§ 39-11 Liability.
RCNY § 39-11
(a)Operators and owners.
(1)The operator of a vehicle shall be liable for the fines or penalties imposed pursuant to 19 RCNY §§ 39-05, 39-06 and 39-07.
(2)Except as otherwise provided in 19 RCNY § 39-11(b), the owner of the vehicle, even if not the operator, shall be jointly and severally liable with the operator if such vehicle was used or operated with the permission of the owner, express or implied.
(b)Lessors and lessees.
(3)Any information required or permitted to be furnished under this 19 RCNY § 39-11(b) shall be on forms prescribed by the Bureau. Information will also be accepted by the Bureau if filed on magnetic tape or other recording media in a format prescribed by the Bureau. If requested by a lessor, the Bureau will give notices or provide other information to a lessor on magnetic tape or other similar media in a format prescribed by the Bureau.
(4)Lessor shall file the vehicle registration by first class mail to a post office box or shall personally deliver the registration to the office designated by the Bureau. Payment of the required filing fee shall be made by delivery of a check or money order payable to the "Parking Violations Bureau." (5) A vehicle shall be deemed registered on the "effective date" of the filing of the registration as follows: (i) For the primary filing: (A) If the plate registration and the annual filing fee is received by the Bureau in connection with the lessor's primary filing at least 30 days prior to the commencement of the fiscal year, the effective date shall be the first day of the fiscal year. (B) If the plate registration and the annual filing fee in connection with the lessor's primary filing, is received by the Bureau less than 30 days prior to the commencement of the fiscal year, the effective date of such filing shall be 30 days from such date. However, the Bureau may designate an earlier date as the effective date of such filing.
(ii)For a filing other than a primary filing: If the plate registration and the required filing fee is received by the Bureau during any month, the effective date shall be retroactive to the first day of that month. The Bureau shall notify the lessor of the effective date of filing of the registration.
(6)The annual filing fee for each vehicle registration shall be twelve dollars for each fiscal year. If a lessor files a plate registration during the fiscal year, the filing fee shall be reduced at the rate of one dollar per month from the commencement of the fiscal year to the effective date of registration. The Bureau shall notify the lessor of receipt of the filing fee. Lessors shall not be entitled to a refund, credit or other reduction of filing fees for registrations withdrawn from service, destroyed, or surrendered during the fiscal year.
(7)Within 90 days after issuance of a Notice of Violation to a vehicle registered with the Bureau hereunder, the Bureau will give notice of such issuance to the lessor. Such notice will be given by first class mail or by personal delivery to the lessor's address on file with the Bureau. Within 37 days after receipt of the notice of outstanding violations, the lessor shall provide to the Bureau the name and address of the lessee. For the purpose of determining lessor's time to provide the information required hereunder, the lessor shall be presumed to have received the notice of the outstanding violations from the Bureau five days after such notice is mailed or delivered by the Bureau unless the lessor can demonstrate that such notice was actually received on a later date.
(8)In addition to the information required under paragraph (7) of this 19 RCNY § 39-11(b), upon the specific request from the Bureau, the lessor shall provide to the Bureau any or all of the following: (i) The name and address of a lessee's employer and or billing address where contained in the rental agreement or lease; (ii) A copy of the rental agreement or lease; (iii) Such credit information about a lessee where contained in the rental agreement or lease; (iv) A copy of the motor vehicle registration as filed with the State Motor Vehicle Department; (v) The vehicle identification number.
(9)If the lessor elects to pay the fine and penalty for a violation issued against a vehicle registered under this 19 RCNY § 39-11(b) and such payment is received by the Bureau within 37 days after the lessor received notice of the outstanding violations, and if the Bureau subsequently collects the fine and penalty from the operator or lessee who is liable therefore, the Bureau shall refund to the lessor the amount received from such operator or lessee, less the Bureau's costs of collection.
(10)The Bureau shall give notice to a lessor if a notice of outstanding violation mailed to the name and address of a lessee provided by the lessor is returned to the Bureau by the United States postal authorities. The name and address provided by the lessor previously furnished to the Bureau shall be presumed to be an incorrect name and address unless the lessor shall furnish proof satisfactory to the Bureau, within 60 days after the lessor has received notification of said incorrect name and address, that the lessor has previously furnished the correct name and address. A copy of the rental agreement or lease setting forth the name and address previously furnished shall conclusively rebut the foregoing presumption.
(11)A lessor shall not be liable for a fine or penalty issued to any vehicle if such vehicle has been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. A sworn statement that the vehicle has not been recovered at the time of such violation, together with the police alarm number or a certified copy of the police report of the stolen vehicle, shall be sufficient to abate any liability imposed hereunder.
(12)After a lessor provides to the Bureau the name of the lessee, the Bureau shall give notice to the lessee of the outstanding violation and the entry of a default judgment by first class mail and otherwise in accordance with the provisions of section 241 of the Vehicle and Traffic Law.
(13)If a lessor has registered a vehicle with the Bureau, it shall be liable for fines and penalties if: (i) The lessor fails to provide the name and address of the lessee or otherwise fails to respond by requesting a hearing or by payment of the original fine within 37 days after the lessor receives a notice of outstanding violation from the Bureau; (ii) the lessor willfully and wrongfully provides fraudulent or incorrect information to the Bureau.
(14)Penalties.
(i)In the event a lessor fails to provide the information specifically requested by the Bureau, under 19 RCNY § 39-11(b)(8), within 60 days of the request or in the event the lessor fails to comply with 19 RCNY § 39-11(b)(13), then the Bureau shall send a notice stating that the lessor is liable for the original fine and mandatory five dollar surcharge. If payment of the original fine and mandatory five dollar surcharge is not made within the time prescribed in said notice, which shall not be less than 30 days, the lessor shall be liable for penalties as prescribed in 19 RCNY § 39-07 as if the vehicle had not been registered with the Bureau pursuant to this subdivision on the date of the summons. (Amended City Record 4/26/2017, eff. 5/26/2017)
