As used in this article, the following terms shall have the
meanings indicated:
OWNER
As defined in Article 2-B of the New York Vehicle and Traffic
Law.
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM
A vehicle sensor installed to work in conjunction with a
traffic control signal which automatically produces 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
§ 1111(d) of the New York Vehicle and Traffic Law.
The owner of a vehicle shall be liable for a penalty imposed
pursuant to this article if such vehicle is used or operated with
the permission of the owner, express or implied, in violation of § 1111(d)
of the New York Vehicle and Traffic Law, and such violation is evidenced
by information obtained from a traffic control signal photo violation-monitoring
system. However, no owner of a vehicle shall be liable for a penalty
under this article if the operator of the vehicle has been convicted
of the underlying violation of § 1111(d) of the New York
Vehicle and Traffic Law.
Adjudication of the liability imposed upon owners by this article
shall be by the court(s) having jurisdiction over traffic infractions.
A certificate, sworn to or affirmed by a technician employed
by Suffolk County, or facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or any other recorded images
used by a traffic control signal photo violation-monitoring system,
shall be prima facie evidence of the facts contained therein. Any
photographs, microphotographs, videotape or any recorded images evidencing
such a violation shall be available for inspection in any proceeding
to adjudicate the liability of such violation.
If the owner of a vehicle liable for a violation of § 1111(d)
of the New York Vehicle and Traffic Law pursuant to this article was
not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
The County Executive is hereby authorized and empowered to designate
the appropriate department or agency to prepare and submit an annual
report of the results of the use of the traffic control signal photo
violation-monitoring system to the Governor, the temporary President
of the New York State Senate and the Speaker of the Assembly.
This article shall apply to actions occurring on or after the
effective date of this article.
[Amended 10-7-2014 by L.L. No. 29-2014; 9-4-2019 by L.L. No. 32-2019]
This article shall expire on December 1, 2024, unless it is
extended by the enactment of another local law pursuant to state authorization.