S T A T E O F N E W Y O R K
________________________________________________________________________
5602
2021-2022 Regular Sessions
I N S E N A T E
March 12, 2021
___________
Introduced by Sen. GOUNARDES -- 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 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, amending the vehi-
cle and traffic law and the public officers law relating to establish-
ing 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 the effective-
ness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 201 of the vehicle and traffic law is amended by
adding a new subdivision 13 to read as follows:
13. THE COMMISSIONER SHALL BE REQUIRED TO MAINTAIN ALL RECORDS OF
VEHICLE REGISTRATIONS WHOSE OWNERS HAVE BEEN DOCUMENTED VIOLATING SUBDI-
VISIONS (B), (C) , (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER AT LEAST FIVE TIMES WITHIN A TWO YEAR PERIOD AND MAY INFORM
THE COMPANY WHICH INSURES THE VEHICLE OF ALL SUCH DOCUMENTED VIOLATIONS.
§ 2. Subdivision 2 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph b-1 to read as follows:
B-1. MANDATORY REGISTRATION SUSPENSION. SUCH REGISTRATION SHALL BE
SUSPENDED FOR A PERIOD OF NINETY DAYS WHERE THE HOLDER IS FOUND LIABLE
OF SIX OR MORE VIOLATIONS UNDER SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER WITHIN A PERIOD OF TWO YEARS. SUCH REGISTRATION SUSPENSION SHALL
COMMENCE ON THE TENTH DAY AFTER THE NOTICE OF LIABILITY FOR VIOLATIONS
HAS BEEN MAILED PURSUANT TO SUBDIVISION (G) OF SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER.
§ 3. 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 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10466-02-1
S. 5602 2
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]. 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]. In
selecting a school speed zone in which to install and operate a photo
speed violation monitoring system, the city of New York shall consider
criteria 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.
§ 4. Paragraph 3 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:
3. (I) Operators of MOBILE photo speed violation monitoring systems
shall have completed training in the procedures for setting up, testing,
and operating such MOBILE systems.
(II) ENTITIES OPERATING FIXED PHOTO SPEED VIOLATION MONITORING SYSTEMS
SHALL ESTABLISH AND MAINTAIN PROCEDURES FOR SETTING UP, TESTING, AND
OPERATING SUCH FIXED SYSTEMS.
(III) Each [such] operator OF A MOBILE PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM, OR EACH ENTITY THAT OPERATES A FIXED PHOTO SPEED VIOLATION
MONITORING SYSTEM, shall [complete and sign] MAINTAIN a daily [set-up]
CAMERA log REPORT for each such system that [he or she operates that
(i)] (A) states the date and time when, and the location where, the
system was set up that day, and [(ii)] (B) states that such operator OR
ENTITY successfully performed, and the system passed, the self-tests of
such system before producing a recorded image that day.
(IV) The city shall retain each such daily CAMERA log REPORT until the
later of the date on which the MOBILE OR FIXED photo speed violation
monitoring system to which it applies has been permanently removed from
use or the final resolution of all cases involving notices of liability
issued based on photographs, microphotographs, video or other recorded
images produced by such system.
§ 5. Paragraph 3 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:
3. "photo speed violation monitoring system" shall mean a MOBILE OR
FIXED vehicle sensor installed to work in conjunction with a speed meas-
S. 5602 3
uring device which automatically produces two or more photographs, two
or more microphotographs, a videotape or other recorded images of each
vehicle at the time it is used or operated in a school speed zone in
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this article in accordance with the provisions of this
section; and
§ 6. Subdivisions (e) and (f) of section 1180-b of the vehicle and
traffic law, as added by chapter 189 of the laws of 2013, are amended to
read as follows:
(e) An owner liable for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article pursuant to a
demonstration program established pursuant to this section shall be
liable for monetary penalties in accordance with a schedule of fines and
penalties to be promulgated by the parking violations bureau of the city
of New York. The liability of the owner pursuant to this section shall
not exceed [fifty dollars for each violation] THE DOLLAR AMOUNTS
PRESCRIBED IN THIS SUBDIVISION FOR THE FOLLOWING NUMBER OF VIOLATIONS,
COMMITTED WITHIN A PERIOD OF TWO YEARS: FIFTY DOLLARS FOR THE FIRST TWO
VIOLATIONS, ONE HUNDRED DOLLARS FOR THE THIRD VIOLATION, TWO HUNDRED
DOLLARS FOR THE FOURTH VIOLATION, THREE HUNDRED FIFTY DOLLARS FOR THE
FIFTH VIOLATION, AND FIVE HUNDRED DOLLARS FOR THE SIXTH OR MORE
VIOLATION; provided, however, that such parking violations bureau may
provide for an additional penalty not in excess of twenty-five dollars
for each violation for the failure to respond to a notice of liability
within the prescribed time period.
(f) [An imposition of liability under the demonstration program estab-
lished 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]
A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, IF SUCH NOTICE
INDICATES A FIFTH VIOLATION WITHIN A TWO YEAR PERIOD OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THE DEMONSTRATION PROGRAM ESTABLISHED IN THIS SECTION SHALL
BE FORWARDED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK
TO THE COMMISSIONER OF MOTOR VEHICLES, AS DEFINED IN SECTION TWO HUNDRED
OF THIS CHAPTER, FOR THE PURPOSES OF COMPLIANCE WITH SUBDIVISION THIR-
TEEN OF SECTION TWO HUNDRED ONE OF THIS CHAPTER.
§ 7. Paragraph 2 of subdivision (g) 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. A notice of liability shall contain (I) the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
cle pursuant to this section, (II) the registration number of the vehi-
cle involved in such violation, (III) the location where such violation
took place, (IV) the date and time of such violation, (V) the identifi-
cation number of the camera which recorded the violation or other docu-
ment locator number, (VI) at least two date and time stamped images of
the rear of the motor vehicle that include the same stationary object
near the motor vehicle, and (VII) the certificate charging the
liability, WHICH SHALL BE A STATEMENT WITHIN THE NOTICE OF LIABILITY
THAT AN OWNER VIOLATED SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION AND IS
LIABLE FOR PENALTIES IN ACCORDANCE WITH THIS SECTION.
S. 5602 4
§ 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 or
more a demonstration program implementing speed violation monitoring
systems in school speed zones by means of photo devices, as amended by
chapter 30 of the laws of 2019, 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 and be deemed repealed July 1, [2022]
2025; and provided further that any rules necessary for the implementa-
tion of this act on its effective date shall be promulgated on or before
such effective date, provided that:
§ 9. This act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to section 1180-b of the
vehicle and traffic law made by sections three, four, five, six and
seven of this act shall not affect the expiration of such section and
shall expire and be deemed repealed therewith.
