S T A T E O F N E W Y O R K
________________________________________________________________________
4331
2019-2020 Regular Sessions
I N S E N A T E
March 7, 2019
___________
Introduced by Sens. GOUNARDES, ADDABBO, BAILEY, BENJAMIN, BIAGGI,
COMRIE, GIANARIS, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MONTGOM-
ERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO,
SEPULVEDA, SERRANO, STAVISKY -- 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10532-02-9
S. 4331 2
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. 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
S. 4331 3
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;
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
S. 4331 4
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. 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.
