NY State Senate Bill 2021-S5602B

Senate Bill S5602B

Signed By Governor

2021-2022 Legislative Session

Relates to the hours of operations of a speed camera demonstration program

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2022	signed chap.229
Jun 22, 2022	delivered to governor
Jun 02, 2022	returned to senate passed assembly home rule request ordered to third reading rules cal.645 substituted for a10438
May 31, 2022	referred to ways and means delivered to assembly passed senate home rule request
May 25, 2022	ordered to third reading cal.1533 committee discharged and committed to rules
May 23, 2022	print number 5602b
May 23, 2022	amend and recommit to transportation
May 19, 2022	print number 5602a
May 19, 2022	amend and recommit to transportation
Jan 05, 2022	referred to transportation
Mar 12, 2021	referred to transportation

Votes

- May 31, 2022 - Floor Vote
  S5602B
  
  51
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (51)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Oberacker
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (12)
      
      Boyle
      
      Felder
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Serino
      
      Stec
      
      Tedisco
  May 25, 2022 - Rules Committee Vote
  S5602B
  
  15
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 25, 2022
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (1)
      
      Lanza
      
      aye wr (5)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S5602 - Details

See Assembly Version of this Bill:: A10438
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §15, Chap 189 of 2013

2021-S5602 - Summary

Relates to the hours of operation of a school zone speed camera demonstration program in school speed zones in New York city; extends certain provisions relating thereto.

2021-S5602 - Sponsor Memo

                                
 
BILL NUMBER: S5602

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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; 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

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand the photo speed violation monitoring systems program for
school speed zones in the city of New York

 
SUMMARY OF PROVISIONS:

Section one of this bill amends section 201 of the Vehicle and Traffic

Law to require the DMV commissioner to maintain records of vehicles
found speeding in a NYC school zone at least five times within a two
year period and provides that they may inform the company which insures
such vehicle of such violations. This information will be forwarded to
the DMV by the City of New York.

Section two of this bill amends Section 510 of the vehicle and traffic
law to require suspended registration of vehicles where the owner is
found liable of speeding in a NYC school zone at least six times within
two years. Such suspension shall last for a period of ninety days.

Section three of this bill amends subdivision (a) of section 1180-b of
the Vehicle and Traffic Law to eliminate the limitation on hours of
operation for speed cameras which is currently between 6:00am and
10:00pm on weekdays.

Section four of this bill amends subdivision (a) of section 1180-b of
the Vehicle and Traffic Law to outline procedures for camera set up,
testing, and maintenance for both mobile and fixed cameras.

Section five of this bill amends subdivision (c) of section 1180-b of
the Vehicle and Traffic Law to make a conforming change.

Section six of this bill amends subdivisions (e) and (f) of section
1180-b of the Vehicle and Traffic Law to establish a graduated fee sche-
dule for repeated instances of speeding in a NYC school zone and to
provide that a notice of liability for drivers convicted of a fifth
violation within two years shall be forwarded by the New York City
Department of Finance's Parking Violations Bureau to the DMV. This
section also eliminates the provision in current law which bars speeding
violations from becoming a part of a driver's record or used for insur-
ance purposes.

Section seven of this bill amends section 1180-b of the Vehicle and
Traffic Law to provide that the certificate charging liability for a
violation of this section shall be the notice of liability described
earlier in this section.

Section eight of this bill amends Chapter 180 of the Laws of 2013 to
renew the speed camera program until July 1st, 2025.

Section nine of this bill provides an effective date.

 
JUSTIFICATION:

Speeding motorists continue to put schoolchildren in unnecessary danger
in New York City. The New York City Department of Transportation (NYC
DOT) reports that the risk of pedestrian death from being struck by a
speeding vehicle increases from 5% at a speed of 20 miles per hour to
45% at a speed of 30 miles per hour, a 900% increase.

Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used near
schools in New York City at certain hours of the day. This law was
renewed and expanded most recently with the passage of Chapter 30 of
2019 after NYC DOT reported a 60% drop in speeding infractions in
locations where speed safety cameras had been installed. The New York
City speed camera program had proven a success at both deterring future
speeding and saving lives.

This bill recognizes the successes of the NYC school zone speed camera
program by eliminating the restriction on hours of operation, currently
6:00am to 10:00pm on weekdays, to allow the cameras to monitor reckless
driving 24/7. NYC DOT reports that 33% of serious deaths and injuries in
2018 occurred at times during which the cameras are not allowed to oper-
ate. The legislature and City of New York are therefore allowing about a
third of entirely preventable deaths and injuries to continue unchecked.

Additionally, while the cameras have proven amazingly effective at
discouraging repeat speeding behavior in prior years, the COVID-19
pandemic and its ensuing impact on NYC traffic patterns represent a
grave threat to these street safety gains. DOT has reported a 69%
increase in traffic-related deaths as the City's streets emptied out
during the pandemic, paving the way for speeding and other kinds of
reckless behavior behind the wheel. It is imperative, therefore, that
the legislature act to renew and expand the New York City speed camera
program to reverse this disturbing trend in driver behavior and ensure
that all pedestrians, from schoolchildren to working parents to the
elderly, are protected from the deadly effects of speeding vehicles as
they go about their daily routines.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S5602 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5602
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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; and to amend chapter 189 of the laws of 2013, amending the vehi-
   cle and traffic law and the public officers law relating to establish-
   ing 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  effective-
   ness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 201 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 13 to read as follows:
   13.  THE  COMMISSIONER  SHALL  BE  REQUIRED TO MAINTAIN ALL RECORDS OF
 VEHICLE REGISTRATIONS WHOSE OWNERS HAVE BEEN DOCUMENTED VIOLATING SUBDI-
 VISIONS (B), (C) , (D), (F) OR (G) OF SECTION ELEVEN HUNDRED  EIGHTY  OF
 THIS CHAPTER AT LEAST FIVE TIMES WITHIN A TWO YEAR PERIOD AND MAY INFORM
 THE COMPANY WHICH INSURES THE VEHICLE OF ALL SUCH DOCUMENTED VIOLATIONS.
   §  2.  Subdivision  2 of section 510 of the vehicle and traffic law is
 amended by adding a new paragraph b-1 to read as follows:
   B-1. MANDATORY REGISTRATION SUSPENSION.  SUCH  REGISTRATION  SHALL  BE
 SUSPENDED  FOR  A PERIOD OF NINETY DAYS WHERE THE HOLDER IS FOUND LIABLE
 OF SIX OR MORE VIOLATIONS UNDER SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS
 CHAPTER WITHIN A PERIOD OF TWO YEARS. SUCH REGISTRATION SUSPENSION SHALL
 COMMENCE  ON  THE TENTH DAY AFTER THE NOTICE OF LIABILITY FOR VIOLATIONS
 HAS BEEN MAILED PURSUANT TO SUBDIVISION (G) OF  SECTION  ELEVEN  HUNDRED
 EIGHTY-B OF THIS CHAPTER.
   §  3.  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 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10466-02-1

 S. 5602                             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
 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]. 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]. 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 controlled-access highway exit ramp.
   §  4.  Paragraph 3 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:
   3. (I) Operators of MOBILE photo speed  violation  monitoring  systems
 shall have completed training in the procedures for setting up, testing,
 and operating such MOBILE systems.
   (II) ENTITIES OPERATING FIXED PHOTO SPEED VIOLATION MONITORING SYSTEMS
 SHALL  ESTABLISH  AND  MAINTAIN  PROCEDURES FOR SETTING UP, TESTING, AND
 OPERATING SUCH FIXED SYSTEMS.
   (III) Each [such] operator OF A MOBILE PHOTO SPEED VIOLATION  MONITOR-
 ING  SYSTEM,  OR EACH ENTITY THAT OPERATES A FIXED PHOTO SPEED VIOLATION
 MONITORING SYSTEM, shall [complete and sign] MAINTAIN a  daily  [set-up]
 CAMERA  log  REPORT  for  each such system that [he or she operates that
 (i)] (A) states the date and time when,  and  the  location  where,  the
 system  was set up that day, and [(ii)] (B) states that such operator OR
 ENTITY successfully performed, and the system passed, the self-tests  of
 such system before producing a recorded image that day.
   (IV) The city shall retain each such daily CAMERA log REPORT until the
 later  of  the  date  on which the MOBILE OR FIXED photo speed violation
 monitoring system to which it applies has been permanently removed  from
 use  or the final resolution of all cases involving notices of liability
 issued based on photographs, microphotographs, video or  other  recorded
 images produced by such system.
   §  5.  Paragraph 3 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:
   3. "photo speed violation monitoring system" shall mean  a  MOBILE  OR
 FIXED vehicle sensor installed to work in conjunction with a speed meas-

 S. 5602                             3
 
 uring  device  which automatically produces two or more photographs, two
 or more microphotographs, a videotape or other recorded images  of  each
 vehicle  at  the  time  it is used or operated in a school speed zone in
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this article in accordance with the provisions of this
 section; and
   § 6. Subdivisions (e) and (f) of section 1180-b  of  the  vehicle  and
 traffic law, as added by chapter 189 of the laws of 2013, are amended to
 read as follows:
   (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)
 or (g) of section eleven hundred eighty of this article  pursuant  to  a
 demonstration  program  established  pursuant  to  this section shall be
 liable for monetary penalties in accordance with a schedule of fines and
 penalties to be promulgated by the parking violations bureau of the city
 of New York. The liability of the owner pursuant to this  section  shall
 not  exceed  [fifty  dollars  for  each  violation]  THE  DOLLAR AMOUNTS
 PRESCRIBED IN THIS SUBDIVISION FOR THE FOLLOWING NUMBER  OF  VIOLATIONS,
 COMMITTED  WITHIN A PERIOD OF TWO YEARS: FIFTY DOLLARS FOR THE FIRST TWO
 VIOLATIONS, ONE HUNDRED DOLLARS FOR THE  THIRD  VIOLATION,  TWO  HUNDRED
 DOLLARS  FOR  THE  FOURTH VIOLATION, THREE HUNDRED FIFTY DOLLARS FOR THE
 FIFTH VIOLATION,  AND  FIVE  HUNDRED  DOLLARS  FOR  THE  SIXTH  OR  MORE
 VIOLATION;  provided,  however,  that such parking violations bureau may
 provide for an additional penalty not in excess of  twenty-five  dollars
 for  each  violation for the failure to respond to a notice of liability
 within the prescribed time period.
   (f) [An imposition of liability under the demonstration program estab-
 lished 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  NOTICE  OF  LIABILITY ISSUED PURSUANT TO THIS SECTION, IF SUCH NOTICE
 INDICATES A FIFTH VIOLATION WITHIN A TWO YEAR PERIOD OF SUBDIVISION (B),
 (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  ARTICLE
 PURSUANT  TO THE DEMONSTRATION PROGRAM ESTABLISHED IN THIS SECTION SHALL
 BE FORWARDED  BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF  NEW  YORK
 TO THE COMMISSIONER OF MOTOR VEHICLES, AS DEFINED IN SECTION TWO HUNDRED
 OF  THIS  CHAPTER, FOR THE PURPOSES OF COMPLIANCE WITH SUBDIVISION THIR-
 TEEN OF SECTION TWO HUNDRED ONE OF THIS CHAPTER.
   § 7. Paragraph 2 of subdivision (g) 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. A notice of liability shall contain (I) the name and address of the
 person  alleged  to be liable as an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
 cle pursuant to this section, (II) the registration number of the  vehi-
 cle  involved in such violation, (III) the location where such violation
 took place, (IV) the date and time of such violation, (V) the  identifi-
 cation  number of the camera which recorded the violation or other docu-
 ment locator number, (VI) at least two date and time stamped  images  of
 the  rear  of  the motor vehicle that include the same stationary object
 near  the  motor  vehicle,  and  (VII)  the  certificate  charging   the
 liability,  WHICH  SHALL  BE  A STATEMENT WITHIN THE NOTICE OF LIABILITY
 THAT AN OWNER VIOLATED SUBDIVISION (B), (C), (D), (F) OR (G) OF  SECTION
 ELEVEN  HUNDRED  EIGHTY  OF THIS ARTICLE PURSUANT TO THIS SECTION AND IS
 LIABLE FOR PENALTIES IN ACCORDANCE WITH THIS SECTION.

 S. 5602                             4
 
   § 8. 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, as amended by
 chapter 30 of the laws of 2019, 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 and be deemed repealed July 1, [2022]
 2025; and provided further that any rules necessary for the  implementa-
 tion of this act on its effective date shall be promulgated on or before
 such effective date, provided that:
   §  9.  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  three,  four,  five,  six  and
 seven  of  this  act shall not affect the expiration of such section and
 shall expire and be deemed repealed therewith.

co-Sponsors

View additional co-sponsors

2021-S5602A - Details

See Assembly Version of this Bill:: A10438
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §15, Chap 189 of 2013

2021-S5602A - Summary

Relates to the hours of operation of a school zone speed camera demonstration program in school speed zones in New York city; extends certain provisions relating thereto.

2021-S5602A - Sponsor Memo

                                 
BILL NUMBER: S5602A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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; 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

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand the photo speed violation monitoring systems program for
school speed zones in the city of New York

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivision (a) of section 1180-b of the
Vehicle and Traffic Law to eliminate the limitation on hours of opera-

tion for speed cameras which is currently between 6:00am and 10:00 pm on
weekdays.

Section two of this bill amends Chapter 180 of the Laws of 2013 to renew
the speed camera program until July 1st, 2025.

Section three of this bill provides an effective date.

 
JUSTIFICATION:

Speeding motorists continue to put schoolchildren in unnecessary danger
in New York City. The New York City Department of Transportation (NYC
DOT) reports that the risk of pedestrian death from being struck by a
speeding vehicle increases from 5% at a speed of 20 miles per hour to
45% at a speed of 30 miles per hour, a 900% increase.

Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used near
schools in New York City at certain hours of the day. This law was
renewed and expanded most recently with the passage of Chapter 30 of
2019 after NYC DOT reported a 60% drop in speeding infractions in
locations where speed safety cameras had been installed. The New York
City speed camera program had proven a success at both deterring future
speeding and saving lives.

This bill recognizes the successes of the NYC school zone speed camera
program by eliminating the restriction on hours of operation, currently
6:00am to 10:00 pm on weekdays, to allow the cameras to monitor reckless
driving 24/7. NYC DOT reports that 33% of serious deaths and injuries in
2018 occurred at times during which the cameras are not allowed to oper-
ate. The legislature and City of New York are therefore allowing about a
third of entirely preventable deaths and injuries to continue unchecked.

Additionally, while the cameras have proven amazingly effective at
discouraging repeat speeding behavior in prior years, the COVID-19
pandemic and its ensuing impact on NYC traffic patterns represent a
grave threat to these street safety gains. DOT has reported a 69%
increase in traffic-related deaths as the City's streets emptied out
during the pandemic, paving the way for speeding and other kinds of
reckless behavior behind the wheel. It is imperative, therefore, that
the legislature act to renew and expand the New York City speed camera
program to reverse this disturbing trend in driver behavior and ensure
that all pedestrians, from schoolchildren to working parents to the
elderly, are protected from the deadly effects of speeding vehicles as
they go about their daily routines.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2021-S5602A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5602--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, BIAGGI, CLEARE, GIANARIS, HOYLMAN, JACK-
   SON, KAVANAGH, KRUEGER, MYRIE, PERSAUD, RAMOS,  RIVERA,  SEPULVEDA  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Transportation -- recommitted  to  the  Committee  on
   Transportation  in  accordance with Senate Rule 6, sec. 8 -- 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; and to amend chapter 189 of the laws of 2013, amending the vehi-
   cle and traffic law and the public officers law relating to establish-
   ing 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 effective-
   ness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraphs 1 and 2 of subdivision (a) of section 1180-b of
 the vehicle and traffic law, as amended by chapter 30  of  the  laws  of
 2019, are 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
 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]. Such demonstration program shall
 empower the city of New York to install photo speed violation monitoring
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10466-05-2

 S. 5602--A                          2
 
 systems within no more than seven hundred fifty school speed zones with-
 in 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  [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 controlled-access highway
 exit ramp.
   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 shall install signs giving notice to approaching
 motor vehicle operators that a photo speed violation  monitoring  system
 is  in  use,  in  conformance  with  standards established in the MUTCD,
 PROVIDED THAT THE CITY SHALL INSTALL SIGNAGE GIVING WRITTEN NOTICE BEAR-
 ING THE WORDS "SPEED PHOTO ENFORCED" OR SUBSTANTIALLY  SIMILAR  LANGUAGE
 TO  APPROACHING  MOTOR  VEHICLE  OPERATORS WHEN INSTALLING A PHOTO SPEED
 VIOLATION MONITORING SYSTEM AND SHALL MODIFY EXISTING SIGNAGE TO REFLECT
 SUCH WRITTEN NOTICE IN THE REGULAR COURSE OF MAINTENANCE.
   § 2. 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, as amended by
 chapter 30 of the laws of 2019, 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 and be deemed repealed July 1, [2022]
 2025; and provided further that any rules necessary for the  implementa-
 tion of this act on its effective date shall be promulgated on or before
 such effective date, provided that:
   §  3.  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 section one of this act shall not affect
 the expiration of such section and shall expire and be  deemed  repealed
 therewith.

co-Sponsors

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2021-S5602B (ACTIVE) - Details

See Assembly Version of this Bill:: A10438
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1180-b, V & T L; amd §15, Chap 189 of 2013

2021-S5602B (ACTIVE) - Summary

Relates to the hours of operation of a school zone speed camera demonstration program in school speed zones in New York city; extends certain provisions relating thereto.

2021-S5602B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5602B

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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; 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

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand the photo speed violation monitoring systems program for
school speed zones in the city of New York

 
SUMMARY OF PROVISIONS:

Section one of this bill amends subdivision (a) of section 1180-b of the
Vehicle and Traffic Law to eliminate the limitation on hours of opera-

tion for speed cameras which is currently between 6:00am and 10:00pm on
weekdays.

Section two of this bill amends Chapter 189 of the Laws of 2013 to renew
the speed camera program until July 1st, 2025.

Section three of this bill provides an effective date.

 
JUSTIFICATION:

Speeding motorists continue to put schoolchildren in unnecessary danger
in New York City. The New York City Department of Transportation (NYC
DOT) reports that the risk of pedestrian death from being struck by a
speeding vehicle increases from 5% at a speed of 20 miles per hour to
45% at a speed of 30 miles per hour, a 900% increase.

Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used near
schools in New York City at certain hours of the day. This law was
renewed and expanded most recently with the passage of Chapter 30 of
2019 after NYC DOT reported a 60% drop in speeding infractions in
locations where speed safety cameras had been installed. The New York
City speed camera program had proven a success at both deterring future
speeding and saving lives.

This bill recognizes the successes of the NYC school zone speed camera
program by eliminating the restriction on hours of operation, currently
6:00am to 10:00pm on weekdays, to allow the cameras to monitor reckless
driving 24/7. NYC DOT reports that 33% of serious deaths and injuries in
2018 occurred at times during which the cameras are not allowed to oper-
ate. The legislature and City of New York are therefore allowing about a
third of entirely preventable deaths and injuries to continue unchecked.

Additionally, while the cameras have proven amazingly effective at
discouraging repeat speeding behavior in prior years, the COVID-19
pandemic and its ensuing impact on NYC traffic patterns represent a
grave threat to these street safety gains. DOT has reported a 69%
increase in traffic-related deaths as the City's streets emptied out
during the pandemic, paving the way for speeding and other kinds of
reckless behavior behind the wheel. It is imperative, therefore, that
the legislature act to renew and expand the New York City speed camera
program to reverse this disturbing trend in driver behavior and ensure
that all pedestrians, from schoolchildren to working parents to the
elderly, are protected from the deadly effects of speeding vehicles as
they go about their daily routines.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5602B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5602--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced  by Sens. GOUNARDES, BIAGGI, CLEARE, GIANARIS, HOYLMAN, JACK-
   SON, KAVANAGH, KRUEGER, MYRIE, PERSAUD, RAMOS,  RIVERA,  SEPULVEDA  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Transportation -- recommitted  to  the  Committee  on
   Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  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; and to amend chapter 189 of the laws of 2013, amending the vehi-
   cle and traffic law and the public officers law relating to establish-
   ing 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  effective-
   ness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs 1 and 2 of subdivision (a) of section 1180-b  of
 the  vehicle  and  traffic  law, as amended by chapter 30 of the laws of
 2019, are 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
 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].  Such  demonstration  program  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10466-07-2

 S. 5602--B                          2
 
 empower the city of New York to install photo speed violation monitoring
 systems within no more than seven hundred fifty school speed zones with-
 in  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  [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  controlled-access  highway
 exit ramp.
   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 shall  install  SIGNS  BEARING  THE  WORDS  "PHOTO
 ENFORCED"  BELOW  SPEED LIMIT signs giving WRITTEN notice to approaching
 motor vehicle operators that a photo speed violation  monitoring  system
 is  in  use, in conformance with standards established in the MUTCD, AND
 SHALL MODIFY EXISTING SIGNAGE TO REFLECT  SUCH  WRITTEN  NOTICE  IN  THE
 REGULAR COURSE OF MAINTENANCE.
   § 2. 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, as  amended  by
 chapter 30 of the laws of 2019, 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 and be  deemed  repealed  July  1,  [2022]
 2025;  and provided further that any rules necessary for the implementa-
 tion of this act on its effective date shall be promulgated on or before
 such effective date, provided that:
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  section 1180-b of the vehicle and traffic law made by section
 one of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.

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Senate Bill S5602B

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S5602 - Details

2021-S5602 - Summary

2021-S5602 - Sponsor Memo

2021-S5602 - Bill Text download pdf

co-Sponsors

2021-S5602A - Details

2021-S5602A - Summary

2021-S5602A - Sponsor Memo

2021-S5602A - Bill Text download pdf

co-Sponsors

2021-S5602B (ACTIVE) - Details

2021-S5602B (ACTIVE) - Summary

2021-S5602B (ACTIVE) - Sponsor Memo

2021-S5602B (ACTIVE) - Bill Text download pdf

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