S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    579
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC, DINOWITZ, DE LA ROSA -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to enacting the
   "FURIOUS Act"
 
   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 "Fighting
 Underground Racing In Our Streets Act" or "The FURIOUS Act."
   § 2. Paragraph 1 of subdivision (a) of section 1180-b of  the  vehicle
 and  traffic  law,  as  amended  by  chapter  30 of the laws of 2019, is
 amended and a new paragraph 1-a is added 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
 such  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 weekdays between the hours of six o'clock A.M.
 and ten o'clock P.M., EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH ONE-A OF
 THIS SUBDIVISION. Such demonstration program shall empower the  city  of
 New  York  to install photo speed violation monitoring systems within no
 more than seven hundred fifty school speed zones within such 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  week-
 days  between the hours of six o'clock A.M. and ten o'clock P.M., EXCEPT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02342-01-1

 A. 579                              2
 
 AS OTHERWISE PROVIDED IN PARAGRAPH ONE-A OF THIS SUBDIVISION. In select-
 ing a school speed zone in which to install and operate  a  photo  speed
 violation  monitoring system, the city of New York shall consider crite-
 ria  including,  but  not limited to, the speed data, crash history, and
 the roadway geometry applicable to such school  speed  zone.  Such  city
 shall  prioritize  the  placement  of  photo  speed violation monitoring
 systems in school speed zones based upon speed data or the crash history
 of a school speed zone. A photo speed violation monitoring system  shall
 not be installed or operated on a controlled-access highway exit ramp or
 within three hundred feet along a highway that continues from the end of
 a controlled-access highway exit ramp.
   1-A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK
 IS HEREBY AUTHORIZED TO OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS
 AT ANY TIME IN A SCHOOL SPEED ZONE WHICH THE CITY OF NEW YORK HAS  IDEN-
 TIFIED  AS  AN  AREA  OF SPECIAL CONCERN FOR ILLEGAL STREET RACING BASED
 UPON REPORTS OF THE OCCURRENCE OF SPEED CONTESTS AND RACES, PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  EIGHTY-TWO OF THIS ARTICLE, WITHIN SUCH SCHOOL
 SPEED ZONE. THE CITY OF NEW YORK MAY ONLY OPERATE SUCH SYSTEMS  PURSUANT
 TO  THIS  PARAGRAPH  UPON A RESOLUTION IN FAVOR ADOPTED BY A MAJORITY OF
 THE MEMBERS OF THE COMMUNITY BOARD THAT REPRESENTS THE DISTRICT IN WHICH
 SUCH SCHOOL SPEED ZONE IS LOCATED, AFTER SUCH COMMUNITY BOARD CONDUCTS A
 PUBLIC HEARING.
   § 3. Subdivision 1 of section 1182 of the vehicle and traffic law,  as
 amended  by  section  9  of part C of chapter 62 of the laws of 2003, is
 amended to read as follows:
   1. Except as provided in section eleven hundred eighty-two-a  of  this
 article  or  section  sixteen  hundred  thirty,  sixteen  hundred forty,
 sixteen hundred forty-two or sixteen hundred sixty of this  chapter,  no
 races,  exhibitions  or  contests  of  speed shall be held and no person
 shall engage in or aid or abet in  any  motor  vehicle  or  other  speed
 contest  or  exhibition of speed on a highway.  FOR THE PURPOSES OF THIS
 SECTION, A PERSON SHALL BE DEEMED TO HAVE HELD  A  RACE,  EXHIBITION  OR
 CONTEST  OF  SPEED  IF SUCH PERSON, WHILE OPERATING A VEHICLE AT A SPEED
 THAT EXCEEDS A POSTED MAXIMUM SPEED LIMIT, (A) ENGAGES IN  CONDUCT  WITH
 ANOTHER  PERSON  INVOLVING  A CHALLENGE COUPLED WITH A RESPONSE IN SPEED
 AND RELATIVE POSITION INDICATING ACCEPTANCE OF SUCH  CHALLENGE,  REGARD-
 LESS  OF  WHETHER  SUCH  PERSON  OR  PERSONS  INTENDED TO ENGAGE IN SUCH
 CONDUCT BEFORE INITIATING OR ACCEPTING SUCH CHALLENGE OR  PRE-PLANNED  A
 COURSE  OR  DISTANCE  OVER WHICH TO ENGAGE IN SUCH CONDUCT; OR (B) RACES
 AGAINST A CLOCK OR OTHER TIMING DEVICE. Such event, if  held,  shall  be
 fully  and efficiently patrolled for the entire distance over which such
 race, exhibition or contest for speed is to be held. Participants  in  a
 race,  exhibition  or contest of speed are exempted from compliance with
 any traffic  laws  otherwise  applicable  thereto,  but  shall  exercise
 reasonable  care.  A  violation of any of the provisions of this section
 shall constitute a misdemeanor and be punishable by imprisonment of  not
 more  than  thirty days or a fine of not less than three hundred dollars
 nor more than five hundred twenty-five dollars, or both  such  fine  and
 imprisonment.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law, provided, however, that the amendments to paragraph 1
 of subdivision (a) of section 1180-b of the vehicle and traffic law made
 by section two of this act shall not affect the repeal of  such  section
 and shall be deemed repealed therewith.