THREE OF THE PUBLIC AUTHORITIES LAW; (IV) THE PORT AUTHORITY OF NEW YORK
 AND NEW JERSEY ESTABLISHED PURSUANT TO CHAPTER ONE HUNDRED FIFTY-FOUR OF
 THE LAWS OF NINETEEN HUNDRED TWENTY-ONE; (V) THE NEW YORK  CITY  DEPART-
 MENT  OF  TRANSPORTATION;  AND (VI) THE NEW YORK STATE THRUWAY AUTHORITY
 ESTABLISHED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORI-
 TIES LAW;
   (B) "OWNER" SHALL HAVE THE MEANING PROVIDED  IN  SECTION  TWO  HUNDRED
 THIRTY-NINE OF THIS CHAPTER;
   (C)  "WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM" SHALL MEAN SENSORS,
 CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER,  INSTALLED
 TO  WORK  IN  CONJUNCTION  WITH  OTHER DEVICES TO CAPTURE AND RECORD THE
 GROSS VEHICLE WEIGHT AND THE AXLE  WEIGHT  OF  A  MOTOR  VEHICLE,  WHICH
 PRODUCE  AT LEAST TWO INDEPENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR
 S. 6383                             5

 AXLE WEIGHT MEASUREMENTS AND AUTOMATICALLY PRODUCE TWO  OR  MORE  PHOTO-
 GRAPHS,  TWO  OR  MORE  MICROPHOTOGRAPHS,  A VIDEOTAPE OR OTHER RECORDED
 IMAGES OF EACH VEHICLE AT THE TIME IT IS USED OR OPERATED  IN  VIOLATION
 OF  SECTION  THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND
 REGULATIONS OF THE COVERED AGENCY OR  AUTHORITY  IN  RELATION  TO  GROSS
 VEHICLE  WEIGHT AND/OR AXLE WEIGHT, IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SECTION;
   (D) "WEIGH-IN-MOTION PROGRAM" SHALL MEAN  THE  PROGRAM  AUTHORIZED  BY
 THIS  SECTION  THAT  OPERATES EXCLUSIVELY ON COVERED AGENCY OR AUTHORITY
 FACILITIES;
   (E) "COVERED AGENCY OR AUTHORITY FACILITIES" SHALL  MEAN  THOSE  SITES
 INCLUDING  BUT  NOT  LIMITED  TO  ROADWAYS, BRIDGES, AND HIGHWAYS OWNED,
 OPERATED AND MAINTAINED BY A COVERED AGENCY OR AUTHORITY; AND
   (F) "RULES AND REGULATIONS OF A COVERED  AGENCY  OR  AUTHORITY"  SHALL
 MEAN  RULES AND REGULATIONS OF AN AGENCY OR AUTHORITY DESCRIBED IN PARA-
 GRAPH A OF THIS SUBDIVISION.
   4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED  BY  A
 COVERED  AGENCY OR AUTHORITY OR ITS AGENT, OR A FACSIMILE THEREOF, BASED
 UPON INSPECTION OF PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER
 RECORDED IMAGES, AND INFORMATION AND DATA GENERATED IN CONJUNCTION THER-
 EWITH,  PRODUCED BY A WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM, SHALL
 BE  PRIMA  FACIE  EVIDENCE  OF  THE  FACTS  CONTAINED  THEREIN.  NOTHING
 CONTAINED  IN  THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE SIGNATURE
 OF A NOTARY PUBLIC ON SUCH  CERTIFICATE.  ANY  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
 SHALL INCLUDE AN IMAGE OF THE MOTOR VEHICLE ALLEGED TO BE  IN  VIOLATION
 AND  THE  INFORMATION  AND  DATA  GENERATED IN CONJUNCTION THEREWITH AND
 SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE OF  AND  AT  ANY
 PROCEEDING  TO  ADJUDICATE  THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
 THIS SECTION.
   5. AN OWNER LIABLE FOR A VIOLATION OF SECTION  THREE  HUNDRED  EIGHTY-
 FIVE  OF  THIS ARTICLE AND THE RULES AND REGULATIONS OF A COVERED AGENCY
 OR AUTHORITY PURSUANT TO A WEIGH-IN-MOTION PROGRAM ESTABLISHED  PURSUANT
 TO  THIS  SECTION  SHALL  BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE
 WITH SEPARATE SCHEDULES OF FINES AND PENALTIES TO BE  PROMULGATED  BY  A
 COVERED  AGENCY  OR  AUTHORITY  FOR A VIOLATION OF SECTION THREE HUNDRED
 EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF  A  COVERED
 AGENCY  OR  AUTHORITY  IN  RELATION  TO GROSS VEHICLE WEIGHT AND/OR AXLE
 WEIGHT. THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL  NOT
 EXCEED  THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR EACH VIOLATION OR
 AS OTHERWISE PROVIDED FOR IN SECTION THREE HUNDRED EIGHTY-FIVE  OF  THIS
 ARTICLE, WHICHEVER IS HIGHER.
   6. AN IMPOSITION OF LIABILITY UNDER THE WEIGH-IN-MOTION PROGRAM ESTAB-
 LISHED  PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION FOR AN
 OPERATOR.
   7. (A) 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 THREE
 HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS  OF  A
 COVERED  AGENCY  OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
 AXLE WEIGHT 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 AUTOMATIC RECORD OF MAILING PREPARED
 IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF  THE
 FACTS CONTAINED THEREIN.
 S. 6383                             6
 
   (B)  A  NOTICE  OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION THREE
 HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS  OF  A
 COVERED  AGENCY  OR AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
 AXLE  WEIGHT  PURSUANT  TO  THIS SECTION, THE REGISTRATION NUMBER OF THE
 VEHICLE INVOLVED IN SUCH VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR AXLE
 WEIGHT MEASURED, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE  DATE
 AND  TIME  OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE WEIGH-IN-
 MOTION VIOLATION MONITORING SYSTEM WHICH RECORDED THE VIOLATION OR OTHER
 DOCUMENT LOCATOR NUMBER, ONE OR MORE DATE AND TIME STAMPED IMAGES  IDEN-
 TIFYING  THE  MOTOR  VEHICLE AND THE INFORMATION AND DATA EVIDENCING THE
 ALLEGED VIOLATION, AND THE CERTIFICATE CHARGING THE LIABILITY.
   (C) THE NOTICE OF LIABILITY SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON  CHARGED OF THE MANNER AND THE TIME IN WHICH THEY 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 A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   (D) THE NOTICE OF LIABILITY  SHALL  BE  PREPARED  AND  MAILED  BY  THE
 COVERED  AGENCY  OR  AUTHORITY, OR BY ANY OTHER ENTITY AUTHORIZED BY THE
 COVERED AGENCY OR AUTHORITY TO PREPARE AND MAIL SUCH NOTICE  OF  LIABIL-
 ITY.
   8.  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS PURSUANT TO THIS
 SECTION SHALL BE BY THE COVERED AGENCY OR AUTHORITY,  OR  BY  ANY  OTHER
 GOVERNMENT ENTITY AUTHORIZED BY THE COVERED AGENCY OR AUTHORITY TO ADJU-
 DICATE  SUCH  LIABILITY.  IF  SUCH  ENTITY  IS THE NEW YORK CITY PARKING
 VIOLATIONS BUREAU, SUCH LIABILITY IMPOSED PURSUANT TO THIS  SECTION  MAY
 ONLY OCCUR WITHIN THE CITY OF NEW YORK.
   9. IF AN OWNER RECEIVES A 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 THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND
 THE RULES AND REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN RELATION
 TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT 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 SUFFI-
 CIENT 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
 THE COVERED AGENCY OR AUTHORITY.
   10.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE  OF
 THIS  ARTICLE  AND  THE  RULES  AND REGULATIONS OF THE COVERED AGENCY OR
 AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT  PURSU-
 ANT TO THIS SECTION, PROVIDED THAT:
   (I)  PRIOR TO THE VIOLATION, THE LESSOR HAS FILED THE RENTAL, LEASE OR
 OTHER CONTRACT DOCUMENT WITH THE NAME AND ADDRESS OF THE LESSEE WITH THE
 COVERED AGENCY OR AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF  SUBDI-
 VISION  TEN  OF  SECTION  TWENTY-NINE  HUNDRED EIGHTY-FIVE OF THE PUBLIC
 AUTHORITIES LAW OR SECTION TWO HUNDRED THIRTY-NINE OF THIS  CHAPTER,  AS
 APPLICABLE; AND
   (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE COVERED
 AGENCY OR AUTHORITY OF THE DATE AND TIME OF A LIABILITY,  TOGETHER  WITH
 S. 6383                             7
 
 THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE
 LESSOR  SUBMITS TO SUCH COVERED AGENCY OR AUTHORITY THE CORRECT NAME AND
 ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABIL-
 ITY  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 THE COVERED AGENCY OR AUTHORITY PURSU-
 ANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
 SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   (C)  WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A) 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 SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
 ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT  TO
 SUBDIVISION SEVEN OF THIS SECTION.
   11.  (A)  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED
 EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF THE COVERED
 AGENCY OR AUTHORITY IN RELATION TO  GROSS  VEHICLE  WEIGHT  AND/OR  AXLE
 WEIGHT  PURSUANT  TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT
 THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNI-
 FICATION AGAINST THE OPERATOR.
   (B) 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 THREE HUNDRED EIGHTY-FIVE OF THIS  ARTI-
 CLE  AND THE RULES AND REGULATIONS OF THE COVERED AGENCY OR AUTHORITY IN
 RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE  WEIGHT.  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 OPERATED SUCH VEHICLE IN VIOLATION OF SECTION THREE
 HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF THE
 COVERED AGENCY OR AUTHORITY IN RELATION TO GROSS VEHICLE  WEIGHT  AND/OR
 AXLE WEIGHT.
   12.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION  THREE  HUNDRED
 EIGHTY-FIVE OF THIS ARTICLE AND THE RULES AND REGULATIONS OF THE COVERED
 AGENCY  OR  AUTHORITY  IN  RELATION  TO GROSS VEHICLE WEIGHT AND/OR AXLE
 WEIGHT.
   13. IT SHALL BE A DEFENSE  TO  ANY  PROSECUTION  FOR  A  VIOLATION  OF
 SECTION  THREE  HUNDRED  EIGHTY-FIVE  OF  THIS ARTICLE AND THE RULES AND
 REGULATIONS OF THE COVERED AGENCY OR  AUTHORITY  IN  RELATION  TO  GROSS
 VEHICLE  WEIGHT  AND/OR  AXLE  WEIGHT PURSUANT TO THIS SECTION THAT SUCH
 WEIGH-IN-MOTION VIOLATION MONITORING SYSTEM WAS  MALFUNCTIONING  AT  THE
 TIME OF THE ALLEGED VIOLATION.
   § 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 OR INFORMATION AND DATA PREPARED UNDER AUTHORITY OF SECTION THREE
 HUNDRED EIGHTY-FIVE-B OF THE VEHICLE AND TRAFFIC LAW.
   § 3. A covered agency or authority shall: (i) prior to implementing  a
 weigh-in-motion  program  as  authorized by section 385-b of the vehicle
 and traffic law, as added by section one of this act, communicate to the
 public the plan for the use of vehicle weigh-in-motion  violation  moni-
 toring  systems to enforce vehicle weight restrictions so as to maximize
 S. 6383                             8
 
 awareness of such program; (ii) during the first 60-day period in  which
 weigh-in-motion  violation  monitoring systems are in operation pursuant
 to the provisions of this act send by first class mail a written warning
 in  lieu  of  a  notice of liability to all owners of motor vehicles who
 would be held liable for failure of operators  thereof  to  comply  with
 section  385-b of the vehicle and traffic law in relation to gross vehi-
 cle weight and/or axle weight, together with notice of the  weigh-in-mo-
 tion program authorized by section 385-b of the vehicle and traffic law;
 and  (iii) take such measures as are necessary to implement such program
 prior to its implementation, including promulgating any rules and  regu-
 lations necessary for the implementation of this act.
   §  4.  The  purchase or lease of equipment for a demonstration program
 pursuant to section 385-b of  the  vehicle  and  traffic  law  shall  be
 subject to the provisions of section 103 of the general municipal law.
   § 5. This act shall take effect immediately.

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