NY State Assembly Bill 2023-A9283A

Assembly Bill A9283A

2023-2024 Legislative Session

Relates to demonstration programs imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits in the town of Yorktown

download bill text pdf

Current Bill Status - In Assembly Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	print number 9283a
May 08, 2024	amend (t) and recommit to transportation
Feb 23, 2024	referred to transportation

Bill Amendments

Original

A (Active)

2023-A9283 - Details

See Senate Version of this Bill:: S9304
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-e, V & T L; amd §371-a, Gen Muni L

2023-A9283 - Summary

Authorizes the town of Yorktown, Westchester county, shall have the ability to install and operate photo speed violation monitoring systems within construction or maintenance work areas that fall within the border or jurisdiction of such municipality; makes related provisions.

2023-A9283 - Bill Text download pdf

                             
                     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.

2023-A9283A (ACTIVE) - Details

See Senate Version of this Bill:: S9304
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-e, V & T L; amd §371-a, Gen Muni L

2023-A9283A (ACTIVE) - Summary

2023-A9283A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9283--A
 
                           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  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 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 in the town of Yorktown, Westchester county;  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. This act shall be known and may be cited as "Jake's Law".
   §  2.  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.
                                                            LBD10952-04-4
 A. 9283--A                          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) THE TOWN OF YORKTOWN, WESTCHESTER COUNTY, WITH RESPECT TO HIGHWAYS
 IN  SUCH TOWN, BUT NOT INCLUDING STATE HIGHWAYS MAINTAINED BY THE STATE,
 MAY INSTALL AND OPERATE PHOTO SPEED VIOLATION  MONITORING  SYSTEMS:  (I)
 WHEN  HIGHWAY  CONSTRUCTION  OR MAINTENANCE WORK IS OCCURRING AND A WORK
 AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO  OF  SUBDIVI-
 SION  (D)  OR  SUBDIVISION  (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
 ARTICLE; OR (II) WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCUR-
 RING 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.
   §  3.  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.
   §  4.  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 two of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.

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