S T A T E O F N E W Y O R K
________________________________________________________________________
6913--A
I N S E N A T E
March 4, 2016
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to eliminating
the time of day restrictions on the use of photo speed violation moni-
toring systems in school zones in the city of New York; and to amend
chapter 189 of the laws of 2013 amending the vehicle and traffic law
and the public officers law relating to establishing in a city with a
population of one million or more a demonstration program implementing
speed violation monitoring systems in school speed zones by means of
photo devices, in relation to eliminating the expiration and repeal of
the provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as amended by chapter 43 of the laws of 2014,
is amended to read as follows:
1. Notwithstanding any other provision of law, the city of New York 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 school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs one and two of subdivision (c) of section eleven hundred eighty
of this article or (ii) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article [during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities]. Such demonstration program shall empower
the city to install photo speed violation monitoring systems within no
more than one hundred forty school speed zones within the city at any
one time and to operate such systems within such zones (iii) when a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14489-02-6
S. 6913--A 2
school speed limit is in effect as provided in paragraphs one and two of
subdivision (c) of section eleven hundred eighty of this article or (iv)
when other speed limits are in effect as provided in subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this article [during
the following times: (A) on school days during school hours and one hour
before and one hour after the school day, and (B) a period during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student activ-
ities]. In selecting a school speed zone in which to install and operate
a photo speed violation monitoring system, the city shall consider
criteria including, but not limited to the speed data, crash history,
and the roadway geometry applicable to such school speed zone.
S 2. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
1. Notwithstanding any other provision of law, the city of New York 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 school speed zone within
the city (i) when a school speed limit is in effect as provided in para-
graphs one and two of subdivision (c) of section eleven hundred eighty
of this article or (ii) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article [during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities]. Such demonstration program shall empower
the city to install photo speed violation monitoring systems within no
more than twenty school speed zones within the city at any one time and
to operate such systems within such zones (iii) when a school speed
limit is in effect as provided in paragraphs one and two of subdivision
(c) of section eleven hundred eighty of this article or (iv) when other
speed limits are in effect as provided in subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this article [during the follow-
ing times: (A) on school days during school hours and one hour before
and one hour after the school day, and (B) a period during student
activities at the school and up to thirty minutes immediately before and
up to thirty minutes immediately after such student activities]. In
selecting a school speed zone in which to install and operate a photo
speed violation monitoring system, the city shall consider criteria
including, but not limited to the speed data, crash history, and the
roadway geometry applicable to such school speed zone.
S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law,
as added by chapter 189 of the laws of 2013, is amended to read as
follows:
(b) If the city of New York establishes a demonstration program pursu-
ant to subdivision (a) of this section, the owner of a vehicle shall be
liable for a penalty imposed pursuant to this section if such vehicle
was used or operated with the permission of the owner, express or
implied, within a school speed zone in violation of subdivision (c) [or
during the times authorized pursuant to subdivision (a)] of this section
in violation of subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article, such vehicle was traveling at a speed of
more than ten miles per hour above the posted speed limit in effect
within such school speed zone, and such violation is evidenced by infor-
S. 6913--A 3
mation obtained from a photo speed violation monitoring system; provided
however that no owner of a vehicle shall be liable for a penalty imposed
pursuant to this section where the operator of such vehicle has been
convicted of the underlying violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article.
S 4. The opening paragraph of section 15 of chapter 189 of the laws
of 2013 amending the vehicle and traffic law and the public officers law
relating to establishing in a city with a population of one million or
more a demonstration program implementing speed violation monitoring
systems in school speed zones by means of photo devices is amended to
read as follows:
S 15. This act shall take effect on the thirtieth day after it shall
have become a law [and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed
repealed]; [and] provided [further] that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided FURTHER that:
S 5. This act shall take effect immediately, except that sections one
and three of this act shall take effect on the thirtieth day after it
shall have become a law; provided that the amendments to paragraph 1 of
subdivision (a) of section 1180-b of the vehicle and traffic law, made
by section one of this act, shall not affect the expiration and rever-
sion of such paragraph pursuant to section 12 of chapter 43 of the laws
of 2014, as amended, when upon such date section two of this act shall
take effect.