NY State Senate Bill 2025-S4045

Senate Bill S4045

2025-2026 Legislative Session

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

download bill text pdf

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 31, 2025	referred to transportation

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2025-S4045 (ACTIVE) - Details

See Assembly Version of this Bill:: A2299
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §119-c, amd §1180, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S7621, A7979

2025-S4045 (ACTIVE) - Summary

Requires the installation of intelligent speed assistance devices if a driver accumulates eleven or more points on their driving record during a 24 month period, or receives 6 speed camera or red light camera tickets during a twelve month period.

2025-S4045 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4045

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:

- Requires individuals who accumulate eleven or more points on their
driving record in 24 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;

- Requires the owner of, a vehicle that accumulates 6 or more speed
camera violations or red light violations in 12 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, which-
ever is later;

- States that the individual bears responsibility for the cost of
acquiring a speed limiter, but they may have this cost waived or utilize
a payment plan if they are financially unable to afford the device;

- Mandates the commissioner create a list of approved speed limiter
devices capable of operating reliably across road and weather condi-
tions, as well as a list of qualified service providers to install,
service, inspect, and remove these devices which may include the network
of existing service providers utilized for servicing Ignition Interlock
Devices;

- Outlines the process for applying for the removal of the device,
which, similar to the process for individuals following license revoca-
tion, may include a road test, written test, and take into account a
driver's record

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

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


- Requires 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 ten miles per hour of
increased speed, the risk of dying in a crash doubles, and 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 rose by 51 to
87% in the ten year span between 2009 and 2019.

In 2022, 21% of fatal pedestrian crashes in NYC involved a vehicle that
got six or more speed or red light camera tickets the prior year.
Further, the 2024 NYC DOT Automated Speed Enforcement Program report
found a clear link between speed camera violations and the risk of being
involved in a serious crash. The numbers in the report are deeply alarm-
ing - an individual with 25 speed camera violations in a year is 15
times more likely to be involved in a fatal crash or a crash that
results in a severe injury.

Drivers across New York state 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
pedestrians, cyclists, other drivers, and our communities. Requiring
these individuals to have speed limiter devices in their vehicles would
greatly improve street safety. Speed limiters have been shown to reduce
traffic deaths by 37%, and when NYC instituted a pilot program for
municipal vehicles, hard-braking incidents dropped by 36%, with these
vehicles following the speed limit 99% 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 willfully violate the law and represent a danger to them-
selves and others. This bill builds on the successful IID program and
recognizes the danger perennial speeding drivers pose to our communi-
ties.

 
PRIOR LEGISLATIVE HISTORY:

2024: S7621 - Referred to Transportation

2023: S7621 - Referred to Transportation

 
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.

2025-S4045 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4045
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sens. GOUNARDES, COONEY, GIANARIS, GONZALEZ, HOYLMAN-SI-
   GAL, KRUEGER, MARTINEZ, SEPULVEDA -- read twice and  ordered  printed,
   and when printed to be committed 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 ANY VIOLATION OR  SET  OF  VIOLATIONS  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 TWENTY-FOUR
 MONTH PERIOD, THE COURT SHALL, IN ADDITION TO ANY OTHER FINES, IMPRISON-
 MENT, 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 OPER-
 ATED BY SUCH PERSON FOR A MINIMUM PERIOD OF TWELVE  MONTHS  OR  FOR  ANY
 PERIOD OF LICENSE SUSPENSION OR REVOCATION, WHICHEVER IS LATER.
   (II) WHERE A PERSON WHO HAS ACCUMULATED ELEVEN POINTS ON THEIR DRIVING
 RECORD  AS A RESULT OF ANY VIOLATION OR SET OF VIOLATIONS OF SUBDIVISION
 (B), (C), (D), (F), OR (G) OF THIS SECTION IN THE PRECEDING  TWENTY-FOUR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05518-02-5

 S. 4045                             2
 
 MONTH  PERIOD  DOES  NOT  APPEAR IN COURT, THE COMMISSIONER SHALL SEND A
 WRITTEN NOTICE, BY FIRST CLASS MAIL TO THE ADDRESS OF  SUCH   PERSON  ON
 FILE  WITH  THE  DEPARTMENT  OR  AT  THE CURRENT ADDRESS PROVIDED BY THE
 UNITED  STATES  POSTAL  SERVICE,  THAT  SUCH  PERSON IS REQUIRED TO 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 SUSPEN-
 SION OR REVOCATION, WHICHEVER IS LATER. THE PERSON SHALL  PROVIDE  PROOF
 OF  INSTALLATION  AS  OUTLINED IN SUBPARAGRAPH (VIII) OF THIS PARAGRAPH.
 IF THE PERSON FAILS TO PROVIDE SUCH PROOF OF INSTALLATION,  THE  COMMIS-
 SIONER  MAY  SUSPEND  THEIR LICENSE, MODIFY AN EXISTING ORDER OF SUSPEN-
 SION, OR MAY ORDER THE REVOCATION OF THEIR  LICENSE  OR  DRIVING  PRIVI-
 LEGES.
   (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  COMMISSIONER  SHALL  SEND    A    WRITTEN
 NOTICE, BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH  PERSON ON  FILE WITH
 THE  DEPARTMENT  OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED STATES
 POSTAL SERVICE, THAT SUCH PERSON IS REQUIRED TO HAVE INSTALLED AN INTEL-
 LIGENT 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.  THE NEW YORK CITY DEPARTMENT OF FINANCE AND ANY OTHER
 LOCAL AUTHORITIES COLLECTING INFORMATION RELATED TO NOTICES OF LIABILITY
 FOR FAILURE OF AN OPERATOR TO COMPLY WITH CERTAIN POSTED  MAXIMUM  SPEED
 LIMITS  THROUGH  A PHOTO SPEED VIOLATION-MONITORING SYSTEM OR FAILURE OF
 AN OPERATOR TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH USE OF  A
 TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICE SHALL REGULARLY
 PROVIDE THE COMMISSIONER WITH ANY AND ALL INFORMATION, DATA, OR DOCUMEN-
 TATION  WHICH  THE  COMMISSIONER  DEEMS NECESSARY TO IDENTIFY AND NOTIFY
 PERSONS WHO HAVE RECEIVED SUFFICIENT NOTICES OF LIABILITY TO REQUIRE THE
 INSTALLATION OF AN INTELLIGENT SPEED ASSISTANCE DEVICE.
   (IV) A PERSON WHO IS REQUIRED TO INSTALL A SPEED  LIMITER  UNDER  THIS
 PARAGRAPH  SHALL  REQUEST REMOVAL OF THE DEVICE FROM THE DEPARTMENT UPON
 THE END OF THEIR MANDATED PERIOD OF  USE  OF  THE  SPEED  LIMITER.  UPON
 RECEIVING  THIS  REQUEST,  THE  COMMISSIONER  MAY REQUIRE SUCH PERSON TO
 COMPLETE A WRITTEN DRIVING TEST AND A ROAD TEST ADMINISTERED PURSUANT TO
 SUBDIVISION FOUR OF SECTION FIVE HUNDRED TWO OF THIS  CHAPTER  PRIOR  TO
 HAVING THE INTELLIGENT SPEED ASSISTANCE DEVICE REMOVED. THE COMMISSIONER
 MAY  DENY  THE  REQUEST TO REMOVE THE DEVICE BASED UPON THE INDIVIDUAL'S
 PERFORMANCE ON THE WRITTEN DRIVING TEST, THE ROAD TEST, OR AS  A  RESULT
 OF THEIR DRIVING RECORD DURING THE PERIOD OF SPEED LIMITER USE.
   (V)  THE  COST  OF INSTALLING AND MAINTAINING A SPEED LIMITER SHALL BE
 BORNE BY THE PERSON SUBJECT TO SUCH CONDITION UNLESS THE  COURT  OR  THE
 COMMISSIONER DETERMINES 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 A QUALIFIED SERVICE PROVIDER, AS ESTABLISHED
 BY  SUBPARAGRAPH  (VII)  OF  THIS  PARAGRAPH. IF DEEMED TO BE IN WORKING
 ORDER AFTER BEING RETURNED TO A QUALIFIED SERVICE CENTER, THE DEVICE MAY
 BE INSTALLED ON ANY OTHER MOTOR VEHICLE REQUIRED TO HAVE A SPEED LIMITER
 INSTALLED.
 S. 4045                             3
 
   (VI) THE COMMISSIONER SHALL CREATE  A  LIST  OF  APPROVED  INTELLIGENT
 SPEED ASSISTANCE DEVICES.  APPROVED INTELLIGENT SPEED ASSISTANCE DEVICES
 MUST  BE  CAPABLE  OF  ACCURATELY DETECTING SPEED LIMITS ACROSS ROAD AND
 WEATHER CONDITIONS, AND THE COMMISSIONER MAY PROMULGATE  ANY  RULES  AND
 REGULATIONS NECESSARY TO FURTHER ENSURE THAT DEVICES OPERATE RELIABLY.
   (VII)  THE COMMISSIONER SHALL CREATE A LIST OF SERVICE PROVIDERS WHICH
 ARE QUALIFIED TO INSTALL, SERVICE, INSPECT, AND REMOVE APPROVED INTELLI-
 GENT   SPEED   ASSISTANCE   DEVICES.   THIS   LIST   MAY   INCLUDE   ANY
 INSTALLATION/SERVICE  PROVIDERS,  AS DEFINED IN 9 NYCRR 358.3, WHICH ARE
 APPROVED FOR THE INSTALLATION, SERVICING, AND REMOVAL OF IGNITION INTER-
 LOCK DEVICES INSTALLED PURSUANT TO SECTION ELEVEN  HUNDRED  NINETY-EIGHT
 OF THIS TITLE.
   (VIII) PROOF OF INSTALLATION OF A SPEED LIMITER REQUIRED UNDER SUBPAR-
 AGRAPH  (I)  OF  THIS PARAGRAPH SHALL OCCUR WITHIN TEN DAYS OF THE COURT
 ORDER.  IF A PERSON ORDERED TO HAVE A  SPEED  LIMITER  DEVICE  INSTALLED
 UNDER  SUBPARAGRAPH  (II) OR (III) OF THIS PARAGRAPH IS UNABLE TO FINAN-
 CIALLY AFFORD THE COST OF THE SPEED LIMITER, THEY MAY REQUEST  IN  WRIT-
 ING,  WITHIN TEN DAYS OF RECEIVING THE NOTIFICATION FROM THE COMMISSION-
 ER, A PAYMENT PLAN OR TO HAVE PAYMENT FOR THE DEVICE  WAIVED.  PROOF  OF
 INSTALLATION  OF  A  SPEED  LIMITER  REQUIRED UNDER THIS PARAGRAPH SHALL
 OCCUR WITHIN TEN DAYS OF RECEIVING A WRITTEN NOTICE OF  A  DETERMINATION
 FROM  THE  COMMISSIONER  AS  TO  WHETHER  SUCH  PERSON WILL BE GRANTED A
 PAYMENT PLAN OR HAVE PAYMENT FOR THE DEVICE WAIVED.  WITHIN THIRTY  DAYS
 AFTER  THE  INITIAL  INSTALLATION  OF  AN  INTELLIGENT  SPEED ASSISTANCE
 DEVICE, THE DEVICE SHALL BE INSPECTED BY A QUALIFIED SERVICE  CENTER  TO
 ENSURE THE DEVICE IS PROPERLY CALIBRATED AND INSTALLED.
   THE  DEVICE SHALL SUBSEQUENTLY BE INSPECTED EVERY SIXTY DAYS TO DETER-
 MINE CONTINUED COMPLIANCE.  THE COMMISSIONER MAY DETERMINE THE MANNER IN
 WHICH THEY ARE INFORMED BY QUALIFIED SERVICE  CENTERS  THAT  INSPECTIONS
 HAVE OCCURRED AND THAT DEVICES ARE PROPERLY INSTALLED AND MAINTAINED.
   (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.
   (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.
   (B) AS AVAILABLE TO THE COMMISSIONER,  THEY  SHALL  ALSO  INCLUDE  THE
 FOLLOWING  INFORMATION  ABOUT THE SPEED LIMITER PROGRAM UNDER THIS PARA-
 GRAPH:
   (1) NUMBER OF SPEEDING TICKETS ISSUED TO INDIVIDUALS WITH SPEED  LIMI-
 TERS INSTALLED.
   (2)  NUMBER  OF OTHER TRAFFIC LAW INFRACTIONS COMMITTED BY INDIVIDUALS
 WITH SPEED LIMITERS INSTALLED, ORGANIZED BY CATEGORY OR TYPE OF  TRAFFIC
 VIOLATION.
   (3)  NUMBER  OF  REPORTED  ACCIDENTS  INVOLVING INDIVIDUALS WITH SPEED
 LIMITERS INSTALLED.
   (4) NUMBER OF  KNOWN  INDIVIDUALS  WHO  HAVE  NOT  COMPLIED  WITH  THE
 PROVISIONS  OF  THIS  PARAGRAPH,  SEPARATED  BY  THREE  CATEGORIES:  NOT
 S. 4045                             4
 
 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.
   (C)  SUCH  REPORT SHALL ALSO BE MADE PUBLICLY AVAILABLE ON THE DEPART-
 MENT OF TRANSPORTATION AND DEPARTMENT OF MOTOR VEHICLES WEBSITES.
   (XI) THE COMMISSIONER MAY PROMULGATE ANY RULES AND REGULATIONS  NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
   §  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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