NY State Senate Bill 2015-S6913A

Senate Bill S6913A

2015-2016 Legislative Session

Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York

download bill text pdf

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2016	print number 6913a
Apr 06, 2016	amend (t) and recommit to transportation
Mar 04, 2016	referred to transportation

Bill Amendments

Original

A (Active)

2015-S6913 - Details

See Assembly Version of this Bill:: A9486
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §15, Chap 189 of 2013
Versions Introduced in 2017-2018 Legislative Session:: S358, A6446

2015-S6913 - Summary

Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York; eliminates the expiration and repeal of provisions of law authorizing the use of photo speed violation monitoring systems in school zones in such city.

2015-S6913 - Sponsor Memo

                                 BILL NUMBER:  S6913                 Revised 04/05/16

 TITLE OF BILL :

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 monitoring systems in school zones in the city of New York

 PURPOSE :

Eliminates the time of day limitations on the use of photo speed
violation monitoring systems in school zones in the city of New York

 SUMMARY OF PROVISIONS :

Sections 1, 2 and 3 amend Paragraph 1 of Subdivision (a) of Section
1180-b of the Vehicle and Traffic Law by removing temporal
restrictions upon when enforcement speed cameras may be operated
within a school zone in the City of New York.

Section 4 sets forth the effective date of the law.

 JUSTIFICATION :

In 2013, the Legislature approved a limited demonstration program to
be orchestrated by the City of New York, through which the New York

City Department of Transportation was authorized to install photo
speed monitoring enforcement systems (e.g., "speed cameras") within
some of the City's reduced speed school zones. However, this program
was limited to 140 cameras Citywide. Further, temporal restrictions
were placed on the operation of these cameras, limiting their use to
periods during school hours, as well as an hour before and after the
commencement of the school day, as well as during a period of student
activities at a school, as well as a half hour before and after this
activity period.

In its short history, this program has proven to be a success. Media
reports indicate that as the New York City Department of
Transportation installed speed cameras at particular intersections,
the rate of speeding at some locations has dropped more than sixty
percent. There is no question that speeding is the determining factor
in a large number of the traffic fatalities facing New York City
annually, including hit-and-run incidents. Further, accidents occur
constantly at dangerous intersections, and this reality does not
discriminate between schoolchildren and other pedestrians. Though the
financial cost of speed cameras to drivers could be high, the cost
involved with a persistent loss of life is a greater one. It is
sensible public policy to reduce traffic injuries and fatalities
through the expanded operation of speed cameras in New York City
school zones.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPACT :

TBD.

 EFFECTIVE DATE :
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
reversion of such paragraph pursuant to section 12 of chapter 43 of
the laws of 2014, as amended, when such date section two of this act
shall take effect; and provided, further, that the amendments to
section 1180-b of the vehicle and traffic law made by this act shall
not affect the expiration and repeal of such section and shall expire
and be deemed repealed therewith.

2015-S6913 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6913

                            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

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

  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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14489-01-6

S. 6913                             2

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-
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.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided that the amendments to paragraph 1 of subdi-
vision (a) of section 1180-b of the vehicle and  traffic  law,  made  by

S. 6913                             3

section  one  of this act, shall not affect the expiration and reversion
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;  and provided, further, that the amendments to section 1180-b of
the vehicle and traffic law made by this act shall not affect the  expi-
ration  and  repeal  of  such  section  and  shall  expire and be deemed
repealed therewith.

2015-S6913A (ACTIVE) - Details

See Assembly Version of this Bill:: A9486
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §15, Chap 189 of 2013
Versions Introduced in 2017-2018 Legislative Session:: S358, A6446

2015-S6913A (ACTIVE) - Summary

2015-S6913A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6913A

 TITLE OF BILL :  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 monitoring 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

 PURPOSE :

Eliminates the time of day limitations on the use of photo speed
violation monitoring systems in school zones in the city of New York,
and makes permanent the photo speed monitoring program originally
established in the city of New York through the laws of 2013

 SUMMARY OF PROVISIONS :

Sections 1, 2 and 3 amend Paragraph 1 of Subdivision (a) of Section
1180-b of the Vehicle and Traffic Law by removing temporal
restrictions upon when enforcement speed cameras may be operated
within a school zone in the City of New York.

Section 4 amends the opening paragraph of Section 15 of Chapter 190 of
the laws of 2013 by removing the five-year expiration originally place
upon the demonstration program originally adopted by the Legislature.

Section 5 sets forth the effective date of the legislation.

 JUSTIFICATION :

In 2013, the Legislature approved a limited demonstration program to
be orchestrated by the City of New York, through which the New York
City Department of Transportation was authorized to install photo
speed monitoring enforcement systems (e.g., "speed cameras") within
some of the City's reduced speed school zones. However, this program
was limited to 140 cameras Citywide. Further, temporal restrictions
were placed on the operation of these cameras, limiting their use to
periods during school hours, as well as an hour before and after the
commencement of the school day, as well as during a period of student
activities at a school, as well as a half hour before and after this
activity period.

In its short history, this program has proven to be a success. Media
reports indicate that as the New York City Department of
Transportation installed speed cameras at particular intersections,
the rate of speeding at some locations has dropped more than sixty
percent. There is no question that speeding is the determining factor
in a large number of the traffic fatalities facing New York City
annually, including hit-and-run incidents. Further, accidents occur
constantly at dangerous intersections, and this reality does not
discriminate between schoolchildren and other pedestrians. Though the
financial cost of speed cameras to drivers could be high, the cost
involved with a persistent loss of life is a greater one. It is
sensible public policy to reduce traffic injuries and fatalities
through the expanded operation of speed cameras in New York City
school zones.

Given the great success of the demonstration program to date, it is
also sensible to make permanent the provisions relative to the use of
speed camera enforcement technologies in New York City.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPACT :

TBD.

 EFFECTIVE DATE :
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
reversion 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.

2015-S6913A (ACTIVE) - Bill Text download pdf

                            
                    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.

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