NY State Senate Bill 2025-S6414

Senate Bill S6414

2025-2026 Legislative Session

Relates to the weigh in motion demonstration program on interstate route 278 in Kings county

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2025	referred to transportation

2025-S6414 (ACTIVE) - Details

See Assembly Version of this Bill:: A7995
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §385-a, V & T L; amd §16, Chap 773 of 2021

2025-S6414 (ACTIVE) - Summary

Relates to the weigh in motion monitoring systems and the data generated in conjunction with such systems pursuant to a demonstration program on interstate route 278 in Kings county; extends the authorization for such program.

2025-S6414 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6414

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the weigh in
motion demonstration program on interstate route 278 in Kings county;
and to amend  chapter  773 of the laws of 2021, amending the vehicle and
traffic law and the public officers law relating to establishing a
demonstration program on  interstate route  278  in  Kings  county  to
enforce vehicle weight restriction on such  interstate  by  means  of
mobile  or stationary weigh in motion systems, in relation to extending
the provisions thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend and update the Brooklyn-Queens Expressway weigh in motion
violation monitoring system pilot program

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivision (a) of Section 385-a of the

Vehicle and Traffic Law (VTL) to reflect a number of necessary updates
to the New York City Department of Transportation (NYC DOT)'s weigh in
motion (WIM) program on the Brooklyn-Queens Expressway (BQE):

Paragraph 1 of subdivision (a) of VTL § 385-a is amended to require DOT
to enter into a memorandum of "agreement" rather than a memorandum of
understanding with New York State DOT to operate up to 16 WIM violation
monitoring systems on the BQE.

Paragraphs 2 and 3 of subdivision (a) are amended to require NYC DOT to
conduct a calibration check on the WIM sensors on an annual basis rather
than every six months, in line with other automated enforcement programs
operated by DOT.

Paragraph 4 of subdivision (a) is amended to allow DOT to promulgate
regulations for the monitoring of the WIM systems and detail how DOT
should respond to system alerts that indicate a potential malfunction of
a WIM sensor. The current language in this paragraph only requires DOT
to monitor and take action to correct a WIM sensor when it receives an
alert, despite the fact that DOT continually evaluates the systems using
data analysis of many different variables. The current language also
requires DOT to create a range for evaluating WIM data according to the
WIM system manufacturer, despite the fact that the manufacturer does not
necessarily provide such range or standards for monitoring.

Subparagraph (iii) of paragraph 6 of subdivision (a) is amended to allow
NYC DOT to upload pictures of license plates into a shared database
which other entities such as the MTA, New York State Thruway Authority,
NYPD, and New York City Sheriff's Office use to try to decode scrambled,
distorted, or obstructed plates. This amendment will allow DOT to
participate`'in a photo exchange with other entities to compare and
identify vehicles when an operator attempts to evade automated enforce-
ment by obstructing a plate.

Subparagraph (iv) of paragraph 6 of subdivision (a) is amended to
require DOT to install signs that a WIM system is in place in advance of
the location where the sensor will be placed rather than at specific BQE
entryways.  Subdivision (b) of § 385-a of VTL is amended to clarify that
the WIMs are put in place to capture violations of 10% or more above the
legal gross vehicle weight limit or 20% or more above the legal axle
weight limit rather than for violations of exactly 10% or 20% respec-
tively.

Subdivision (b) is further amended to strike the prohibition on DOT
issuing notices of violations (NOLs) for vehicles convicted of an under-
lying violation of § 385 of VTL or where a vehicle is operating with an
overweight permit. These conditions are instead added as an affirmative
defense against prosecution under subdivision (n) later in this section
of VTL. Section 385 is the section of VTL that provides fines of up to
$4,700 for overweight trucks but is enforced via in-person ticketing by
a police officer or state trooper rather than an automated WIM system.

Subdivision (c ) is amended to remove the definition of "manual on
uniform traffic control devices" as this phrase is not used anywhere
else in the section.

Paragraph 1 of subdivision (g) is amended to allow DOT to issue an NOL
in 45 days rather than 14 in the case of an in-state vehicle owner whose
license plate is obstructed, concealed, or distorted.

Paragraph 2 of subdivision (g) deletes a requirement for the NOL to
contain the vehicle's US DOT number, which not every vehicle has and
which also doesn't correspond to specific vehicles.

Paragraph 3 of subdivision (m) clarifies an existing reporting require-
ment that was meant to have DOT report on violations for trucks by cate-
gory of 10% above the vehicle weight limit vs. 20% above the axle weight
limit.

Paragraph 10 of subdivision (m) deletes a requirement for NYC DOT to
report on total capital spent on the repair or reconstruction of the BQE
in the vicinity of Atlantic Avenue to Sands Street, as the BQE is
already defined to mean such vicinity in paragraph 5 of subdivision (c )
of this section, and DOT is already required to report on capital BQE
expenditures in this paragraph.

Section two of this bill extends the BQE WIM another five years, to
December 1st, 2030.

Section three of this bill sets the effective date.

 
JUSTIFICATION:

This bill makes necessary updates to Section 385-a of the Vehicle and
Traffic Law, which authorized a weigh in motion (WIM) violation monitor-
ing system for the Brooklyn-Queens Expressway (BQE) in New York City, to
reflect the modern application of this program and remove conflicting
and outdated language in the original statute.  Additionally, this bill
empowers NYC DOT to coordinate with other entities to capture license
plates that have been obstructed, concealed, or distorted in order to
evade automated enforcement.

Overweight trucks, especially those with severely overloaded axles, can
cause serious wear-and-tear on aging infrastructure, hastening the need
for expensive repairs and rehabilitation. When BQE Central was first
constructed in the 1940s, truck weight limits were approximately 11
percent lighter than current legal loads. Earlier NYPD weight enforce-
ment along the BQE had found that some out-of-compliance trucks were
exceeding the 40-ton (80,000 lbs) maximum weight limit by 100% or more.

In place since November 2023, the BQE WIM program has led to a stunning
64% reduction in overweight vehicles along the triple cantilever section
of the highway between Atlantic Avenue and Sands Street where it is in
effect. Prior to the launch of the WIM pilot, a monthly average of 7,777
overweight trucks traveled the triple cantilever section of the express-
way. During the first seven months of automated enforcement, this aver-
age dropped to 2,769. The share of overweight trucks has declined from
6.3% of all trucks on the roadway to a mere 1.9% since the launch of the
WIM violation monitoring system.

This bill will extend this successful pilot another five years while
improving its enacting statute to reflect modern technology and the way
that the City administers and adjudicates this program in practice.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2025-S6414 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6414
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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, in relation to the weigh in
   motion  demonstration program on interstate route 278 in Kings county;
   and to amend  chapter  773 of the laws of 2021, amending  the  vehicle
   and traffic law and the public officers law relating to establishing a
   demonstration program on  interstate route  278  in  Kings  county  to
   enforce  vehicle weight restriction on such  interstate  by  means  of
   mobile  or stationary weigh in motion systems, in relation to  extend-
   ing the provisions thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 385-a of the vehicle and traffic law, as  added  by
 chapter  773  of  the  laws  of  2021, paragraph 3 of subdivision (a) as
 amended by chapter 253 of the laws  of  2023,  is  amended  to  read  as
 follows:
   § 385-a. Owner liability for failure of operator to comply with weight
 restrictions  on  interstate  route 278 in Kings county. (a) 1. Notwith-
 standing any other provision of law, the city  of  New  York  is  hereby
 authorized  to  establish  a  weigh  in  motion demonstration program on
 interstate route 278 in Kings county 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 portion  of
 such  interstate in accordance with the provisions of this section. Such
 demonstration program shall empower the city of New York to install  and
 operate  up  to  sixteen weigh in motion violation monitoring systems at
 any one time on interstate route 278 in Kings county. Such  systems  may
 be  stationary  or  mobile  and  may  be  activated at locations on such
 portion of such interstate as determined by the New York city department
 of transportation. The New York state department of  transportation  may
 enter  into  a memorandum of [understanding] AGREEMENT with the New York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10759-03-5

 S. 6414                             2
 
 city department of transportation for the purposes of  coordinating  the
 planning,  design,  installation,  construction  and maintenance of such
 weigh in motion demonstration program. Such  memorandum  shall  address,
 for  purposes of such demonstration program, the use of systems, devices
 and other facilities owned and operated by the state.
   2. 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 a [semi-annual]
 calibration check performed pursuant to paragraph three 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
 city  of New York 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,  microphoto-
 graphs,  video  or  other  recorded  images, and IDENTIFYING information
 [and] OR data generated  in  conjunction  therewith,  produced  by  such
 system.
   3.  Each  weigh  in motion violation monitoring system shall undergo a
 calibration check every [six] TWELVE months in accordance with  specifi-
 cations prescribed pursuant to a memorandum of agreement between the New
 York city department of transportation and the New York state department
 of  agriculture  and markets, or in accordance with an applicable refer-
 ence standard as determined by the New York city department of transpor-
 tation. Such calibration check shall  be  performed  by  an  independent
 calibration  laboratory  which shall issue a signed certificate of cali-
 bration on its letterhead to the city of New York.  Nothing contained in
 this paragraph shall be deemed to require  the  signature  of  a  notary
 public  on such certificate. The city shall retain each such [bi-annual]
 ANNUAL certificate of calibration on file until the final resolution  of
 all  cases involving notices of liability issued during such [six-month]
 TWELVE-MONTH time period which were based  on  photographs,  microphoto-
 graphs,  video  or  other  recorded  images, and IDENTIFYING information
 [and] OR data generated in conjunction therewith, produced by such weigh
 in motion violation monitoring system.
   4. The New York city department of transportation shall  [establish  a
 range,  according  to the manufacturer's standards and its monitoring of
 the system, for evaluating] MONITOR EACH WEIGH IN MOTION VIOLATION MONI-
 TORING SYSTEM AND EVALUATE information and data  collected  from  sensor
 readings  of  each  [weigh  in motion violation monitoring] SUCH system.
 [Each such system shall be set to automatically alert such department of
 significant variations from the established range during a  twenty-four-
 hour period. After such an alert, such system shall be inspected and any
 necessary  adjustments shall be made.] Such department shall [keep a log
 of the details of all alerts, including the date and time of such alert,
 the amount of variation from the established range in  such  alert,  the
 adjustments  made  or  actions  taken  as  a  result  of  the subsequent
 inspection, and the date and time of  such  inspection,  adjustments  or
 actions.]  PROMULGATE RULES FOR MONITORING COLLECTED DATA AND RESPONDING
 TO SYSTEM ALERTS THAT INDICATE A POTENTIAL MALFUNCTION OF THE SYSTEM  OR
 ANY  COMPONENT OF SUCH SYSTEM, AND ESTABLISH A PROTOCOL FOR SUCH DEPART-
 MENT TO RESPOND TO SUCH ALERTS, INCLUDING A CALIBRATION CHECK  DESCRIBED
 IN PARAGRAPH THREE OF THIS SUBDIVISION.
   5.  Weigh  in  motion  violation monitoring systems used in accordance
 with the weigh in motion demonstration program  authorized  pursuant  to
 S. 6414                             3
 
 this section shall be operated only on interstate route 278 within Kings
 county.
   6.  (i)  No  photograph,  microphotograph, videotape or other recorded
 image, nor any  IDENTIFYING  information  [and]  OR  data  generated  in
 conjunction therewith, shall be used for any purpose other than as spec-
 ified in this section, except as may be otherwise provided by this para-
 graph.
   (ii)  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 weigh in
 motion violation monitoring systems shall not include images that  iden-
 tify  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, microphoto-
 graph,  videotape, or other recorded image allows for the identification
 of the driver, the passengers, or the contents  of  vehicles  where  the
 city shows that it made reasonable efforts to comply with the provisions
 of this paragraph in such case.
   (iii)  Photographs, microphotographs, videotape, or any other recorded
 image, and any  IDENTIFYING  information  [and]  OR  data  generated  in
 conjunction  therewith, produced by a weigh in motion violation monitor-
 ing system shall be for the exclusive use of the city 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
 as required by the New York city department of transportation  to  study
 the impact of overweight vehicles on interstate route 278 in Kings coun-
 ty  and management of such infrastructure, AND AS NEEDED BY ANY FEDERAL,
 STATE, AND LOCAL GOVERNMENTAL ENTITIES FOR THE PURPOSES  OF  ENFORCEMENT
 AGAINST  LICENSE  PLATE  OBSTRUCTION,  CONCEALMENT,  AND DISTORTION, AND
 AGAINST OVERWEIGHT VEHICLES, and shall be destroyed by the city upon the
 final resolution of the notice of liability to which  such  photographs,
 microphotographs,  videotape  or  other recorded images, and IDENTIFYING
 information [and] OR 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,
 videotape or any other recorded image, and IDENTIFYING information [and]
 OR 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 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, and IDENTIFYING information [and] OR 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] OR 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
 S. 6414                             4
 
 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
 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  city  of  New York shall install signs in advance of [entry
 points to interstate route 278 in Kings county] LOCATIONS WHERE WEIGH IN
 MOTION VIOLATION MONITORING SYSTEMS ARE IN OPERATION  giving  notice  to
 approaching motor vehicle operators that weigh in motion violation moni-
 toring systems are in use to enforce motor vehicle weight restrictions.
   (v)  The  city  of  New  York shall use oversight procedures to ensure
 compliance with the aforementioned privacy protection measures.
   (b) If the city of New York establishes a demonstration program pursu-
 ant to subdivision (a) 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 interstate route 278 in Kings county in violation of section
 three  hundred  eighty-five of this article and the rules of the depart-
 ment of transportation of the city of New  York  in  relation  to  gross
 vehicle  weight and/or axle weight, where such vehicle was traveling ten
 percent OR MORE above the gross vehicle weight LIMIT or  twenty  percent
 OR  MORE  above  the  axle weight LIMIT 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 of the department  of  transportation
 of  the city of New York in relation to gross vehicle weight and/or axle
 weight; or operated such vehicle in accordance with the terms and condi-
 tions of any overweight permit issued in accordance  with  this  chapter
 and  any  rules and regulations promulgated thereto]. Where a vehicle is
 in violation of both gross vehicle weight restrictions and  axle  weight
 S. 6414                             5
 
 restrictions,  the owner shall be liable for a separate penalty for each
 such violation.
   (c)  For  purposes of this section, the following terms shall have the
 following meanings:
   1. ["manual on uniform traffic control devices" or "MUTCD" shall  mean
 the  manual  and  specifications for a uniform system of traffic control
 devices maintained by the commissioner  of  transportation  pursuant  to
 section sixteen hundred eighty of this chapter;
   2.]  "owner"  shall have the meaning provided in article two-B of this
 chapter;
   [3.] 2. "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  axle  weight  measurements and automatically produce 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  section  three  hundred eighty-five of this article and the rules of
 the department of transportation of the city of New York in relation  to
 gross  vehicle  weight  and/or  axle  weight,  in  accordance  with  the
 provisions of this section; and
   [4.] 3. "weigh in motion demonstration program" shall mean the  demon-
 stration program authorized by this section that operates exclusively on
 interstate route 278 in Kings county.
   [5.] 4. "interstate route 278 in Kings county" shall mean that portion
 of  interstate  route  278  specifically  from  the vicinity of Atlantic
 avenue to the vicinity of Sands street in Kings  county,  state  of  New
 York.
   [6.  "Rules] 5. "RULES of the department of transportation of the city
 of New York" shall mean rules and  regulations  of  the  New  York  city
 department of transportation adopted pursuant to section sixteen hundred
 forty-two of this chapter.
   (d)  A  certificate,  sworn to or affirmed by a technician employed by
 the city of New York, or a facsimile thereof, based upon  inspection  of
 photographs, microphotographs, videotape or other recorded images, [and]
 OR  information  [and]  OR  data  generated  in  conjunction  therewith,
 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, microphotographs, videotape
 or other recorded images evidencing such a violation  shall  include  an
 image  of  the motor vehicle alleged to be in violation and the informa-
 tion [and] OR 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.
   (e) An owner liable for a violation of section three  hundred  eighty-
 five  of  this article and the rules of the department of transportation
 of the city of New York pursuant to  a  weigh  in  motion  demonstration
 program  established  pursuant to this section shall be liable for mone-
 tary penalties in accordance with separate schedules of fines and penal-
 ties to be promulgated by the parking violations bureau of the  city  of
 New  York  for  a violation of section three hundred eighty-five of this
 article and the rules of the department of transportation of the city of
 New York in relation to gross vehicle weight  and/or  axle  weight.  The
 liability  of  the  owner  pursuant to this section shall not exceed one
 S. 6414                             6
 
 thousand dollars for each violation; provided, however, that such  park-
 ing  violations  bureau  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.
   (f) An imposition of liability under the weigh in motion demonstration
 program  established  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.
   (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 three
 hundred eighty-five of this article and the rules of the  department  of
 transportation  of  the  city  of  New York 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,  UNLESS  THE
 VEHICLE'S  LICENSE PLATE IS OBSTRUCTED, CONCEALED, OR DISTORTED IN WHICH
 CASE A NOTICE OF LIABILITY SHALL  BE  SENT  WITHIN  FORTY-FIVE  BUSINESS
 DAYS.  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 section three
 hundred eighty-five of this article and the rules of the  department  of
 transportation  of  the  city  of  New York in relation to gross vehicle
 weight and/or axle weight pursuant to this section, [the  United  States
 department  of  transportation  number  of  the vehicle involved in such
 violation,] 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 identifying  the  motor
 vehicle  and  the information and data evidencing the alleged violation,
 and the certificate charging the liability.
   3. 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.
   4. The notice of liability shall be prepared and mailed by the city of
 New York, or by any other entity authorized by the city to  prepare  and
 mail such notice of liability.
   (h)  Adjudication of the liability imposed upon owners of this section
 shall be by the New York city parking violations bureau.
   (i) 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 of the department of transportation of the city of
 New York 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
 S. 6414                             7
 
 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 the New York city parking violations bureau.
   (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 of section three hundred eighty-five of
 this article and the rules of the department of  transportation  of  the
 city  of New York in relation to gross vehicle weight and/or axle weight
 pursuant to this section, provided that:
   (i) prior to the violation, the lessor has  filed  with  such  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  bureau
 of the date and time of a liability, together with the other information
 contained  in  the  original  notice of liability, the lessor submits to
 such 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
 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
 this section.
   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 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 (g) of this section.
   (k)  1.  If  the owner liable for a violation of section three hundred
 eighty-five of this article and the rules of the department of transpor-
 tation of the city of New York  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 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 three hundred eighty-five of this  arti-
 cle and the rules of the department of transportation of the city of New
 York  in  relation  to  gross  vehicle  weight  and/or  axle weight. For
 purposes of this subdivision there shall be a presumption that the oper-
 ator 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  of  the
 department  of  transportation  of  the  city of New York in relation to
 gross vehicle weight and/or axle weight.
   (l) 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 of the department of transpor-
 tation of the city of New York  in  relation  to  gross  vehicle  weight
 and/or axle weight.
 S. 6414                             8

   (m) If the city adopts a demonstration program pursuant to subdivision
 (a) of this section it shall conduct a study and submit an annual report
 on  the  results  of  the  use  of  weigh in motion violation monitoring
 systems to the governor, the temporary president of the senate  and  the
 speaker of the assembly on or before June first, two thousand twenty-two
 and  on the same date in each succeeding year in which the demonstration
 program is operable. Such city shall also post such annual report on the
 New York city department of transportation website.  Such  report  shall
 include:
   1.  the locations where and dates when weigh in motion violation moni-
 toring systems were used;
   2. the total  number  of  trucks  weighed  and  the  total  number  of
 violations  recorded  by weigh in motion violation monitoring systems in
 accordance with this section in the aggregate on a  daily,  weekly,  and
 monthly basis;
   3.  the  total  number  of  violations  recorded  by  weigh  in motion
 violation monitoring systems DISAGGREGATED BY THE NUMBER  OF  VIOLATIONS
 that  were  [either]  ten percent OR MORE above the gross vehicle weight
 [or] LIMIT, THE NUMBER OF VIOLATIONS THAT WERE twenty  percent  OR  MORE
 above  the axle weight LIMIT, AND THE NUMBER OF RECORDED VIOLATIONS THAT
 VIOLATED BOTH SUCH LIMITS;
   4. the total number of notices  of  liability  issued  for  violations
 recorded by such weigh in motion systems;
   5.  the number of fines and total amount of fines paid after the first
 notice of liability issued for violations recorded by  weigh  in  motion
 systems;
   6.  the number of violations adjudicated and the results of such adju-
 dications including  breakdowns  of  dispositions  made  for  violations
 recorded by weigh in motion systems;
   7.  the  total  amount  of revenue realized by the city of New York in
 connection with the program;
   8. the expenses incurred by the city of New York  in  connection  with
 the program;
   9. the quality of the adjudication process and its results; and
   10.  the  total  capital  amount  spent on repair or reconstruction of
 interstate route 278 in Kings county [and the total capital amount spent
 on repair or reconstruction of interstate route  278  specifically  from
 the vicinity of Atlantic avenue to the vicinity of Sands street in Kings
 county].
   (n)  It  shall  be [a] AN AFFIRMATIVE defense to any prosecution for a
 violation of section three hundred eighty-five of this article  and  the
 rules  of  the  department  of transportation of the city of New York 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; OR WHERE THE OPERA-
 TOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE  UNDERLYING  VIOLATION  OF
 SECTION  THREE  HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE
 DEPARTMENT OF TRANSPORTATION OF THE CITY OF  NEW  YORK  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.
   § 2. The opening paragraph of section 16 of chapter 773 of the laws of
 2021, amending the vehicle and traffic law and the public  officers  law
 relating to establishing a demonstration program on interstate route 278
 in Kings county to enforce vehicle weight restriction on such interstate
 S. 6414                             9
 
 by  means of mobile or stationary weigh in motion systems, is amended to
 read as follows:
   This  act  shall  take  effect  immediately;  provided,  however, that
 sections twelve, thirteen, fourteen and  fifteen  shall  expire  and  be
 deemed  repealed  December  1,  [2025]  2030  when  upon  such  date the
 provisions   of such sections shall be  deemed  repealed;  and  provided
 further,  that  notwithstanding  the  expiration  and repeal of sections
 twelve, thirteen, fourteen and fifteen  of  this  act,  any  notices  of
 liability issued pursuant to the demonstration program authorized pursu-
 ant to section 385-a of the vehicle and traffic law, as added by section
 twelve  of  this  act,  prior  to the expiration date of this act may be
 adjudicated after such expiration date; and provided further, that:
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments  to section 385-a of the vehicle and traffic law made by
 section one of this act shall not affect the repeal of such section  and
 shall be deemed repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.