Bill
A 11128
Implements a temporary, two-intersection pilot where vehicle owners may be held liable for photo-verified traffic-control signal violations, with defined adjudication and sunset in
Jurisdiction: New York
Title: Relates to adjudications and owner liability for a violation of traffic-control signal indications in the town of Palm Tree
Introduced by: Assembly Member Eachus (Co-sponsor: Chris Eachus)
Date Introduced: April 24, 2026
Committee: Transportation
Effective date and sunset: Takes effect 30 days after enactment and would expire December 31, 2030. Any local law enacted under this act remains in effect only through 2030. The act also provides for regulatory adjustments to implement it before its effective date.
Purpose and overall intent
- Establishes a temporary, town-specific demonstration program in the town of Palm Tree to impose monetary liability on vehicle owners for traffic-control signal violations identified by photo-violation monitoring.
- Creates a framework for using traffic-control signal photo monitoring at two designated intersections, with owner liability, adjudication, and related procedural rules.
- Aims to test the effectiveness, safety impact, and administrative processes of owner liability for traffic-control violations in a limited, time-bound setting.
Key provisions and changes
1) New program authorization and locations (Vehicle and Traffic Law)
- Adds new Section 1111-j to authorize Palm Tree to adopt a local law or ordinance establishing a demonstration program.
- The program may install and operate traffic-control signal photo violation-monitoring devices at two intersections:
- Forest Road and Van Buren Drive
- Bakerstown Road, Dinev Road, and Israel Zupnik Drive
- Approval from the New York State Department of Transportation (NYSDOT) is required in writing; DOT can rescind or modify such approval at any time.
2) Privacy and photo rules
- The program must use technologies to ensure photographs do not identify drivers, passengers, or vehicle contents to the extent practicable.
- However, notices of liability may still be issued even if photos could identify contents, provided reasonable efforts were made to comply with the privacy provision.
3) Owner liability and scope
- Owners may be liable for penalties if the vehicle is used or operated with the owner’s permission in violation of traffic-control indications, as evidenced by information from the photo-monitoring system.
- If the operator was convicted of the underlying traffic violation, the owner’s liability can be disclaimed.
4) Definitions
- “Owner” as defined in article 2-B of the Vehicle and Traffic Law.
- “Traffic-control signal photo violation-monitoring system” defined as devices producing two or more photographs, microphotos, videotapes, or other images at the time of the violation.
5) Evidence and adjudication
- Photographs and recordings serve as prima facie evidence; such materials must be available for inspection in adjudication proceedings.
- Notices of liability contain essential details: owner name/address, vehicle registration, location, date/time, camera/document locator number, and guidance on contesting liability.
6) Penalties and defenses
- Owners face monetary penalties according to a local schedule, up to $50 per violation.
- Additional penalty up to $25 for failure to respond within the prescribed time.
- The liability is not a criminal conviction and does not affect the operator’s driving record or insurance.
- Defense if the traffic-control indications were malfunctioning at the time of the alleged violation.
- If the vehicle was stolen at the time, the owner has a defense if properly reported and not recovered.
7) Lessor (owner who rents out vehicles)
- Lessors may avoid liability if they promptly provide rental agreements and lessee details within 37 days of notice; otherwise, the lessor becomes liable, and the lessee becomes the owner for purposes of liability.
8) Operator vs. owner actions
- If the owner was not the operator, the owner may seek indemnification from the operator.
- There is a presumption that the operator had the owner’s consent, shifting the onus to challenge that assumption.
9) Adjudication venue
- Adjudication occurs at a traffic violations bureau (or the appropriate court for traffic infractions) established under the General Municipal Law.
10) Conditional defenses
- If the vehicle was reported stolen, the owner may rely on the police report as a defense.
11) Annual reporting requirement
- Towns operating under the demonstration must file an annual report on the program’s results (locations, accidents, violations, adjudications, fines collected, and process quality), due by June 1 each year following deployment.
12) Public officers law amendment
- Adds a definition to include images and recordings produced under authority of section 1111-j in relation to official records.
13) Procurement
- Equipment purchase/lease for the demonstration is subject to General Municipal Law section 103.
Impact and who it affects
- Affects vehicle owners for two specified Palm Tree intersections, operators of vehicles, lessors of vehicles, and local administrative and judicial bodies that adjudicate such violations.
- Introduces a temporary, owner-liability-based enforcement mechanism using photo-monitoring, with privacy safeguards and defined adjudication procedures.
- Requires annual reporting to state officials and a sunset in 2030, after which the provisions expire unless renewed.
Notes for readers
- This is a narrowly tailored, time-limited pilot program with explicit privacy considerations and a defined set of intersections.
- It separates owner liability from operator conviction, but preserves the operator’s liability under existing traffic statutes.
- The program’s continuation beyond 2030 would require new legislative action.
Compiled from official sources — confirm details with the bill’s official record.
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