NY State Senate Bill 2023-S9884

Senate Bill S9884

2023-2024 Legislative Session

Requires at least two photo speed violation monitoring systems in highway construction or maintenance work areas located on a controlled-access highway or on the thruway

download bill text pdf

Current Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2024	referred to rules

2023-S9884 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-e, V & T L

2023-S9884 (ACTIVE) - Summary

Requires at least two photo speed violation monitoring systems in highway construction or maintenance work areas located on a controlled-access highway or on the thruway.

2023-S9884 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9884           Revised 8/5/2024

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring at
least two photo speed violation monitoring systems in highway
construction or maintenance work areas located on a controlled-access
highway or on the thruway

 
PURPOSE:

The bill would require at least two photo speed violation monitoring
systems in work zone areas located on a controlled-access highway or on
the thruway.

 
SUMMARY OF PROVISIONS:

Section 1: removes selecting a highway construction or maintenance work
area in which to install and operate a photo speed violation monitoring
system.

The chair of the thruway authority is authorized to establish a demon-
stration program that shall require the installation of at least two
photo speed violation monitoring systems within highway construction or
maintenance work areas located on the thruway.

Section 2: This act shall take effect on the ninetieth day after it
shall have become a law; provided, however, that the amendments t o
section 19 1180e of the vehicle and traffic law made by section one of
this act 20 shall not affect the repeal of such section and shall be
deemed repealed 21 therewith. Effective immediately, the addition,
amendment, and/or 22 repeal of any rule or regulation necessary for the
implementation of 23 this act on its effective date are authorized to be
made and completed 24 on or before such effective date

 
JUSTIFICATION:

The five-year Automated Work Zone Speed Enforcement (AWZSE) program,
overseen by the New York State Department of Transportation (DOT ) and
the Thruway Authority, began in May 2023. The program has already iden-
tified over 130,000 speeding violations in work zones statewide.
Currently, law limits the installation of these monitoring systems to a
maximum of ten sites on the thruway, operational only when construction
is underway, and a work zone speed limit is in effect. This restriction
leaves many work sites unmonitored, increasing the risk of accidents and
injuries for both drivers and construction workers.

The proposed amendment to the legislation addresses this issue by elimi-
nating the option for the chair of the Thruway Authority to in stall a
limited number of photo speed violation monitoring systems.  Instead, it
mandates the installation of at least two such system s in highway
construction or maintenance work areas located on controlled-access
highways or the thruway.  Highway and Thruway construction and mainte-
nance zones are particularly hazardous for workers due to the high
speeds of passing vehicles. Additionally, with current shortages in the
police force, it's less likely that officers can be stationed at every
work zone. By mandating the installation of two photo speed violation
monitoring systems in each work zone, the bill aims to deter speeding
and reduce the risk of accidents and injuries, even in the absence of a
physical police presence at every site.

Overall, this legislation represents a proactive effort to enhance safe-
ty in highway construction and maintenance zones. By mandating the
installation of at least two photo speed violation monitoring systems in
each work area, it demonstrates a strong commitment to protecting both
workers and drivers. This measure not only aims to prevent accidents and
injuries but also promotes a culture of cautious and responsible driving
in areas where the safety of road workers is critical.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that the amendments to section 1 9
1180-e of the vehicle and traffic law made by section one of this act 20
shall not affect the repeal of such section and shall be deemed repealed
21 therewith. Effective immediately, the addition, amendment, and/or 22
repeal of any rule or regulation necessary for the implementation of 23
this act on its effective date are authorized to be made and completed
24 on or before such effective date

2023-S9884 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9884
 
                             I N  S E N A T E
 
                               July 31, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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 at
   least  two  photo  speed  violation  monitoring  systems  in   highway
   construction  or maintenance work areas located on a controlled-access
   highway or on the thruway

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs 1 and 2 of subdivision (a) of section 1180-e of
 the vehicle and traffic law, as added by chapter  421  of  the  laws  of
 2021, are amended to read as follows:
   1.  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] REQUIRE the commissioner to install AT LEAST TWO  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15905-01-4
 S. 9884                             2
 
 of the division of state police, 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  moni-
 toring  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 monitoring system shall not be installed or  oper-
 ated on a controlled-access highway exit ramp.
   2.  Notwithstanding any other provision of law, after holding a public
 hearing in accordance  with  the  public  officers  law  and  subsequent
 approval  of  the establishment of a demonstration program in accordance
 with this section by a majority of the members of the  entire  board  of
 the  thruway  authority,  the  chair  of the thruway authority 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  the  thruway  (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 subdivision (b) or (g) or
 paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
 this  article.  Such  demonstration  program shall [empower] REQUIRE the
 chair to install AT LEAST TWO photo speed violation  monitoring  systems
 within [no more than ten] highway construction or maintenance work areas
 located  on  the  thruway  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 subdivi-
 sion (b) or (g) or paragraph one of subdivision (d)  of  section  eleven
 hundred  eighty  of  this  article.  The chair, in consultation with the
 superintendent of the division of  state  police,  shall  determine  the
 location  of  the highway construction or maintenance work areas located
 on the thruway 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  moni-
 toring  system,  the  chair  shall  consider criteria including, but not
 limited to, the speed data, crash history, and roadway geometry applica-
 ble to such highway construction or  maintenance  work  area.]  A  photo
 speed  violation monitoring system shall not be installed or operated on
 a thruway exit ramp.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided, however, 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.    Effective  immediately,  the  addition,  amendment, and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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