Assembly Bill A11042

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11042
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Rozic) --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to enacting the
   "FURIOUS Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This act shall be known and may be cited as the "Fighting
 Underground Racing In Our Streets Act" or "The FURIOUS Act."
   § 2. Paragraph 1 of subdivision (a) of section 1180-b of  the  vehicle
 and  traffic  law,  as  amended  by  chapter  30 of the laws of 2019, is
 amended and a new paragraph 1-a is added 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
 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 weekdays between the hours of six o'clock A.M.
 and ten o'clock P.M., EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH ONE-A OF
 THIS SUBDIVISION. Such demonstration program shall empower the  city  of
 New  York  to install photo speed violation monitoring systems within no
 more than seven hundred fifty school speed zones within 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  week-
 days  between the hours of six o'clock A.M. and ten o'clock P.M., EXCEPT
 AS OTHERWISE PROVIDED IN PARAGRAPH ONE-A OF THIS SUBDIVISION. In select-
 ing a school speed zone in which to install and operate  a  photo  speed
 violation  monitoring system, the city of New York shall consider crite-
 ria including, but not limited to, the speed data,  crash  history,  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17288-02-0

 A. 11042                            2
 
 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 controlled-access highway exit ramp.
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW  YORK
 IS HEREBY AUTHORIZED TO OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS
 AT  ANY TIME IN A SCHOOL SPEED ZONE WHICH THE CITY OF NEW YORK HAS IDEN-
 TIFIED AS AN AREA OF SPECIAL CONCERN FOR  ILLEGAL  STREET  RACING  BASED
 UPON  REPORTS OF THE OCCURRENCE OF SPEED CONTESTS AND RACES, PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTY-TWO OF THIS ARTICLE,  WITHIN  SUCH  SCHOOL
 SPEED  ZONE. THE CITY OF NEW YORK MAY ONLY OPERATE SUCH SYSTEMS PURSUANT
 TO THIS PARAGRAPH UPON A RESOLUTION IN FAVOR ADOPTED BY  A  MAJORITY  OF
 THE MEMBERS OF THE COMMUNITY BOARD THAT REPRESENTS THE DISTRICT IN WHICH
 SUCH SCHOOL SPEED ZONE IS LOCATED, AFTER SUCH COMMUNITY BOARD CONDUCTS A
 PUBLIC HEARING.
   §  3. Subdivision 1 of section 1182 of the vehicle and traffic law, as
 amended by section 9 of part C of chapter 62 of the  laws  of  2003,  is
 amended to read as follows:
   1.  Except  as provided in section eleven hundred eighty-two-a of this
 article or  section  sixteen  hundred  thirty,  sixteen  hundred  forty,
 sixteen  hundred  forty-two or sixteen hundred sixty of this chapter, no
 races, exhibitions or contests of speed shall  be  held  and  no  person
 shall  engage  in  or  aid  or  abet in any motor vehicle or other speed
 contest or exhibition of speed on a highway.  FOR THE PURPOSES  OF  THIS
 SECTION,  A  PERSON  SHALL  BE DEEMED TO HAVE HELD A RACE, EXHIBITION OR
 CONTEST OF SPEED IF SUCH PERSON, WHILE OPERATING A VEHICLE  AT  A  SPEED
 THAT  EXCEEDS  A POSTED MAXIMUM SPEED LIMIT, (A) ENGAGES IN CONDUCT WITH
 ANOTHER PERSON INVOLVING A CHALLENGE COUPLED WITH A  RESPONSE  IN  SPEED
 AND  RELATIVE  POSITION INDICATING ACCEPTANCE OF SUCH CHALLENGE, REGARD-
 LESS OF WHETHER SUCH PERSON  OR  PERSONS  INTENDED  TO  ENGAGE  IN  SUCH
 CONDUCT  BEFORE  INITIATING OR ACCEPTING SUCH CHALLENGE OR PRE-PLANNED A
 COURSE OR DISTANCE OVER WHICH TO ENGAGE IN SUCH CONDUCT;  OR  (B)  RACES
 AGAINST  A  CLOCK  OR OTHER TIMING DEVICE. Such event, if held, shall be
 fully and efficiently patrolled for the entire distance over which  such
 race,  exhibition  or contest for speed is to be held. Participants in a
 race, exhibition or contest of speed are exempted from  compliance  with
 any  traffic  laws  otherwise  applicable  thereto,  but  shall exercise
 reasonable care. A violation of any of the provisions  of  this  section
 shall  constitute a misdemeanor and be punishable by imprisonment of not
 more than thirty days or a fine of not less than three  hundred  dollars
 nor  more  than  five hundred twenty-five dollars, or both such fine and
 imprisonment.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law, provided, however, that the amendments to paragraph 1
 of subdivision (a) of section 1180-b of the vehicle and traffic law made
 by  section  two of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.