NY State Senate Bill 2023-S7621

Senate Bill S7621

2023-2024 Legislative Session

Relates to requiring the installation of intelligent speed assistance devices for repeated violation of maximum speed limits

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Current Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Aug 02, 2023	referred to rules

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2023-S7621 (ACTIVE) - Details

See Assembly Version of this Bill:: A7979
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §119-c, amd §1180, V & T L

2023-S7621 (ACTIVE) - Summary

Requires the installation of intelligent speed assistance devices if a driver accumulates eleven or more points on their driving record during an eighteen month period, or receives 6 speed camera or red light camera tickets during a twelve month period.

2023-S7621 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7621

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require drivers to install intelligent speed assistance devices in
their vehicles for at least twelve months if they consistently violate
maximum speed limits.

 
SUMMARY OF PROVISIONS:

Section 1 amends vehicle and traffic law by adding a new section 119-c,
defining an intelligent speed assistance device, also known as a "speed
limiter", which caps the speed of a vehicle at 5 miles per hour higher
than the speed limit.

Section 2 amends subdivision (h) of section 1180 of vehicle and traffic
law by adding a new paragraph 6 which would:

-Mandate the commissioner create a list of approved speed limiter
devices;

-Require individuals who accumulate eleven or more points on their driv-
ing record in 18 months to install a speed limiter device in any motor
vehicle owned or operated by them for twelve months or the period of
license suspension or revocation, whichever is later;

-Require the owner of a vehicle that accumulates 6 or more speed camera
violations or red light violations in 12 months to install a speed limi-
ter device in any motor vehicle owned or operated by them for twelve
months or the period of license suspension or revocation, whichever is
later;

-Require the commissioner to design an evaluation that ensures individ-
uals demonstrate safe driving practices during the period of speed limi-
ter installation, allowing the court to extend the installation period
by up to 36 months if safe driving practices were not followed;

-State that the individual bears responsibility for the cost of acquir-
ing a speed limiter. They may apply to the court to have this cost
waived or utilize a payment plan;

-Set a schedule for the installation and inspection of speed limiter
devices;

-Stipulate that driving without a mandated speed limiter or assisting
someone in doing so is a Class A misdemeanor;

-Exempt authorized emergency vehicles from the requirements of this
paragraph;

-Require the commissioner to issue a report on the efficacy of the speed
limiter program;
Section 3 sets the effective date.

 
JUSTIFICATION:

Speeding has severe consequences. For every 10 miles per hour of
increased speed, the risk of dying in a crash doubles. Speeding is a
contributing factor in thirty percent of all traffic fatalities. The
percent of pedestrian crashes where speed plays a key role has also
increased, while pedestrian deaths from vehicles overall has risen by 51
to 87 percent in the ten year span between 2009 and 2019. In the first
three months of 2023, 51 people were killed in NYC alone by vehicles.

Drivers in New York who constantly drive dangerously and speed must be
held accountable. This bill would ensure that the most reckless drivers
in our state, individuals consistently racking up points, speed camera
violations, and red light violations, do not continue to endanger pedes-
trians, cyclists, other drivers, and our communities.  Requiring these
individuals to have speed limiter devices in their vehicles would great-
ly improve street safety. Speed limiters have been shown to reduce traf-
fic deaths by 37 percent. When NYC instituted a pilot program for munic-
ipal vehicles, hard-braking incidents dropped by 36 percent, and these
vehicles followed the speed limit 99 percent of the time.

By requiring drunk drivers to have an Ignition Interlocking Device
installed, preventing their cars from starting unless sober, New York
has already demonstrated a willingness to take reasonable precautions
when drivers violate the law and represent a danger to themselves and
others. This bill builds on the successful IID program and recognizes
the danger perennial speeding drivers pose to our communities.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act will take effect on the sixtieth day after it becomes law.
However, subparagraph (iii) of paragraph 6 of subdivision (h) of section
1180 of the vehicle and traffic law, as added by section two of this
act, will take effect one year after the effective date.

2023-S7621 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7621
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              August 2, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7621                             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.
 S. 7621                             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.

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