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.