S T A T E O F N E W Y O R K
________________________________________________________________________
6677
2017-2018 Regular Sessions
I N A S S E M B L Y
March 15, 2017
___________
Introduced by M. of A. GLICK, GOTTFRIED, COOK, DINOWITZ, SIMON, BARRON,
SEPULVEDA, DICKENS, SEAWRIGHT, D'URSO, BLAKE, 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; to amend 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, 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; and to repeal subdivi-
sion (j) of section 1180-b of the vehicle and traffic law relating to
adjudications by the New York city parking violations bureau
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00134-02-7
A. 6677 2
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. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE
INSTALLED ON A CONTROLLED-ACCESS HIGHWAY EXIT RAMP OR WITHIN THREE
HUNDRED FEET ALONG A HIGHWAY THAT CONTINUES FROM THE END OF A CONT-
ROLLED-ACCESS HIGHWAY EXIT RAMP.
§ 2. Paragraph 2 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:
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has success-
fully passed a self-test of its functions; and (ii) it has undergone an
annual calibration check performed pursuant to paragraph four of this
subdivision. The city [may] SHALL install signs giving notice that a
photo speed violation monitoring system is in use to be mounted on
advance warning signs notifying motor vehicle operators of such upcoming
school speed zone and/or on speed limit signs applicable within OR
APPROACHING such school speed zone, PROVIDED THAT SUCH SPEED LIMIT SIGNS
SHALL BE NO MORE THAN THREE HUNDRED FEET FROM SUCH SCHOOL SPEED ZONE, in
conformance with standards established in the MUTCD.
§ 3. Paragraph 4 of subdivision (c) 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:
4. "school speed zone" shall mean a RADIAL distance not to exceed one
thousand three hundred twenty feet [on a highway passing] FROM a school
building, entrance or exit [of a school abutting on the highway].
§ 4. Subdivision (j) of section 1180-b of the vehicle and traffic law
is REPEALED, and subdivisions (k), (l), (m), (n) and (o) are relettered
subdivisions (j), (k), (l), (m) and (n).
§ 5. Paragraphs 2 and 3 of subdivision (j) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013 and
such subdivision as relettered by section four of this act, are amended
to read as follows:
2. Failure to comply with subparagraph (ii) of paragraph [(a)] ONE of
this subdivision shall render the owner liable for the penalty
prescribed in this section.
3. Where the lessor complies with the provisions of paragraph [(a)]
ONE 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 such violation pursu-
A. 6677 3
ant to this section and shall be sent a notice of liability pursuant to
subdivision [nine] (G) of this section.
§ 6. 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:
§ 7. 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.
§ 8. 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)
OF THIS SECTION 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 travel-
ing 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 monitor-
ing system; provided however that no owner of a vehicle shall be liable
for a penalty imposed pursuant to this section where the operator of
such vehicle has been convicted of the underlying violation of subdivi-
sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article.
§ 9. 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.
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§ 10. 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
and such subdivision as relettered by section four of this act, is
amended to read as follows:
If the city adopts a [demonstration] program pursuant to subdivision
[one of] (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:
§ 11. 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, FURTHER, that:
§ 12. This act shall take effect immediately.