Senate Bill S7776A

2015-2016 Legislative Session

Relates to establishing photo speed monitoring systems in school speed zones; and the effectiveness thereof

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	print number 7776a
Jun 02, 2016	amend and recommit to transportation
May 12, 2016	referred to transportation

Bill Amendments

Original

A (Active)

2015-S7776 - Details

See Assembly Version of this Bill:: A9861
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §12, Chap 43 of 2014; amd §15, Chap 189 of 2013
Versions Introduced in 2017-2018 Legislative Session:: S357

2015-S7776 - Summary

Relates to establishing photo speed monitoring systems in school speed zones and to the effectiveness thereof.

2015-S7776 - Sponsor Memo

                                 BILL NUMBER:  S7776

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
establishing photo speed violation monitoring systems in school speed
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
people or more a demonstration program implementing speed violation
monitoring systems in school zones by means of photo devices and
chapter 43 of the laws of 2014, amending the vehicle and traffic law,
the public officers law and the general municipal law relating to
photo speed violation monitoring systems in school speed zones in the
city of New York, in relation to the effectiveness thereof

 PURPOSE OF BILL :

To reduce incidents of speeding in school zones in order to better
protect schoolchildren and other road users.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision (c) of section 1180 of the vehicle and
traffic law to remove specific day and time restrictions to school
speed zone limits.

Section 2 amends subdivision (a) of section 1180-b of the vehicle and
traffic law to remove references to a demonstration program and time
restrictions. This section is further amended to remove the cap of 140
cameras and allows New York City to install speed safety cameras in
any school speed zone in the city.

Section 3 amends section 12 of chapter 43 of the laws of 2014 so only
sections one through ten of the chapter expire 4 years after the
effective date.

Sections 4, 5, 6 and 7 amend section 1180-b of the vehicle and traffic
law to remove references to a demonstration program.

Section 8 amends section 1.5 of chapter 189 of the laws of 2013 to
remove the expiration date of the program.

Section 9 establishes the effective date.

 JUSTIFICATION :

Speeding motorists continue to put pedestrians, bicyclists and other
motorists in unnecessary danger in New York City. The New York City
Department of Transportation reports that the risk of pedestrian death
from being struck by a speeding vehicle increases from 5% at a speed
of 20 miles per hour to 45% at a speed of 30 miles per hour, a 900%
increase.

Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used
near schools in New York City at certain hours of the day. The data
from this demonstration program speaks for itself. The New York City
Department of Transportation reports that there has been a 60% drop in
speeding infractions in locations where speed safety cameras have been
installed. Furthermore, speed safety cameras were able to issue over 1
million infractions to motorists who were speeding near schools.

Currently, only 7% of New York City school children go to a school
with a speed safety camera nearby. It is time to expand this program

so that all schools can benefit from the enhanced safety that is
associated with having speed safety cameras nearby.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be Determined.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S7776 - Bill Text download pdf

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

                                  7776

                            I N  S E N A T E

                              May 12, 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 establishing
  photo speed violation monitoring systems in school speed zones in  the
  city of New York; and to amend chapter 189 of the laws of 2013, amend-
  ing  the  vehicle and traffic law and the public officers law relating
  to establishing in a city with a population of one million  people  or
  more  a  demonstration program implementing speed violation monitoring
  systems in school zones by means of photo devices and  chapter  43  of
  the  laws  of  2014,  amending the vehicle and traffic law, the public
  officers law and the general municipal law  relating  to  photo  speed
  violation  monitoring systems in school speed zones in the city of New
  York, in relation to the effectiveness 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 (c) of section 1180 of the
vehicle and traffic law, as added by chapter 563 of the laws of 2002, is
amended to read as follows:
  (1) [school days at] times indicated on the school  zone  speed  limit
sign[,  provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours]; or
  S 2. 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  mone-
tary  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 paragraphs 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

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

                                                           LBD14993-01-6

S. 7776                             2

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] ALL 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 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.
  S3.  The  opening paragraph of section 12 of chapter 43 of the laws of
2014, amending the vehicle and traffic law, the public officers law  and
the  general  municipal law relating to photo speed violation monitoring
systems in school speed zones in the city of New  York,  is  amended  to
read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF  THIS  ACT
shall  expire  4 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 that:
  S  4.  Subparagraph  (i)  of paragraph 5 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:
  (i)  Such [demonstration] program shall utilize necessary technologies
to ensure, to the  extent  practicable,  that  photographs,  microphoto-
graphs,  videotape or other recorded images produced by such photo speed
violation monitoring systems shall not include images that identify  the
driver,  the  passengers,  or  the  contents of the vehicle.   Provided,
however, that no notice of liability issued  pursuant  to  this  section
shall  be  dismissed  solely because such a photograph, microphotograph,
videotape or other recorded image allows for the identification  of  the
driver, the passengers, or the contents of vehicles where the city shows
that  it  made  reasonable efforts to comply with the provisions of this
paragraph in such case.
  S 5. 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
pursuant 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

S. 7776                             3

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
information  obtained  from  a  photo speed violation monitoring system;
provided however that no owner of a vehicle shall be liable for a penal-
ty 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 6. Subdivision (f) 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:
  (f)  An  imposition  of  liability  under  the [demonstration] program
established pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the operating  record  of  the
person  upon  whom  such  liability  is imposed nor shall it be used for
insurance purposes in the provision of motor vehicle insurance coverage.
  S 7. The opening paragraph of subdivision (n) 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:
  If the city adopts a [demonstration] program pursuant to [subdivision]
PARAGRAPH one of SUBDIVISION (A) OF this  section  it  shall  conduct  a
study  and submit a report on the results of the use of photo devices to
the governor, the temporary president of the senate and the  speaker  of
the assembly. Such report shall include:
  S 8. 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
people  or  more  a  demonstration  program implementing speed violation
monitoring systems in school zones by means of photo devices, is amended
to read as follows:
  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 that:
  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

2015-S7776A (ACTIVE) - Details

See Assembly Version of this Bill:: A9861
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §12, Chap 43 of 2014; amd §15, Chap 189 of 2013
Versions Introduced in 2017-2018 Legislative Session:: S357

2015-S7776A (ACTIVE) - Summary

Relates to establishing photo speed monitoring systems in school speed zones and to the effectiveness thereof.

2015-S7776A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7776A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to
establishing photo speed violation monitoring systems in school speed
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
people or more a demonstration program implementing speed violation
monitoring systems in school zones by means of photo devices and
chapter 43 of the laws of 2014, amending the vehicle and traffic law,
the public officers law and the general municipal law relating to
photo speed violation monitoring systems in school speed zones in the
city of New York, in relation to the effectiveness thereof

 PURPOSE OF BILL :

To reduce incidents of speeding in school zones in order to better
protect schoolchildren and other road users.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision (a) of section 1180-b of the vehicle and
traffic law to remove references to a demonstration program and time
restrictions. This section is further amended to remove the cap of 140

cameras and allows New York City to install speed safety cameras in
any school speed zone in the city.

Section 2 amends section 12 of chapter 43 of the laws of 2014 so only
sections one through ten of the chapter expire 4 years after the
effective date.

Section 3, 4, 5 and 6 amend section 1180-b of the vehicle and traffic
law to remove references to a demonstration program.

Section 7 amends section 15 of chapter 189 of the laws of 2013 to
remove the expiration date of the program.

Section 8 establishes the effective date.

 JUSTIFICATION :

Speeding motorists continue to put pedestrians, bicyclists and other
motorists in unnecessary danger in New York City. The New York City
Department of Transportation reports that the risk of pedestrian death
from being struck by a speeding vehicle increases from 5% at a speed
of 20 miles per hour to 45% at a speed of 30 miles per hour, a 900%
increase.

Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used
near schools in New York City at certain hours of the day. The data
from this demonstration program speaks for itself. The New York City
Department of Transportation reports that there has been a 60% drop in
speeding infractions in locations where speed safety cameras have been
installed. Furthermore, speed safety cameras were able to issue over 1
million infractions to motorists who were speeding near schools.

Currently, only 7% of New York City school children go to a school
with a speed safety camera nearby. It is time to expand this program
so that all schools can benefit from the enhanced safety that is
associated with having speed safety cameras nearby.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be Determined.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S7776A (ACTIVE) - Bill Text download pdf

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

                                 7776--A

                            I N  S E N A T E

                              May 12, 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 establishing
  photo speed violation monitoring systems in school speed zones in  the
  city of New York; and to amend chapter 189 of the laws of 2013, amend-
  ing  the  vehicle and traffic law and the public officers law relating
  to establishing in a city with a population of one million  people  or
  more  a  demonstration program implementing speed violation monitoring
  systems in school zones by means of photo devices and  chapter  43  of
  the  laws  of  2014,  amending the vehicle and traffic law, the public
  officers law and the general municipal law  relating  to  photo  speed
  violation  monitoring systems in school speed zones in the city of New
  York, in relation to the effectiveness 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 mone-
tary 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 paragraphs 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

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

                                                           LBD14993-03-6

S. 7776--A                          2

systems  within  [no more than one hundred forty] ALL 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 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  2. The opening paragraph of section 12 of chapter 43 of the laws of
2014, amending the vehicle and traffic law, the public officers law  and
the  general  municipal law relating to photo speed violation monitoring
systems in school speed zones in the city of New  York,  is  amended  to
read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF  THIS  ACT
shall  expire  4 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 that:
  S  3.  Subparagraph  (i)  of paragraph 5 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:
  (i)  Such [demonstration] program shall utilize necessary technologies
to ensure, to the  extent  practicable,  that  photographs,  microphoto-
graphs,  videotape or other recorded images produced by such photo speed
violation monitoring systems shall not include images that identify  the
driver,  the  passengers,  or  the  contents of the vehicle.   Provided,
however, that no notice of liability issued  pursuant  to  this  section
shall  be  dismissed  solely because such a photograph, microphotograph,
videotape or other recorded image allows for the identification  of  the
driver, the passengers, or the contents of vehicles where the city shows
that  it  made  reasonable efforts to comply with the provisions of this
paragraph in such case.
  S 4. 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
pursuant 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
information obtained from a photo  speed  violation  monitoring  system;
provided however that no owner of a vehicle shall be liable for a penal-

S. 7776--A                          3

ty  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 5. Subdivision (f) 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:
  (f) An imposition  of  liability  under  the  [demonstration]  program
established pursuant to this section shall not be deemed a conviction as
an  operator  and  shall not be made part of the operating record of the
person upon whom such liability is imposed nor  shall  it  be  used  for
insurance purposes in the provision of motor vehicle insurance coverage.
  S 6. The opening paragraph of subdivision (n) 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:
  If  the  city adopts a [demonstration] program pursuant to subdivision
[one of] (A) OF this section it shall  conduct  a  study  and  submit  a
report  on  the results of the use of photo devices to the governor, the
temporary president of the senate and the speaker of the assembly.  Such
report shall include:
  S 7. 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
people  or  more  a  demonstration  program implementing speed violation
monitoring systems in school zones by means of photo devices, is amended
to read as follows:
  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 that:
  S 8. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7776A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2015-S7776 - Details

2015-S7776 - Summary

2015-S7776 - Sponsor Memo

2015-S7776 - Bill Text download pdf

2015-S7776A (ACTIVE) - Details

2015-S7776A (ACTIVE) - Summary

2015-S7776A (ACTIVE) - Sponsor Memo

2015-S7776A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

2015-S7776 - Details

2015-S7776 - Summary

2015-S7776 - Sponsor Memo

2015-S7776 - Bill Text download pdf

2015-S7776A (ACTIVE) - Details

2015-S7776A (ACTIVE) - Summary

2015-S7776A (ACTIVE) - Sponsor Memo

2015-S7776A (ACTIVE) - Bill Text download pdf

Comments