S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4010
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  increasing
   the  number  of  photo speed violation monitoring systems in a highway
   construction or maintenance work area; and to amend chapter 421 of the
   laws of 2021 amending the vehicle and  traffic  law  and  the  general
   municipal law relating to certain notices of liability, in relation to
   making such provisions permanent
 
   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 amended 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
 the commissioner to install photo  speed  violation  monitoring  systems
 within  no  more than [twenty] FORTY 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 main-
 tenance work is occurring and a work area speed limit is  in  effect  as
 provided  in  paragraph  two  of  subdivision  (d) or subdivision (f) of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06973-01-5
              

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 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, 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 high-
 way construction or maintenance work area. A photo speed violation moni-
 toring  system shall not be installed or operated 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  the  chair  to
 install  photo  speed  violation  monitoring systems within no more than
 [ten] TWENTY 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 subdivi-
 sion (d) or subdivision (f) of section eleven  hundred  eighty  of  this
 article  or (iv) when highway construction or maintenance work is occur-
 ring 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 chair, in consultation with the superinten-
 dent of the division of state police, shall determine  the  location  of
 the  highway construction or maintenance work areas located on the thru-
 way 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 chair shall consider criteria including, but  not  limited  to,  the
 speed data, crash history, and roadway geometry applicable to such high-
 way construction or maintenance work area. A photo speed violation moni-
 toring system shall not be installed or operated on a thruway exit ramp.
   §  2. Section 16 of chapter 421 of the laws of 2021 amending the vehi-
 cle and traffic law and the general municipal law  relating  to  certain
 notices of liability, is amended to read as follows:
   §  16.  This act shall take effect on the thirtieth day after it shall
 have become a law; [provided, however, that sections  twelve,  thirteen,
 fourteen  and  fifteen of this act shall expire and be deemed repealed 5
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 years after such effective date when upon such date the  provisions   of
 such  sections  shall be deemed repealed;] provided that effective imme-
 diately, 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[;
 and provided further, that:
   (a)  the  amendments  to  the  opening  paragraph and paragraph (c) of
 subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
 section  eight  of  this  act  shall  not  affect the expiration of such
 section and shall be deemed to expire therewith, when upon such date the
 provisions of section eight-a of this act shall take effect;
   (b) the amendments to the  opening  paragraph  and  paragraph  (c)  of
 subdivision  1  of  section  1809 of the vehicle and traffic law made by
 section eight-a of this act shall not  affect  the  expiration  of  such
 section and shall be deemed to expire therewith, when upon such date the
 provisions of section eight-b of this act shall take effect;
   (c) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made  by  section eight-b of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section eight-c of this act shall  take
 effect;
   (d) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made  by  section eight-c of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section eight-d of this act shall  take
 effect;
   (e) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made  by  section eight-d of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section eight-e of this act shall  take
 effect;
   (f) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made  by  section eight-e of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section eight-f of this act shall  take
 effect;
   (g) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made  by  section eight-f of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section eight-g of this act shall  take
 effect; and
   (h) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made  by  section eight-g of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section eight-h of this act shall  take
 effect].
   § 3. This act shall take effect immediately.