S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6677
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2017
                                ___________
 
 Introduced  by M. of A. GLICK, GOTTFRIED, COOK, DINOWITZ, SIMON, BARRON,
   SEPULVEDA, DICKENS, SEAWRIGHT, D'URSO, BLAKE, THIELE -- read once  and
   referred 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; 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; and to repeal subdivi-
   sion  (j) of section 1180-b of the vehicle and traffic law relating to
   adjudications by the New York city parking violations bureau
 
   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

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

                                                            LBD00134-02-7

 A. 6677                             2

 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.  A  PHOTO  SPEED  VIOLATION  MONITORING SYSTEM SHALL NOT BE
 INSTALLED ON A CONTROLLED-ACCESS  HIGHWAY  EXIT  RAMP  OR  WITHIN  THREE
 HUNDRED  FEET  ALONG  A  HIGHWAY  THAT CONTINUES FROM THE END OF A CONT-
 ROLLED-ACCESS HIGHWAY EXIT RAMP.
   § 2. Paragraph 2 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:
   2.  No  photo  speed  violation  monitoring  system shall be used in a
 school speed zone unless (i) on the day it is to be used it has success-
 fully passed a self-test of its functions; and (ii) it has undergone  an
 annual  calibration  check  performed pursuant to paragraph four of this
 subdivision. The city [may] SHALL install signs  giving  notice  that  a
 photo  speed  violation  monitoring  system  is  in use to be mounted on
 advance warning signs notifying motor vehicle operators of such upcoming
 school speed zone and/or on  speed  limit  signs  applicable  within  OR
 APPROACHING such school speed zone, PROVIDED THAT SUCH SPEED LIMIT SIGNS
 SHALL BE NO MORE THAN THREE HUNDRED FEET FROM SUCH SCHOOL SPEED ZONE, in
 conformance with standards established in the MUTCD.
   §  3.  Paragraph 4 of subdivision (c) 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:
   4. "school speed zone" shall mean a RADIAL distance not to exceed  one
 thousand  three hundred twenty feet [on a highway passing] FROM a school
 building, entrance or exit [of a school abutting on the highway].
   § 4. Subdivision (j) of section 1180-b of the vehicle and traffic  law
 is  REPEALED, and subdivisions (k), (l), (m), (n) and (o) are relettered
 subdivisions (j), (k), (l), (m) and (n).
   § 5. Paragraphs 2 and 3 of subdivision (j) of section  1180-b  of  the
 vehicle and traffic law, as added by chapter 189 of the laws of 2013 and
 such  subdivision as relettered by section four of this act, are amended
 to read as follows:
   2. Failure to comply with subparagraph (ii) of paragraph [(a)] ONE  of
 this   subdivision  shall  render  the  owner  liable  for  the  penalty
 prescribed in this section.
   3. Where the lessor complies with the provisions  of  paragraph  [(a)]
 ONE  of this subdivision, the lessee of such vehicle on the date of such
 violation shall be deemed to be the owner of such vehicle  for  purposes
 of this section, shall be subject to liability for such violation pursu-

 A. 6677                             3
 
 ant  to this section and shall be sent a notice of liability pursuant to
 subdivision [nine] (G) of this section.
   §  6. 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:
   §  7.  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.
   § 8. 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)
 OF THIS SECTION 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  travel-
 ing  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 monitor-
 ing 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  subdivi-
 sion  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
 article.
   § 9. 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.

 A. 6677                             4
 
   § 10. 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
 and  such  subdivision  as  relettered  by  section four of this act, 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:
   §  11.  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, FURTHER, that:
   § 12. This act shall take effect immediately.