S T A T E O F N E W Y O R K
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7669
2025-2026 Regular Sessions
I N S E N A T E
April 28, 2025
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Introduced by Sen. MARTINS -- 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 owner
liability for failure of an operator to comply with stop signs in
certain villages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "protect
our pedestrians (POP) act".
§ 2. The vehicle and traffic law is amended by adding a new section
1174-b to read as follows:
§ 1174-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO STOP FOR A STOP
SIGN IN CERTAIN VILLAGES. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ANY VILLAGE LOCATED WITHIN A COUNTY IN THE STATE OF NEW YORK WITH A
POPULATION BETWEEN ONE MILLION AND ONE MILLION FIVE HUNDRED THIRTY THOU-
SAND IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW
OR ORDINANCE ESTABLISHING 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 SEVENTY-TWO OF
THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH VILLAGE TO
INSTALL AND OPERATE STOP SIGN PHOTO VIOLATION MONITORING SYSTEMS WHICH
MAY BE STATIONARY OR MOBILE, AND WHICH MAY BE INSTALLED ON STOP SIGNS
WITHIN THE BOUNDARIES OF SUCH VILLAGE.
(B) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
STOP SIGN PHOTO VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES
THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHI-
CLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO
THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTO-
GRAPHS ALLOW FOR THE IDENTIFICATION OF THE DRIVER, PASSENGERS, OR THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11641-02-5
S. 7669 2
CONTENTS OF A VEHICLE, PROVIDED THAT SUCH VILLAGE HAS MADE A REASONABLE
EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.
(C) IN ANY SUCH VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT 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, IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-TWO OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
TION OBTAINED FROM A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM.
(D) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING AS DEFINED PURSUANT TO SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER.
2. "VILLAGE" SHALL MEAN ANY VILLAGE LOCATED WITHIN A COUNTY IN THE
STATE WITH A POPULATION BETWEEN ONE MILLION AND ONE MILLION FIVE HUNDRED
THIRTY THOUSAND.
3. "STOP SIGN PHOTO VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A STOP SIGN WHICH AUTOMAT-
ICALLY 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 SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-TWO OF THIS ARTICLE.
4. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
SUCH OWNER'S OWN VEHICLE.
(E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE VILLAGE IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE
THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STOP SIGN PHOTO VIOLATION
MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN
ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT
TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION.
(F) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR
ORDINANCE ADOPTED 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. THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL NOT EXCEED 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 A NOTICE OF LIABILITY WITHIN THE
PRESCRIBED TIME PERIOD.
(G) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
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.
(H) 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 SUBDIVISION
(A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO
THIS SECTION. 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.
S. 7669 3
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 SUBDIVISION
(A) OF SECTION ELEVEN HUNDRED SEVENTY-TWO 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 AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS 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 VILLAGE
WHERE THE ALLEGED VIOLATION OCCURRED OR BY ANY OTHER ENTITY AUTHORIZED
BY SUCH VILLAGE TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
(I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
(J) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION THAT
THE 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 BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU OR
COURT HAVING JURISDICTION.
(K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-TWO OF THIS ARTICLE, PROVIDED THAT SUCH OWNER SENDS TO THE TRAF-
FIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION.
WHERE THE LESSOR COMPLIES WITH THE PROVISIONS 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 THE VIOLATION OF SUBDIVISION (A) OF SECTION
ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (H) OF THIS
SECTION.
(L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE 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-
S. 7669 4
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
STOP SIGN. 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 SUCH OPERATOR FAILED TO OBEY A STOP
SIGN.
(M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-TWO OF THIS ARTICLE.
(N) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
VISION (A) OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
RESULTS OF THE USE OF SUCH STOP SIGN PHOTO VIOLATION MONITORING SYSTEM
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT SUCCEEDING THE
EFFECTIVE DATE OF THIS SECTION AND ON THE SAME DATE IN EACH SUCCEEDING
YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS WHERE STOP SIGN PHOTO VIOLATION
MONITORING SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM IS
USED FOR THE THREE YEARS PRECEDING THE INSTALLATION OF SUCH SYSTEM, TO
THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM IS
USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE STOP SIGN
PHOTO VIOLATION MONITORING SYSTEM HAS BEEN OPERATIONAL, TO THE EXTENT
THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
4. THE NUMBER OF EVENTS AND NUMBER OF VIOLATIONS RECORDED AT EACH
INTERSECTION WHERE A STOP SIGN PHOTO VIOLATION MONITORING SYSTEM IS USED
AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
BY SUCH SYSTEM AT EACH INTERSECTION WHERE A STOP SIGN PHOTO VIOLATION
MONITORING SYSTEM IS USED;
6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
FIRST NOTICE OF LIABILITY;
7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR
VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
SUCH ADJUDICATIONS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE FROM SUCH
ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH VILLAGE
FOR EACH YEAR SINCE DEPLOYMENT OF ITS STOP SIGN PHOTO VIOLATION MONITOR-
ING SYSTEM;
9. EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
PROVIDED AT LEAST ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS
CONDUCTING SUCH ADJUDICATIONS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
