S T A T E O F N E W Y O R K
________________________________________________________________________
9283
I N A S S E M B L Y
February 23, 2024
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of operator to comply with certain posted maxi-
mum speed limits; and to amend the general municipal law, in relation
to making technical corrections
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-e of the
vehicle and traffic law, as added by chapter 421 of the laws of 2021, is
amended to read as follows:
1. (A) Notwithstanding any other provision of law, the commissioner of
transportation 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 highway
construction or maintenance work area located on a controlled-access
highway (i) when highway construction or maintenance work is occurring
and a work area speed limit is in effect as provided in paragraph two of
subdivision (d) or subdivision (f) of section eleven hundred eighty of
this article or (ii) when highway construction or maintenance work is
occurring and other speed limits are in effect as provided in subdivi-
sion (b) or (g) or paragraph one of subdivision (d) of section eleven
hundred eighty of this article. Such demonstration program shall empower
the commissioner to install photo speed violation monitoring systems
within no more than twenty highway construction or maintenance work
areas located on controlled-access highways and to operate such systems
within such work areas (iii) when highway construction or maintenance
work is occurring and a work area speed limit is in effect as provided
in paragraph two of subdivision (d) or subdivision (f) of section eleven
hundred eighty of this article or (iv) when highway construction or
maintenance work is occurring and other speed limits are in effect as
provided in subdivision (b) or (g) or paragraph one of subdivision (d)
of section eleven hundred eighty of this article. The commissioner, in
consultation with the superintendent of the division of state police,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10952-03-3
A. 9283 2
shall determine the location of the highway construction or maintenance
work areas located on a controlled-access highway in which to install
and operate photo speed violation monitoring systems. In selecting a
highway construction or maintenance work area in which to install and
operate a photo speed violation monitoring system, the commissioner
shall consider criteria including, but not limited to, the speed data,
crash history, and roadway geometry applicable to such highway
construction or maintenance work area. A photo speed violation monitor-
ing system shall not be installed or operated on a controlled-access
highway exit ramp.
(B) COUNTIES, CITIES, TOWNS AND VILLAGES, WITH RESPECT TO HIGHWAYS IN
SUCH COUNTIES, CITIES, TOWNS AND VILLAGES, BUT NOT INCLUDING STATE HIGH-
WAYS MAINTAINED BY THE STATE, MAY INSTALL AND OPERATE PHOTO SPEED
VIOLATION MONITORING SYSTEMS: (I) WHEN HIGHWAY CONSTRUCTION OR MAINTE-
NANCE WORK IS OCCURRING AND A WORK AREA SPEED LIMIT IS IN EFFECT AS
PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE; OR (II) WHEN HIGHWAY
CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND OTHER SPEED LIMITS ARE
IN EFFECT AS PROVIDED IN SUBDIVISION (G) OR PARAGRAPH ONE OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
§ 2. Section 371-a of the general municipal law, as separately added
by chapters 421, 460 and 773 of the laws of 2021, is amended to read as
follows:
§ 371-a. Additional jurisdiction and procedure related to the adjudi-
cation of certain notices of liability. A traffic violations bureau
established pursuant to subdivision one and a traffic and parking
violations agency established pursuant to subdivision two of section
three hundred seventy-one of this article may be authorized to adjudi-
cate, in accordance with the provisions of this article, the liability
of owners: (a) for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of the vehicle and traffic law; or (b) for violations of
section eleven hundred seventy-four of the vehicle and traffic law when
meeting a school bus marked and equipped as provided in subdivisions
twenty and twenty-one-c of section three hundred seventy-five of the
vehicle and traffic law imposed pursuant to a local law or ordinance
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with school bus red visual signals through
the installation and operation of school bus photo violation monitoring
systems, in accordance with article twenty-nine of the vehicle and traf-
fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of
section eleven hundred eighty of the vehicle and traffic law imposed
pursuant to a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
such posted maximum speed limits within a [highway] construction or
maintenance work area through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
[this chapter] THE VEHICLE AND TRAFFIC LAW.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments to section 1180-e of the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.