S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7979
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 18, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   the  installation of intelligent speed assistance devices for repeated
   violation of maximum speed limits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 119-c to read as follows:
   § 119-C. INTELLIGENT SPEED ASSISTANCE DEVICE. A DEVICE, ALSO  REFERRED
 TO  AS  A  "SPEED  LIMITER",  WHICH  IS INSTALLED IN A MOTOR VEHICLE AND
 UTILIZES TECHNOLOGY TO CAP THE SPEED OF A MOTOR VEHICLE  AT  FIVE  MILES
 PER  HOUR  MORE  THAN THE SPEED LIMIT IN A SPECIFIC ZONE. THE TECHNOLOGY
 SHALL ALLOW FOR SLIGHT ACCELERATION PAST THE SPEED LIMIT, IF  NECESSARY,
 BASED ON TRAFFIC CONDITIONS.
   § 2. Subdivision (h) of section 1180 of the vehicle and traffic law is
 amended by adding a new paragraph 6 to read as follows:
   6. (I) UPON A CONVICTION FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
 (F) OR (G) OF THIS SECTION WHICH RESULTS IN AN ACCUMULATION OF ELEVEN OR
 MORE  POINTS  ON  THE  DRIVING  RECORD OF ANY PERSON FOR VIOLATIONS THAT
 OCCURRED DURING THE PRECEDING EIGHTEEN MONTH PERIOD, THE COURT SHALL, IN
 ADDITION TO ANY OTHER  FINES,  IMPRISONMENT,  CONDITIONAL  DISCHARGE  OR
 LICENSE SUSPENSION OR REVOCATION, MANDATE THAT THE PERSON HAVE INSTALLED
 AN INTELLIGENT SPEED ASSISTANCE DEVICE, OTHERWISE KNOWN AS A SPEED LIMI-
 TER, IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON FOR A MINIMUM
 PERIOD OF TWELVE MONTHS OR FOR ANY PERIOD OF LICENSE SUSPENSION OR REVO-
 CATION, WHICHEVER IS LATER.
   (II) WHERE A PERSON WHO HAS ACCUMULATED ELEVEN POINTS ON THEIR DRIVING
 RECORD  IN THE PRECEDING EIGHTEEN MONTH PERIOD DOES NOT APPEAR IN COURT,
 THE COMMISSIONER SHALL  SEND  A  WRITTEN  NOTICE  THAT  SUCH  PERSON  IS
 REQUIRED  TO  INSTALL  A  SPEED LIMITER ON ANY MOTOR VEHICLE OPERATED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10745-06-3
              

 A. 7979                             2
 
 SUCH PERSON UNTIL THE END OF THEIR LICENSE SUSPENSION OR REVOCATION,  OR
 CONDITIONAL  DISCHARGE  OR  FOR  A MINIMUM OF TWELVE MONTHS WHICHEVER IS
 LONGER. THE PERSON SHALL PROVIDE PROOF OF INSTALLATION WITHIN  TEN  DAYS
 OF  RECEIVING  THE  NOTICE. IF THE PERSON FAILS TO PROVIDE SUCH PROOF OF
 INSTALLATION, THE COMMISSIONER SHALL SUSPEND THEIR  LICENSE,  MODIFY  AN
 EXISTING  ORDER  OF SUSPENSION OR DIRECT THE PERMANENT REVOCATION OF THE
 LICENSE OF A PERSON WITH A PREVIOUSLY REVOKED LICENSE.
   (III) UPON THE FINDING OF OWNER LIABILITY FOR FAILURE OF  AN  OPERATOR
 TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS THROUGH A PHOTO SPEED
 VIOLATION  MONITORING SYSTEM, WHERE SUCH PERSON HAS RECEIVED SIX OR MORE
 NOTICES OF LIABILITY; OR THE FINDING OF OWNER LIABILITY FOR  FAILURE  OF
 AN  OPERATOR TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH USE OF A
 TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING  DEVICE,  WHERE  SUCH
 PERSON HAS RECEIVED SIX OR MORE NOTICES OF LIABILITY, DURING THE PRECED-
 ING  TWELVE  MONTH  PERIOD,  THE  COURT  SHALL, IN ADDITION TO ANY OTHER
 FINES, IMPRISONMENT, CONDITIONAL  DISCHARGE  OR  LICENSE  SUSPENSION  OR
 REVOCATION,  MANDATE THAT THE PERSON HAVE INSTALLED AN INTELLIGENT SPEED
 ASSISTANCE DEVICE, OTHERWISE KNOWN AS A  SPEED  LIMITER,  IN  ANY  MOTOR
 VEHICLE  OWNED OR OPERATED BY SUCH PERSON FOR A MINIMUM PERIOD OF TWELVE
 MONTHS OR FOR ANY PERIOD OF LICENSE SUSPENSION OR REVOCATION,  WHICHEVER
 IS LATER.
   (IV)  A  PERSON  WHO IS REQUIRED TO INSTALL A SPEED LIMITER UNDER THIS
 PARAGRAPH SHALL ALSO BE REQUIRED TO DEMONSTRATE SAFE  DRIVING  PRACTICES
 TO  THE  SATISFACTION  OF  THE COMMISSIONER PRIOR TO THE REMOVAL OF SUCH
 DEVICE.   THE COURT, AT THE  RECOMMENDATION  OF  THE  COMMISSIONER,  MAY
 EXTEND  THE  REQUIRED SPEED LIMITER PERIOD FOR UP TO AN ADDITIONAL THIR-
 TY-SIX MONTHS FOR FAILURE TO DEMONSTRATE SAFE DRIVING PRACTICES PURSUANT
 TO AN EVALUATION DESIGNED  BY  THE  COMMISSIONER.  THIS  EVALUATION  MAY
 INCLUDE  A  WRITTEN DRIVING TEST OR A ROAD TEST THAT EVALUATES KNOWLEDGE
 OF AND ABILITY TO EXECUTE SAFE DRIVING PRACTICES AS  WELL  AS  CONSIDER-
 ATION  OF A DRIVER'S RECORD DURING THE PERIOD OF SPEED LIMITER INSTALLA-
 TION, INCLUDING ACCRUAL OF TRAFFIC VIOLATIONS AND NOTICES  OF  LIABILITY
 FROM  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES OR PHOTO
 SPEED VIOLATION MONITORING SYSTEMS. OTHER SUBJECTIVE FACTORS MAY NOT  BE
 CONSIDERED  IN THE DESIGN OF THE EVALUATION BY THE COMMISSIONER OR DECI-
 SION BY THE COURT.
   (V) THE COST OF INSTALLING AND MAINTAINING A SPEED  LIMITER  SHALL  BE
 BORNE  BY  THE  PERSON SUBJECT TO SUCH CONDITION UNLESS THE COURT DETER-
 MINES SUCH PERSON IS FINANCIALLY UNABLE TO AFFORD  SUCH  COST  WHEREUPON
 SUCH  COST  MAY  BE IMPOSED PURSUANT TO A PAYMENT PLAN OR WAIVED. AT THE
 END OF THE REQUIRED INSTALLATION PERIOD A SPEED LIMITER DEVICE SHALL  BE
 RETURNED TO THE DEPARTMENT.
   (VI)  THE  COMMISSIONER  SHALL  CREATE  A LIST OF APPROVED INTELLIGENT
 SPEED ASSISTANCE DEVICES OR SPEED LIMITERS.
   (VII) WHERE A PERSON WHO IS ORDERED BY A  COURT  TO  INSTALL  A  SPEED
 LIMITER  IS  NOT  THE OWNER OF THE MOTOR VEHICLE THEY OPERATE THEY SHALL
 GET A NOTARIZED  STATEMENT  FROM  THE  VEHICLE'S  OWNER  CONFIRMING  THE
 INSTALLATION.    IF  AN INDIVIDUAL OWNS OR OPERATES MULTIPLE MOTOR VEHI-
 CLES, THEY SHALL INSTALL A SPEED LIMITER IN EACH ONE. THE PROVISIONS  OF
 THIS PARAGRAPH SHALL NOT APPLY TO ANY AUTHORIZED EMERGENCY VEHICLE.
   (VIII)  PROOF  OF  INSTALLATION OF A SPEED LIMITER REQUIRED UNDER THIS
 PARAGRAPH SHALL OCCUR WITHIN TEN DAYS OF THE COURT ORDER. WITHIN  THIRTY
 DAYS AFTER THE INITIAL INSTALLATION THE DEVICE SHALL BE INSPECTED BY THE
 DEPARTMENT  TO  ENSURE  THE DEVICE IS PROPERLY CALIBRATED AND INSTALLED.
 THE DEVICE SHALL SUBSEQUENTLY BE INSPECTED EVERY SIXTY DAYS TO DETERMINE
 CONTINUED COMPLIANCE.
 A. 7979                             3
 
   (IX) A VIOLATION OF ANY PROVISION OF THIS PARAGRAPH, OR A FINDING THAT
 ANY PERSON HAS ASSISTED A DRIVER TO VIOLATE THIS PARAGRAPH, SHALL  BE  A
 CLASS A MISDEMEANOR PUNISHABLE BY UP TO ONE YEAR IN JAIL AND THE REVOCA-
 TION OF ANY CONDITIONAL DISCHARGE.
   (X)  (A)  THE  COMMISSIONER  SHALL  SUBMIT  A REPORT EVERY TWENTY-FOUR
 MONTHS TO THE GOVERNOR AND THE LEGISLATURE WITH THE  FOLLOWING  INFORMA-
 TION ABOUT THE SPEED LIMITER PROGRAM UNDER THIS PARAGRAPH:
   (1)  NUMBER  OF  INDIVIDUALS  ACTIVELY REQUIRED TO HAVE SPEED LIMITERS
 INSTALLED IN MOTOR VEHICLES THEY OWN OR OPERATE.
   (2)  NUMBER  OF  MOTOR  VEHICLES  REQUIRED  TO  HAVE  SPEED   LIMITERS
 INSTALLED.
   (3)  NUMBER  OF  FEE  WAIVERS  APPROVED  TO  WAIVE  THE ENTIRE FEE FOR
 INSTALLING A SPEED LIMITER.
   (4) NUMBER OF INDIVIDUALS PUT ON A PAYMENT PLAN FOR THEIR SPEED  LIMI-
 TER.
   (5)  NUMBER OF SPEEDING TICKETS ISSUED TO INDIVIDUALS WITH SPEED LIMI-
 TERS INSTALLED.
   (6) NUMBER OF OTHER TRAFFIC LAW INFRACTIONS COMMITTED  BY  INDIVIDUALS
 WITH  SPEED LIMITERS INSTALLED, ORGANIZED BY CATEGORY OR TYPE OF TRAFFIC
 VIOLATION.
   (7) NUMBER OF REPORTED  ACCIDENTS  INVOLVING  INDIVIDUALS  WITH  SPEED
 LIMITERS INSTALLED.
   (8)  NUMBER  OF  KNOWN  INDIVIDUALS  WHO  HAVE  NOT  COMPLIED WITH THE
 PROVISIONS  OF  THIS  PARAGRAPH,  SEPARATED  BY  THREE  CATEGORIES:  NOT
 INITIALLY  INSTALLING A DEVICE AS REQUIRED, REMOVING THE DEVICE BEFORE A
 FOLLOW-UP INSPECTION, AND BEING CITED FOR NOT HAVING A  DEVICE  PROPERLY
 INSTALLED DURING A TRAFFIC STOP.
   (B)  SUCH  REPORT SHALL ALSO BE MADE PUBLICLY AVAILABLE ON THE DEPART-
 MENT OF TRANSPORTATION AND DEPARTMENT OF MOTOR VEHICLES WEBSITES.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law; provided, however, that subparagraph (iii) of para-
 graph 6 of subdivision (h) of section 1180 of the  vehicle  and  traffic
 law,  as  added  by  section two of this act, shall take effect one year
 after such effective date.