S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2299
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER, SEAWRIGHT, HEVESI, SIMONE, SIMON,
   GONZALEZ-ROJAS, SHIMSKY, TAPIA, RAGA, KELLES, R. CARROLL, SHRESTHA  --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05518-01-5
              

 A. 2299                             2
 
 REQUIRED TO INSTALL A SPEED LIMITER ON ANY  MOTOR  VEHICLE  OPERATED  BY
 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.
 A. 2299                             3

 THE DEVICE SHALL SUBSEQUENTLY BE INSPECTED EVERY SIXTY DAYS TO DETERMINE
 CONTINUED COMPLIANCE.
   (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.