S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9861

                          I N  A S S E M B L Y

                             April 20, 2016
                               ___________

Introduced by M. of A. GLICK, O'DONNELL, MOSLEY, COOK, SIMON, SEAWRIGHT,
  CRESPO,  GOTTFRIED,  BLAKE,  MILLER  -- Multi-Sponsored by -- M. of A.
  BRENNAN, DINOWITZ, MARKEY, ROSENTHAL, THIELE -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to establishing
  photo speed violation monitoring systems in school speed zones in  the
  city of New York; and to amend chapter 189 of the laws of 2013, amend-
  ing  the  vehicle and traffic law and the public officers law relating
  to establishing in a city with a population of one million  people  or
  more  a  demonstration program implementing speed violation monitoring
  systems in school zones by means of photo devices and  chapter  43  of
  the  laws  of  2014,  amending the vehicle and traffic law, the public
  officers law and the general municipal law  relating  to  photo  speed
  violation  monitoring systems in school speed zones in the city of New
  York, in relation to the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (1)  of subdivision (c) of section 1180 of the
vehicle and traffic law, as added by chapter 563 of the laws of 2002, is
amended to read as follows:
  (1) [school days at] times indicated on the school  zone  speed  limit
sign[,  provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours]; or
  S 2. Paragraph 1 of subdivision (a) of section 1180-b of  the  vehicle
and  traffic  law,  as  amended  by  chapter  43 of the laws of 2014, is
amended to read as follows:
  1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a [demonstration] program imposing  mone-
tary  liability  on  the  owner  of a vehicle for failure of an operator
thereof to comply with posted maximum speed limits  in  a  school  speed
zone  within  the  city  (i)  when  a school speed limit is in effect as
provided in paragraphs one and two of subdivision (c) of section  eleven
hundred  eighty  of  this article or (ii) when other speed limits are in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14993-01-6

A. 9861                             2

effect as provided in subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article  [during  the  following  times:  (A)  on
school  days  during school hours and one hour before and one hour after
the school day, and (B) a period during student activities at the school
and  up  to  thirty  minutes immediately before and up to thirty minutes
immediately after such student activities]. Such [demonstration] program
shall empower the city  to  install  photo  speed  violation  monitoring
systems  within  [no more than one hundred forty] ALL school speed zones
within the city [at any one time] and to  operate  such  systems  within
such  zones  (iii) when a school speed limit is in effect as provided in
paragraphs one and two of subdivision  (c)  of  section  eleven  hundred
eighty  of this article or (iv) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
eighty  of  this article [during the following times: (A) on school days
during school hours and one hour before and one hour  after  the  school
day,  and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty  minutes  immediately
after  such  student  activities].  In  selecting a school speed zone in
which to install and operate a photo speed violation monitoring  system,
the city shall consider criteria including, but not limited to the speed
data,  crash history, and the roadway geometry applicable to such school
speed zone.
  S3. The opening paragraph of section 12 of chapter 43 of the  laws  of
2014,  amending the vehicle and traffic law, the public officers law and
the general municipal law relating to photo speed  violation  monitoring
systems  in  school  speed  zones in the city of New York, is amended to
read as follows:
  This act shall take effect on the thirtieth day after  it  shall  have
become  a  law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
shall expire 4 years after such effective date when upon such  date  the
provisions  of  this  act shall be deemed repealed; and provided further
that any rules necessary for the  implementation  of  this  act  on  its
effective  date  shall  be promulgated on or before such effective date,
provided that:
  S 4. Subparagraph (i) of paragraph 5 of  subdivision  (a)  of  section
1180-b  of  the  vehicle and traffic law, as added by chapter 189 of the
laws of 2013, is amended to read as follows:
  (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 photo  speed
violation  monitoring systems shall not include images that identify the
driver, the passengers, or the  contents  of  the  vehicle.    Provided,
however,  that  no  notice  of liability issued pursuant to this section
shall be dismissed solely because such  a  photograph,  microphotograph,
videotape  or  other recorded image allows for the identification of the
driver, the passengers, or the contents of vehicles where the city shows
that it made reasonable efforts to comply with the  provisions  of  this
paragraph in such case.
  S 5. Subdivision (b) of section 1180-b of the vehicle and traffic law,
as  added  by  chapter  189  of  the laws of 2013, is amended to read as
follows:
  (b) If the city of New  York  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 this section  if  such
vehicle  was  used or operated with the permission of the owner, express
or implied, within a school speed zone in violation of  subdivision  (c)

A. 9861                             3

or  during  the  times  authorized  pursuant  to subdivision (a) of this
section in violation of subdivision (b), (d),  (f)  or  (g)  of  section
eleven  hundred  eighty of this article, such vehicle was traveling at a
speed  of  more  than ten miles per hour above the posted speed limit in
effect within such school speed zone, and such violation is evidenced by
information obtained from a photo  speed  violation  monitoring  system;
provided however that no owner of a vehicle shall be liable for a penal-
ty  imposed  pursuant to 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 article.
  S 6. Subdivision (f) of section 1180-b of the vehicle and traffic law,
as  added  by  chapter  189  of  the laws of 2013, is amended to read as
follows:
  (f) An imposition  of  liability  under  the  [demonstration]  program
established 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.
  S 7. The opening paragraph of subdivision (n) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
amended to read as follows:
  If the city adopts a [demonstration] program pursuant to [subdivision]
PARAGRAPH  one  of  SUBDIVISION  (A)  OF this section it shall conduct a
study and submit a report on the results of the use of photo devices  to
the  governor,  the temporary president of the senate and the speaker of
the assembly. Such report shall include:
  S 8. The opening paragraph of section 15 of chapter 189 of the laws of
2013, amending the vehicle and traffic law and the public  officers  law
relating  to  establishing  in  a  city with a population of one million
people or more a  demonstration  program  implementing  speed  violation
monitoring systems in school zones by means of photo devices, is amended
to read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law [and shall expire 5 years after such  effective  date  when
upon such date the provisions of this act shall be deemed repealed; and]
provided  [further]  that  any rules necessary for the implementation of
this act on its effective date shall be promulgated on  or  before  such
effective date, provided that:
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law.