Senate Bill S1651

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1651
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 reducing the
   speed for owner liability for  failure  of  operator  to  comply  with
   certain posted maximum speed limits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 1180-b of the vehicle and  traf-
 fic law, as added by chapter 189 of the laws of 2013, is amended to read
 as follows:
   (b) If the city of New York establishes a demonstration program pursu-
 ant  to subdivision (a) of this section, the owner of a vehicle shall be
 liable for a penalty imposed pursuant to this section  if  such  vehicle
 was  used  or  operated  with  the  permission  of the owner, express or
 implied, within a school speed zone in violation of subdivision  (c)  or
 during  the times authorized pursuant to subdivision (a) of this section
 in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven
 hundred eighty of this article, such vehicle was traveling at a speed of
 more  than  [ten]  SEVEN  miles per hour above the posted speed limit in
 effect within such school speed zone, and such violation is evidenced by
 information obtained from a photo  speed  violation  monitoring  system;
 provided however that no owner of a vehicle shall be liable for a penal-
 ty  imposed  pursuant to this section where the operator of such vehicle
 has been convicted of the underlying violation of subdivision (b),  (c),
 (d), (f) or (g) of section eleven hundred eighty of this article.
   §  2.  Paragraphs  6 and 7 of subdivision (n) 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:
   6.  the  number  of  violations recorded within all school speed zones
 within the city that were:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00336-01-3
 S. 1651                             2
              

 
   (i) more than [ten] SEVEN 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] SEVEN 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;
   § 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 sections one and two of this act shall
 not affect the repeal of such section and shall be deemed repealed ther-
 ewith.