NY State Senate Bill 2017-S358

Senate Bill S358

2017-2018 Legislative Session

Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2017	recommit, enacting clause stricken
Jan 04, 2017	referred to transportation

2017-S358 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §15, Chap 189 of 2013
Versions Introduced in 2015-2016 Legislative Session:: S6913

2017-S358 (ACTIVE) - Summary

Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York; eliminates the expiration and repeal of provisions of law authorizing the use of photo speed violation monitoring systems in school zones in such city.

2017-S358 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S358

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
eliminating the time of day restrictions on the use of photo speed
violation monitoring systems in school zones in the city of New York;
and 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 or more a demonstration program
implementing speed violation monitoring systems in school speed zones
by means of photo devices, in relation to eliminating the expiration
and repeal of the provisions thereof

 PURPOSE :

Eliminates the time of day limitations on the use of photo speed
violation monitoring systems in school zones in the city of New York

 SUMMARY OF PROVISIONS :

Sections 1, 2 and 3 amend Paragraph 1 of Subdivision (a) of Section
1180-b of the Vehicle and Traffic Law by removing temporal
restrictions upon when enforcement speed cameras may be operated
within a school zone in the City of New York.

Section 4 sets forth the effective date of the law.

 JUSTIFICATION :

In 2013, the Legislature approved a limited demonstration program to
be orchestrated by the City of New York, through which the New York
City Department of Transportation was authorized to install photo
speed monitoring enforcement systems (e.g., "speed cameras") within
some of the City's reduced speed school zones. However, this program
was limited to 140 cameras Citywide. Further, temporal restrictions
were placed on the operation of these cameras, limiting their use to
periods during school hours, as well as an hour before and after the
commencement of the school day, as well as during a period of student
activities at a school, as well as a half hour before and after this
activity period.

In its short history, this program has proven to be a success. Media
reports indicate that as the New York City Department of
Transportation installed speed cameras at particular intersections,
the rate of speeding at some locations has dropped more than sixty
percent. There is no question that speeding is the determining factor
in a large number of the traffic fatalities facing New York City
annually, including hit-and-run incidents. Further, accidents occur
constantly at dangerous intersections, and this reality does not
discriminate between schoolchildren and other pedestrians. Though the
financial cost of speed cameras to drivers could be high, the cost
involved with a persistent loss of life is a greater one. It is
sensible public policy to reduce traffic injuries and fatalities
through the expanded operation of speed cameras in New York City
school zones.

 PRIOR LEGISLATIVE HISTORY :

2015-2016-S6913

 FISCAL IMPACT :

TBD.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law; provided that the amendments to paragraph 1 of
subdivision (a) of section 1180-b of the vehicle and traffic law, made
by section one of this act, shall not affect the expiration and
reversion of such paragraph pursuant to section 12 of chapter 43 of
the laws of 2014, as amended, when such date section two of this act
shall take effect; and provided, further, that the amendments to
section 1180-b of the vehicle and traffic law made by this act shall
not affect the expiration and repeal of such section and shall expire
and be deemed repealed therewith.

2017-S358 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    358
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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  eliminating
   the time of day restrictions on the use of photo speed violation moni-
   toring  systems  in school zones in the city of New York; and 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 or more a demonstration program implementing
   speed violation monitoring systems in school speed zones by  means  of
   photo devices, in relation to eliminating the expiration and repeal of
   the provisions 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 (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 monetary
 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 para-
 graphs  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00140-01-7

 S. 358                              2
 
 more  than  one  hundred forty 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  activ-
 ities]. 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.
   §  2.  Paragraph 1 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:
   1. Notwithstanding any other provision of law, the city of New York is
 hereby authorized to establish a demonstration program imposing monetary
 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 para-
 graphs  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 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 twenty 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 follow-
 ing 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.
   § 3. 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 pursu-
 ant  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)  [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

 S. 358                              3
 
 more than ten miles per hour above the  posted  speed  limit  in  effect
 within such school speed zone, and such violation is evidenced by infor-
 mation obtained from a photo speed violation monitoring 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 subdivision (b), (c), (d),  (f)
 or (g) of section eleven hundred eighty of this article.
   §  4.   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  or
 more  a  demonstration  program  implementing speed violation monitoring
 systems in school speed zones by means of photo devices  is  amended  to
 read as follows:
   §  15.  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:
   § 5.  This act shall take effect immediately, except that sections one
 and  three  of  this act shall take effect on the thirtieth day after it
 shall have become a law; provided that the amendments to paragraph 1  of
 subdivision  (a)  of section 1180-b of the vehicle and traffic law, made
 by section one of this act, shall not affect the expiration  and  rever-
 sion  of such paragraph pursuant to section 12 of chapter 43 of the laws
 of 2014, as amended, when upon such date section two of this  act  shall
 take effect.

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