Senate Bill S8882

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8882
 
                             I N  S E N A T E
 
                             January 13, 2026
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  permitting
   the  use  of  photo  speed  violation  monitoring  systems  in highway
   construction or maintenance work areas on all state highways

   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-e of the
 vehicle and traffic law, as amended by section 1 of part Q of chapter 58
 of the laws of 2025, is amended to read as follows:
   1. Notwithstanding any other provision of  law,  the  commissioner  of
 transportation 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 highway
 construction or maintenance work area [located  on  a  controlled-access
 highway]  (i) when highway construction or maintenance work is occurring
 and a work area speed limit is in effect as provided in paragraph two of
 subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
 this  article  or  (ii) when highway construction or maintenance work is
 occurring and other speed limits are in effect as provided  in  subdivi-
 sion  (b)  or  (g) or paragraph one of subdivision (d) of section eleven
 hundred eighty of this article. Such demonstration program shall empower
 the commissioner to install photo  speed  violation  monitoring  systems
 within no more than forty highway construction or maintenance work areas
 [located  on  controlled-access  highways]  and  to operate such systems
 within such work areas (iii) when highway  construction  or  maintenance
 work  is  occurring and a work area speed limit is in effect as provided
 in paragraph two of subdivision (d) or subdivision (f) of section eleven
 hundred eighty of this article or  (iv)  when  highway  construction  or
 maintenance  work  is  occurring and other speed limits are in effect as
 provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
 of  section  eleven hundred eighty of this article. The commissioner, in
 consultation with the superintendent of the division  of  state  police,
 shall  determine the location of the highway construction or maintenance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14368-01-6
 S. 8882                             2
 
 work areas [located on a controlled-access highway] in which to  install
 and  operate  photo  speed violation monitoring systems.  In selecting a
 highway construction or maintenance work area in which  to  install  and
 operate  a  photo  speed  violation  monitoring system, the commissioner
 shall consider criteria including, but not limited to, the  speed  data,
 crash   history,   and  roadway  geometry  applicable  to  such  highway
 construction or maintenance work area. A photo speed violation  monitor-
 ing  system  shall  not  be installed or operated on a controlled-access
 highway exit ramp.
   § 2. Subdivision (b) of section 1180-e of the vehicle and traffic law,
 as amended by section 2 of part Q of chapter 58 of the laws of 2025,  is
 amended to read as follows:
   (b)  If the commissioner or chair of the thruway authority, Triborough
 bridge and tunnel authority, or bridge authority  establishes  a  demon-
 stration  program pursuant 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 highway construction or  maintenance
 work area located on a [controlled-access] highway, the thruway, Tribor-
 ough  bridge and tunnel authority facilities or bridge authority facili-
 ties, as applicable in violation of paragraph two of subdivision (d)  or
 subdivision  (f),  or when other speed limits are in effect in violation
 of subdivision (b) or (g)  or  paragraph  one  of  subdivision  (d),  of
 section  eleven hundred eighty of this article, such vehicle was travel-
 ing at a speed of more than ten miles per hour above  the  posted  speed
 limit  in  effect  within  such highway construction or maintenance work
 area, 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  penalty  imposed  pursuant  to  this
 section  where  the  operator  of such vehicle has been convicted of the
 underlying violation of subdivision (b), (d),  (f)  or  (g)  of  section
 eleven hundred eighty of this article.
   §  3.  Paragraph 9 of subdivision (c) of section 1180-e of the vehicle
 and traffic law, as amended by section 2 of part Q of chapter 58 of  the
 laws of 2025, is amended to read as follows:
   9.  "photo  speed  violation  monitoring  system" shall mean a vehicle
 sensor installed to work in conjunction with a  speed  measuring  device
 which automatically produces two or more photographs, two or more micro-
 photographs, a videotape or other recorded images of each vehicle at the
 time  it  is  used  or operated in a highway construction or maintenance
 work area located on a [controlled-access] highway, the thruway, Tribor-
 ough bridge and tunnel authority facility or bridge  authority  facility
 in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
 hundred eighty of this article in accordance with the provisions of this
 section;
   § 4. Paragraphs 2, 4 and 6 of subdivision (m) of section 1180-e of the
 vehicle and traffic law, as amended by section 2 of part Q of chapter 58
 of the laws of 2025, are amended to read as follows:
   2. the aggregate number, type and  severity  of  crashes,  fatalities,
 injuries and property damage reported within all highway construction or
 maintenance  work  areas  on  [controlled-access] highways, the thruway,
 Triborough bridge and tunnel authority facilities  or  bridge  authority
 facilities,  as  applicable, to the extent the information is maintained
 by the commissioner, the chair  of  the  thruway  authority,  Triborough
 bridge  and  tunnel authority, or bridge authority, or the department of
 motor vehicles of this state;
 S. 8882                             3
 
   4. the number of violations recorded within all  highway  construction
 or  maintenance work areas on [controlled-access] highways, the thruway,
 Triborough bridge and tunnel authority facilities  or  bridge  authority
 facilities, in the aggregate on a daily, weekly and monthly basis to the
 extent  the  information is maintained by the commissioner, the chair of
 the thruway authority, Triborough bridge and tunnel authority, or bridge
 authority, or the department of motor vehicles of this state;
   6. to the extent the information is maintained  by  the  commissioner,
 the chair of the thruway authority, Triborough bridge and tunnel author-
 ity,  or  bridge  authority, or the department of motor vehicles of this
 state, the number of violations recorded within all highway construction
 or maintenance work areas on [controlled-access] highways, the  thruway,
 Triborough  bridge  and  tunnel authority facilities or bridge authority
 facilities, 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;
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 1180-e 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.