NY State Senate Bill 2017-S357

Senate Bill S357

2017-2018 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 - Stricken

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
Feb 28, 2017	recommit, enacting clause stricken
Jan 04, 2017	referred to transportation

2017-S357 (ACTIVE) - Details

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 2015-2016 Legislative Session:: S7776

2017-S357 (ACTIVE) - Summary

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

2017-S357 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S357

 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 15 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 :

2015-2016-S7776A

 FISCAL IMPLICATIONS :

To be Determined.

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

2017-S357 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    357
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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 (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00136-01-7

 S. 357                              2

 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.
   §  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:
   §  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.
   § 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

 S. 357                              3
 
 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.
   § 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.
   § 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:
   § 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:
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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