S T A T E O F N E W Y O R K
________________________________________________________________________
7798--C
2017-2018 Regular Sessions
I N A S S E M B L Y
May 15, 2017
___________
Introduced by M. of A. GLICK, VANEL, ORTIZ, DenDEKKER, CYMBROWITZ,
QUART, BARRON, WILLIAMS, HEVESI, SIMON, THIELE, L. ROSENTHAL, COOK,
GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE, DE LA ROSA, DINOWITZ,
DICKENS, SEAWRIGHT, JAFFEE, MOSLEY, AUBRY, BICHOTTE, KIM, RIVERA,
SIMOTAS, PICHARDO, ROZIC, BENEDETTO, TITUS, PELLEGRINO, PAULIN,
TAYLOR, ARROYO, ESPINAL -- Multi-Sponsored by -- M. of A. GALEF, HYND-
MAN, LENTOL -- read once and referred to the Committee on Transporta-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- recommitted to the Committee on Transporta-
tion in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to photo speed
violation monitoring systems in school speed zones in the city of New
York; to amend 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 making technical
corrections thereto; 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 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11514-14-8
A. 7798--C 2
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] SUCH 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 OF NEW YORK to install photo speed violation monitoring systems
within no more than [one hundred forty] TWO HUNDRED NINETY school speed
zones within [the] SUCH 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 imme-
diately after such student activities. In selecting a school speed zone
in which to install and operate a photo speed violation monitoring
system, the city OF NEW YORK shall consider criteria including, but not
limited to, the speed data, crash history, and the roadway geometry
applicable to such school speed zone. SUCH CITY SHALL PRIORITIZE THE
PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED
ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR
OPERATED 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 APPROACHING motor vehicle operators of
such upcoming school speed zone and/or on speed limit signs applicable
within such school speed zone, in conformance with standards established
in the MUTCD. SUCH ADVANCE WARNING SIGNS SHALL ALSO, TO THE EXTENT
AUTHORIZED BY THE MUTCD, CONTAIN THE WORDS "SPEED CAMERA AHEAD" AND BE
NO MORE THAN THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
§ 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:
A. 7798--C 3
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 (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:
(n) If the city adopts a demonstration program pursuant to subdivision
[one] (A) of this section it shall conduct a study and submit [a] AN
ANNUAL report on the results of the use of photo devices to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE
IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
Such report shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within the city, to the extent the information is maintained by the
department of motor vehicles of this state;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded within all school speed zones
within the city, in the aggregate on a daily, weekly and monthly basis;
5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the aggre-
gate on a daily, weekly and monthly basis;
6. the number of violations recorded within all school speed zones
within the city that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
10. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by the city in connection
with the program;
A. 7798--C 4
12. the expenses incurred by the city in connection with the program;
[and]
13. the quality of the adjudication process and its results; AND
14. THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
CRASHES.
§ 5. 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 SUCH SECTIONS 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 effec-
tive date, provided that:
§ 6. 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:
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] AND be deemed repealed
JULY 1, 2022; 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. Photo speed violation monitoring systems within the additional
150 school speed zones authorized for the city of New York by paragraph
1 of subdivision (a) of section 1180-b of the vehicle and traffic law,
as amended by section one of this act, shall be authorized to be
installed over the 3 year period following the effective date of this
act as follows:
(a) in no more than 50 school speed zones during the first such year;
(b) in no more than 50 additional school speed zones during the second
such year; and
(c) in no more than 50 additional school speed zones during the third
such year.
§ 8. This act shall take effect immediately; provided that the amend-
ments to section 1180-b of the vehicle and traffic law made by sections
one, two, three and four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; and provided further
that the amendments to paragraph 2 of subdivision (a) of section 1180-b
of the vehicle and traffic law made by section two of this act shall
take effect on the ninetieth day after this act shall have become a law.