S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6449
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Transportation
 
 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:
   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

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

                                                            LBD10532-02-9

 A. 6449                             2

 after such student activities] WEEKDAYS BETWEEN THE HOURS OF SIX O'CLOCK
 A.M.  AND TEN O'CLOCK P.M.  Such demonstration program shall empower the
 city OF NEW YORK to install photo  speed  violation  monitoring  systems
 within no more than [one hundred forty] SEVEN HUNDRED FIFTY 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
 immediately after such student activities] WEEKDAYS BETWEEN THE HOURS OF
 SIX  O'CLOCK  A.M. AND TEN O'CLOCK P.M. 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  TO
 APPROACHING  MOTOR  VEHICLE OPERATORS that a photo speed violation moni-
 toring system is in use [to be mounted on advance warning signs  notify-
 ing motor vehicle operators of such upcoming school speed zone and/or on
 speed limit signs applicable within such school speed zone], in conform-
 ance 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 (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 TWENTY 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;

 A. 6449                             3
 
   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;
   12. the expenses incurred by the city in connection with the  program;
 [and]
   13. the quality of the adjudication process and its results;
   14.  THE  TOTAL  AMOUNT  OF REVENUE EXPENDED ON TRAFFIC AND PEDESTRIAN
 SAFETY WITHIN THE CITY OF NEW YORK; AND
   15. 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

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 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. Notwithstanding the  provisions  of  article  5  of  the  general
 construction law, the provisions of:
   (a)  paragraph  1  of subdivision (a) of section 1180-b of the vehicle
 and traffic law, as amended by  section  one  of  this  act,  is  hereby
 revived and shall be deemed to have been in full force and effect on and
 after July 25, 2018; and
   (b)  section  1180-b  of  the  vehicle  and traffic law, as amended by
 sections two, three and four of this act, is hereby revived and shall be
 deemed to have been in full force and effect on  and  after  August  30,
 2018.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that the amendments 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.