S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8206
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
   liability  for  failure  of  operator  to move over when approaching a
   police, fire, or emergency vehicle

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1144-b to read as follows:
   § 1144-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO  MOVE  OVER  WHEN
 APPROACHING  A  PARKED,  STOPPED  OR STANDING AUTHORIZED POLICE, FIRE OR
 EMERGENCY VEHICLE. (A) 1.  NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,
 THE SUPERINTENDENT OF THE STATE POLICE IS HEREBY AUTHORIZED TO ESTABLISH
 A  DEMONSTRATION  PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A
 VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO  COMPLY  WITH  SUBDIVISION
 (A)  OF  SECTION  ELEVEN  HUNDRED  FORTY-FOUR-A  OF  THIS  ARTICLE  WHEN
 APPROACHING A STATE POLICE VEHICLE EQUIPPED  WITH  A  MOVE  OVER  SAFETY
 MONITORING SYSTEM AND OPERATED IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.  SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE SUPERINTENDENT OF
 THE STATE POLICE TO INSTALL AND OPERATE A MOVE OVER MONITORING SYSTEM ON
 ANY STATE POLICE VEHICLE AUTHORIZED BY THE SUPERINTENDENT.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A COUNTY, CITY, TOWN OR
 VILLAGE IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOS-
 ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
 ATOR THEREOF TO COMPLY WITH SUBDIVISION (A) OF  SECTION  ELEVEN  HUNDRED
 FORTY-FOUR-A  OF THIS ARTICLE WHEN APPROACHING ANY POLICE, FIRE OR EMER-
 GENCY VEHICLE EQUIPPED WITH A MOVE OVER  SAFETY  MONITORING  SYSTEM  AND
 OPERATED  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
 STRATION PROGRAM SHALL EMPOWER SUCH COUNTY, CITY,  TOWN  OR  VILLAGE  TO
 INSTALL  AND  OPERATE A MOVE OVER SAFETY MONITORING SYSTEM ON ANY POLICE
 VEHICLE, FIRE VEHICLE OR EMERGENCY AMBULANCE SERVICE VEHICLE, AS DEFINED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13044-01-9

 A. 8206                             2
 
 IN THIS CHAPTER THAT HAS BEEN AUTHORIZED BY THE COUNTY,  CITY,  TOWN  OR
 VILLAGE.
   3.  EACH  MOVE  OVER  SAFETY MONITORING SYSTEM SHALL UNDERGO AN ANNUAL
 CALIBRATION CHECK PERFORMED BY  AN  INDEPENDENT  CALIBRATION  LABORATORY
 WHICH  SHALL  ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE SUPERINTEN-
 DENT OF THE STATE POLICE OR AUTHORIZING  MUNICIPALITY  SHALL  KEEP  SUCH
 ANNUAL  CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF
 ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING SUCH YEAR  WHICH
 WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
 IMAGES PRODUCED BY SUCH MOVE OVER MONITORING SYSTEM.
   4. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
 TO  ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY  SUCH  MOVE  OVER
 SAFETY  MONITORING  SYSTEM  SHALL  NOT  INCLUDE IMAGES THAT IDENTIFY THE
 DRIVER, PASSENGER, OR THE OTHER CONTENTS  OF  THE  VEHICLE.    PROVIDED,
 HOWEVER,  THAT  NO  NOTICE  OF LIABILITY ISSUED PURSUANT TO THIS SECTION
 SHALL BE DISMISSED  SOLELY  BECAUSE  SUCH  PHOTOGRAPH,  MICROPHOTOGRAPH,
 VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR IDENTIFICATION OF THE DRIV-
 ER,  THE PASSENGER, OR THE CONTENTS OF THE VEHICLE WHERE THE SUPERINTEN-
 DENT OF THE STATE POLICE  OR  THE  AUTHORIZED  MUNICIPALITY  SHOWS  THAT
 REASONABLE EFFORTS WERE MADE TO COMPLY WITH THE PROVISIONS OF THIS PARA-
 GRAPH IN SUCH CASE.
   (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
 FROM A MOVE OVER MONITORING SYSTEM SHALL BE FOR THE EXCLUSIVE USE OF THE
 SUPERINTENDENT  OF  THE  STATE POLICE OR AUTHORIZED MUNICIPALITY FOR THE
 PURPOSE OF THE  ADJUDICATION  OF  LIABILITY  IMPOSED  PURSUANT  TO  THIS
 SECTION  AND  OF  THE  OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO
 THIS SECTION, AND SHALL BE DESTROYED BY THE SUPERINTENDENT OF THE  STATE
 POLICE OR AUTHORIZED MUNICIPALITY UPON FINAL RESOLUTION OF THE NOTICE OF
 LIABILITY  TO  WHICH  SUCH  PHOTOGRAPHS,  MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE
 OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER.    NOTWITHSTANDING  THE
 PROVISIONS  OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTO-
 GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE  FROM  A
 MOVE  OVER MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC NOR SUBJECT
 TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR  USED  BY  ANY  COURT  OR
 ADMINISTRATIVE  OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
 EXCEPT THAT WHICH IS NECESSARY FOR  THE  ADJUDICATION  OF  A  NOTICE  OF
 LIABILITY  ISSUED  PURSUANT  TO  THIS  SECTION,  AND NO PUBLIC ENTITY OR
 EMPLOYEE, OFFICER OR AGENT  THEREOF  SHALL  DISCLOSE  SUCH  INFORMATION,
 EXCEPT  THAT  SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
 RECORDED IMAGES FROM SUCH SYSTEM:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
 AUTHORIZED  TO  ISSUE  SUCH SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
 SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
 INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
 MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
 STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
 MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE

 A. 8206                             3
 
 COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
 AGAINST THE LAWS OF THIS STATE;
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
 FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
 LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
 ACTION OR PROCEEDING.
   (B)  IF  THE  SUPERINTENDENT OF THE STATE POLICE OR AUTHORIZED MUNICI-
 PALITY ESTABLISHES A DEMONSTRATION PROGRAM PURSUANT TO  SUBDIVISION  (A)
 OF  THIS  SECTION,  THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY
 IMPOSED PURSUANT TO SUBDIVISION (E) OF THIS SECTION IF SUCH VEHICLE  WAS
 USED  OR  OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED,
 IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN  HUNDRED  FORTY-FOUR-A
 OF  THIS  ARTICLE OR SUCH VEHICLE WAS UNABLE TO MOVE OVER AS REQUIRED BY
 SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE AND TRAVELING  AT  A
 SPEED OF MORE THAN FIVE MILES PER HOUR ABOVE THE POSTED SPEED LIMIT WHEN
 PASSING  AN AUTHORIZED STATE POLICE, POLICE, FIRE OR EMERGENCY AMBULANCE
 SERVICE VEHICLE AND SUCH VIOLATION IS EVIDENCED BY INFORMATION  OBTAINED
 FROM  A MOVE OVER MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A
 VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED  PURSUANT  TO  SUBDIVISION
 (E)  OF  THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE HAS BEEN
 CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D), (F),
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS TITLE.
   (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "MOVE OVER SAFETY MONITORING SYSTEM" SHALL MEAN A RECORDING DEVICE
 PLACED ON ANY AUTHORIZED VEHICLE, PURSUANT TO PARAGRAPHS ONE AND TWO  OF
 SUBDIVISION  (A) OF THIS SECTION, THAT IS DESIGNED TO CAPTURE A RECORDED
 VIDEO OR IMAGES OF A MOTOR VEHICLE COMMITTING A VIOLATION, UNDER  SUBDI-
 VISION (A) OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE, USING
 (I)  VIDEO  OR ANOTHER VISUAL RECORDING; (II) CERTIFIED RADAR, LIDAR, OR
 ANOTHER SPEED MEASURING DEVICE; OR (III) A COMPUTER OR RECORDING SYSTEM.
   2. "OWNER" SHALL HAVE THE MEANING AS DEFINED IN ARTICLE TWO-B OF  THIS
 CHAPTER.
   3.  "RECORDED  IMAGE" SHALL MEAN IMAGES RECORDED BY A MOVE OVER SAFETY
 MONITORING SYSTEM ON (I) ONE OR  MORE  PHOTOGRAPHS;  (II)  ONE  OR  MORE
 MICROPHOTOGRAPHS;  (III)  ONE  OR MORE ELECTRONIC IMAGES; (IV) VIDEO; OR
 (V) ANY OTHER MEDIUM; AND SUCH RECORDED IMAGES SHOW A MOTOR VEHICLE AND,
 ON AT LEAST ONE IMAGE OR PORTION OF TAPE, CLEARLY IDENTIFY THE REGISTRA-
 TION PLATE NUMBER OF THE MOTOR VEHICLE.
   4. "AUTHORIZED MUNICIPALITY"  SHALL  MEAN  A  COUNTY,  CITY,  TOWN  OR
 VILLAGE  WHICH  HAS  ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO THE
 PROVISIONS OF PARAGRAPHS ONE AND TWO OF SUBDIVISION (A) OF THIS SECTION.

 A. 8206                             4
 
   5. "AUTHORIZED VEHICLE" SHALL MEAN ANY STATE POLICE VEHICLE AUTHORIZED
 BY THE SUPERINTENDENT TO OPERATE A MOVE OVER MONITORING  SYSTEM  OR  ANY
 POLICE,  FIRE  OR  EMERGENCY  AMBULANCE  VEHICLE AUTHORIZED BY A COUNTY,
 CITY, TOWN OR VILLAGE TO OPERATE A MOVE OVER MONITORING SYSTEM.
   (D) 1. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE  DIVISION  OF STATE POLICE OR THE LOCAL LAW ENFORCEMENT AGENCY OF AN
 AUTHORIZED MUNICIPALITY, OR A FACSIMILE THEREOF, BASED  UPON  INSPECTION
 OF  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPES OR OTHER RECORDED IMAGES
 PRODUCED BY A MOVE OVER MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
 OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
 OTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH VIOLATION SHALL INCLUDE:
   (I) AN IMAGE OF AT LEAST  ONE  OF  THE  MOTOR  VEHICLE'S  REGISTRATION
 PLATES;
   (II) IMAGES CONTAINING THE STAMPED DATE AND TIME AND LOCATION AT WHICH
 THE VIOLATION OCCURRED; AND
   (III) THE SPEED AT WHICH THE VEHICLE WAS TRAVELING AND THE DISTANCE OF
 THE VEHICLE FROM THE AUTHORIZED VEHICLE.
   2.  SUCH  RECORDED IMAGES SHALL BE AVAILABLE FOR INSPECTION REASONABLY
 IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (E) AN OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN  HUNDRED  FORTY-
 FOUR-A  OF  THIS ARTICLE PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED
 PURSUANT TO THIS SECTION SHALL  BE  LIABLE  FOR  MONETARY  PENALTIES  IN
 ACCORDANCE  WITH  A  SCHEDULE  OF FINES AND PENALTIES TO BE SET FORTH IN
 SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF A  CITY  BY  LOCAL  LAW  HAS
 AUTHORIZED  THE  ADJUDICATION  OF  SUCH  OWNER  LIABILITY  BY  A PARKING
 VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED  BY  SUCH  BUREAU.
 THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL BE ONE HUNDRED
 FIFTY  DOLLARS FOR EACH VIOLATION; PROVIDED HOWEVER, THAT SUCH LOCAL LAW
 OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF
 TWENTY-FIVE  DOLLARS  FOR  EACH  VIOLATION FOR THE FAILURE TO RESPOND TO
 NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   (F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM  ESTAB-
 LISHED  PURSUANT  TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
 OPERATOR AND SHALL NOT BE MADE PART  OF  THE  OPERATING  RECORD  OF  THE
 PERSON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
 PURPOSES IN THE PROVISION OF MOTOR VEHICLE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SECTION ELEV-
 EN HUNDRED FORTY-FOUR-A OF THIS ARTICLE PURSUANT TO THIS SECTION, WITHIN
 FOURTEEN  BUSINESS  DAYS  IF  SUCH OWNER IS A RESIDENT OF THIS STATE AND
 WITHIN FORTY-FIVE  BUSINESS  DAYS  IF  SUCH  OWNER  IS  A  NON-RESIDENT.
 PERSONAL  DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTO-
 MATIC RECORD OF MAILING PREPARED IN  THE  ORDINARY  COURSE  OF  BUSINESS
 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR VIOLATION OF SECTION  ELEVEN
 HUNDRED  FORTY-FOUR-A  OF  THIS  ARTICLE  PURSUANT  TO THIS SECTION, THE
 REGISTRATION NUMBER OF THE  VEHICLE  INVOLVED  IN  SUCH  VIOLATION,  THE
 LOCATION  WHERE  SUCH  VIOLATION  TOOK  PLACE, THE DATE AND TIME OF SUCH
 VIOLATION, THE IDENTIFICATION NUMBER OF THE CAMERA  WHICH  RECORDED  THE
 VIOLATION  OR  OTHER  DOCUMENT  LOCATOR  NUMBER,  IMAGES  CONTAINING THE
 STAMPED DATE AND TIME AND LOCATION AT WHICH THE VIOLATION OCCURRED,  AND
 THE  SPEED  AT  WHICH  THE VEHICLE WAS TRAVELING AND THE DISTANCE OF THE
 VEHICLE FROM THE AUTHORIZED VEHICLE.

 A. 8206                             5
 
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
 CONTEST  IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
 LIABILITY AND THAT DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY  THE  DIVI-
 SION  OF  THE  STATE  POLICE OR AUTHORIZED MUNICIPALITY, OR BY ANY OTHER
 ENTITY AUTHORIZED BY THE SUPERINTENDENT OF STATE  POLICE  OR  AUTHORIZED
 MUNICIPALITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
 THREE  HUNDRED  SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
 OCCURRED OR, IF THERE BE NONE, BY THE  COURT  HAVING  JURISDICTION  OVER
 TRAFFIC  INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A CITY
 HAS  ESTABLISHED  AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND  DETERMINE
 COMPLAINTS  OF  TRAFFIC  INFRACTIONS  CONSTITUTING PARKING, STANDING, OR
 STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH  ADJUDI-
 CATION BY SUCH TRIBUNAL.
   (I)  IF AN OWNER RECEIVES NOTICE OF LIABILITY PURSUANT TO THIS SECTION
 FOR ANY TIME PERIOD DURING WHICH THE VEHICLE  OR  THE  NUMBER  PLATE  OR
 PLATES  OF  SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING
 BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION  OF  LIABILITY
 FOR  A  VIOLATION OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE
 PURSUANT TO THIS SECTION THAT THE VEHICLE OR THE NUMBER PLATE OR  PLATES
 OF  SUCH  VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE
 TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR
 PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL
 BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON  THE  STOLEN
 VEHICLE OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS
 MAIL  TO TRAFFIC VIOLATIONS BUREAU, THE COURT HAVING JURISDICTION OR THE
 PARKING VIOLATIONS BUREAU OR TO ANY ENTITY AUTHORIZED BY THE SUPERINTEN-
 DENT OF STATE POLICE OR AUTHORIZED MUNICIPALITY TO PREPARE AND MAIL SUCH
 NOTICE OF LIABILITY.
   (J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT  BE  LIABLE  FOR  THE  VIOLATION  UNDER   SECTION   ELEVEN   HUNDRED
 FORTY-FOUR-A OF THIS ARTICLE PURSUANT TO THIS SECTION, PROVIDED THAT:
   (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH TRAFFIC
 VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR THE  PARKING  VIOLATIONS
 BUREAU  IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-
 NINE OF THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM  SUCH  DIVI-
 SION OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFOR-
 MATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
 TO  SUCH  TRAFFIC  VIOLATIONS  BUREAU,  COURT HAVING JURISDICTION OR THE
 PARKING VIOLATIONS BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE  OF
 THE  VEHICLE  IDENTIFIED  IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH
 VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED  IN
 THE  RENTAL,  LEASE  OR  OTHER  CONTRACT  DOCUMENT, AS MAY BE REASONABLY
 REQUIRED BY SUCH TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR
 THE PARKING VIOLATIONS  BUREAU  PURSUANT  TO  REGULATIONS  THAT  MAY  BE
 PROMULGATED FOR SUCH PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  IN
 SUBDIVISION (E) OF THIS SECTION.

 A. 8206                             6

   3.  WHERE  THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
 THIS SUBDIVISION, THE LESSEE  OF  SUCH  VEHICLE  ON  THE  DATE  OF  SUCH
 VIOLATION  SHALL  BE  DEEMED  TO  BE  THE  OWNER OF SUCH VEHICLE FOR THE
 PURPOSES OF THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
 ITY PURSUANT TO SUBDIVISION (I) OF THIS SECTION.
   (K)  1.  IF THE OWNER LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED
 FORTY-FOUR-A OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT THE OPERA-
 TOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY  MAINTAIN
 AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT  THE  CONSENT  OF  THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
 VEHICLE IN VIOLATION OF SECTION  ELEVEN  HUNDRED  FORTY-FOUR-A  OF  THIS
 ARTICLE.  FOR  PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION
 THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH  VEHICLE  WITH  THE
 CONSENT  OF THE OWNER AT THE TIME OF SUCH OPERATOR OPERATED SUCH VEHICLE
 IN VIOLATION OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS ARTICLE.
   (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION ELEVEN HUNDRED
 FORTY-FOUR-A OF THIS ARTICLE.
   (M) IF THE SUPERINTENDENT OF THE STATE POLICE  OR  AUTHORIZED  MUNICI-
 PALITY  ADOPTS  A  DEMONSTRATION  PROGRAM PURSUANT TO SUBDIVISION (A) OF
 THIS  SECTION  SUCH  SUPERINTENDENT  OR  AUTHORIZED  MUNICIPALITY  SHALL
 CONDUCT  A STUDY AND SUBMIT A REPORT ON THE RESULTS OF THE USE OF A MOVE
 OVER MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
 SENATE  AND  THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO:
   1. THE LOCATIONS WHERE AND DATES WHEN  MOVE  OVER  MONITORING  SYSTEMS
 WERE USED;
   2. THE AGGREGATE NUMBER OF VIOLATIONS;
   3.  THE  NUMBER OF VIOLATIONS RECORDED IN AGGREGATE ON A DAILY, WEEKLY
 AND MONTHLY BASIS;
   4. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
 RECORDED BY SUCH SYSTEM;
   5.  THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
 NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
   6. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULT OF SUCH ADJUDI-
 CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   7.  THE  TOTAL AMOUNT OF REVENUE REALIZED BY THE STATE OR MUNICIPALITY
 IN CONNECTION WITH THE PROGRAM; AND
   8. EXPENSES INCURRED BY THE DIVISION OF  STATE  POLICE  OR  AUTHORIZED
 MUNICIPALITY IN CONNECTION WITH THE PROGRAM.
   § 2. This act shall take effect January 1, 2020.