Legislation

* § 1642-b. Installation and operation of intelligent speed assistance
devices; demonstration program in the city of New York. 1. Definitions.
For the purposes of this section, the following terms shall have the
following meanings:

a. "Administering agency" shall mean one or more agencies and/or
administrative tribunals designated by the mayor of a city having a
population in excess of one million to administer an intelligent speed
assistance device demonstration program authorized pursuant to this
section; provided, however, that a non-governmental entity shall not be
designated as an administering agency;

b. "Installation period" shall mean the mandatory period of time that
an owner is required to install and maintain an intelligent speed
assistance device pursuant to a local law or ordinance adopted pursuant
to this section;

c. "Intelligent speed assistance device" shall mean a device installed
on a motor vehicle utilizing technology to restrict the speed of the
motor vehicle based on the maximum speed limits established pursuant to
this chapter where such motor vehicle is being operated. Such technology
shall allow for the manual override of such restrictions past the speed
limit, if necessary, based on traffic conditions; and

d. "Owner" shall have the same meaning as provided in section one
hundred twenty-eight of this chapter.

2. Establishment. Notwithstanding any provision of law to the
contrary, the city of New York is hereby authorized and empowered to
adopt and amend a local law or ordinance establishing a demonstration
program authorizing the imposition of a requirement on the owner of a
particular motor vehicle who has been found liable for monetary
penalties for violations, in a school speed zone within such city, of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter imposed pursuant to a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such posted maximum speed limits through the
installation and operation of photo speed violation monitoring systems,
in accordance with article thirty of this chapter following entry of a
final decision or decisions in response to sixteen notices of liability
issued within a twelve month period to such owner with respect to such
particular motor vehicle for failure of an operator thereof to comply
with such posted maximum speed limits in a school speed zone within such
city pursuant to such photo speed violation monitoring system
demonstration program, to install and maintain an intelligent speed
assistance device in accordance with the provisions of a local law or
ordinance adopted pursuant to this section. Such local law or ordinance
may provide for exemptions for certain categories of vehicles for which
installation of an intelligent speed assistance device would not further
the purposes of such demonstration program or which could otherwise
impair public safety or general welfare. Provided, however, that the
following shall be exempt from the demonstration program authorized
pursuant to this section: (a) motor vehicles owned or leased by the
state, a governmental entity, a public authority, a county, town, city,
village or any other political subdivision of the state; (b) motor
vehicles owned or leased by a business entity that are routinely
operated by two or more of such entity's workers, provided, however,
that if a business entity assigns a vehicle to a single worker, and
during the period of such assignment the vehicle has been made subject
to an order for installation of an intelligent speed assistance device
as set forth in subdivision three of this section, such particular
vehicle shall be subject to the provisions of this section; (c) licensed
vehicles as defined in section 19-502 of the administrative code of the
city of New York, regulated by the New York city taxi and limousine
commission; and (d) authorized emergency vehicles. For purposes of this
subdivision, the term "business entity" shall mean an entity organized
under the laws of the state, or authorized to do business in the state,
including but not limited to, business corporations, limited liability
companies, partnerships, or not-for-profit corporations, but shall not
include such entities organized or authorized that do not perform a bona
fide business purpose, nor entities owned by a single person or
household, including but not limited to single-member limited liability
companies or single shareholder corporations.

3. Determination and notification. a. Whenever the administering
agency determines that an owner of a particular motor vehicle has been
found liable for monetary penalties following entry of a final decision
or decisions in response to sixteen notices of liability issued within a
period of twelve months with respect to such particular motor vehicle
for failure of an operator thereof to comply with posted maximum speed
limits in a school speed zone within such city 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 chapter or when other speed limits
are in effect as provided in subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this chapter through the installation and
operation of photo speed violation-monitoring systems in accordance with
article thirty of this chapter, such administering agency shall order
the installation of an intelligent speed assistance device on such motor
vehicle and, except as otherwise provided in paragraph (b) of
subdivision two of this section, on each other motor vehicle owned by
such owner during the relevant installation period. Such administering
agency shall send such owner no fewer than two written notices that they
are required to install and maintain a functioning intelligent speed
assistance device, of a model and type as specified pursuant to a local
law or ordinance adopted pursuant to this section, for the applicable
installation period as provided in subdivision four of this section.
Such notifications shall include: (i) a date certain by which an
intelligent speed assistance device must be installed; (ii) a statement
that the owner must provide the administering agency with proof of
compliance within thirty days of the date the owner is ordered to
install such device and instructions for how to submit such proof; (iii)
a statement that the owner shall be responsible for the cost of
installing, maintaining, and removing such device absent a finding of
financial inability to pay, the approximate cost to the owner of
installing, maintaining, and removing such device, and that such costs
may be paid in installments; (iv) information advising the owner of the
manner and the time in which they may contest the order to install an
intelligent speed assistance device; and (v) prominent warnings that
failure to install such device and failure to submit proof of such
compliance could result in a violation, registration suspension, and an
extension of the installation period unless the administering agency
makes a finding of good cause for such failure. Such administering
agency shall also offer an opportunity to each owner to formally contest
an order to install an intelligent speed assistance device following the
issuance of such order and prior to the date certain that such device
must be installed pursuant to subdivision five of this section, and
pursuant to published criteria to be considered in determining whether
such order shall be upheld or withdrawn, which shall include whether
such vehicles are exempt pursuant to subdivision two of this section,
provided that: (A) such opportunity shall not permit such owner to
contest any notices of liability previously adjudicated to finality
where such owner was found liable for monetary penalties issued pursuant
to section eleven hundred eighty-b of this chapter; and (B) following a
proper contestation submission, the relevant installation period shall
not commence until such contestation process has fully completed and
such order shall have been upheld or withdrawn.

b. Following the failure of an owner to install an intelligent speed
assistance device by the date certain required to be provided to such
owner pursuant to paragraph (a) of this subdivision, an additional
written notification shall be sent to such owner to notify them of such
failure and of the statements and warning set forth in subparagraphs
(ii), (iii), (iv) and (v) of such paragraph.

4. Installation and removal. a. An owner required to install and
maintain an intelligent speed assistance device pursuant to a local law
or ordinance adopted pursuant to this section shall install and maintain
a functioning intelligent speed assistance device in accordance with the
provisions of such local law or ordinance: (i) for a period of twelve
months for the first time an owner is ordered to install an intelligent
speed assistance device under this subdivision; (ii) for a period of
twenty-four months the second time such owner is mandated to install an
intelligent speed assistance device under this subdivision within a
period of ten years of completing the first term of installation; (iii)
for a period of thirty-six months the third time such owner is mandated
to install an intelligent speed assistance device under this subdivision
within a period of fifteen years of completing the first term of
installation; and (iv) for the fourth or subsequent time such owner is
mandated to install an intelligent speed assistance device under this
subdivision, a period of time not to conclude until such time as the
administering agency approves such removal.

b. Upon the conclusion of the period in which an owner is required to
install and maintain an intelligent speed assistance device, the
administering agency of such city shall provide written notification
authorizing the removal of such device to such owner and shall notify
the commissioner in such manner and form as the commissioner may
prescribe, and the commissioner shall remove any corresponding notation
on each applicable registration record of such owner.

5. Monitoring of compliance and recording of condition. a. The owner
of a motor vehicle required to install and maintain an intelligent speed
assistance device pursuant to a local law or ordinance adopted pursuant
to this section shall provide proof of installation to the administering
agency of such city, in a manner provided by such local law or
ordinance, within thirty days of the date certain that such device must
be installed by such owner as ordered by the administering agency.

b. When the administering agency of such city imposes the condition
specified in subdivision three of this section, it shall notify the
commissioner in such manner and form as the commissioner may prescribe,
and, if practicable, the commissioner shall note such condition on the
owner's registration record of each motor vehicle subject to such
condition.

c. A local law or ordinance adopted pursuant to this section shall
provide for the monitoring of compliance of owners required to install
and maintain an intelligent speed assistance device pursuant to a
demonstration program established pursuant to this section.

6. Cost of installation and maintenance. a. The cost of installation,
maintenance including repair and replacement, and removal of the
intelligent speed assistance device shall be borne by the owner subject
to such condition and such cost may be paid in installments at no charge
to the owner. The administering agency shall offer such owners the
opportunity to enter into an installment payment plan at any time.
Provided, however, that when the administering agency determines such
owner is financially unable to afford such cost, such cost shall be
waived. An owner shall be presumptively deemed to be financially unable
to afford such cost if the owner's household income is at or below two
hundred percent of the federal poverty level as documented.

b. The service provider of the device shall be responsible for the
installation, calibration, maintenance, and removal of such device. The
service provider shall also be responsible for providing written user
instructions and device guidelines to owners whose vehicles are equipped
with such devices.

7. Privacy. a. A local law or ordinance adopted pursuant to this
section shall include measures to protect the privacy of owners required
to install and maintain intelligent speed assistance devices and to
enforce such measures. Such measures shall include:

(i) encryption of information and data created, collected, recorded,
or otherwise captured by intelligent speed assistance devices installed
and maintained by owners including, but not limited to, personally
identifiable information, geolocation data, and any data and information
shared between administering agencies and the manufacturers and service
providers of such devices;

(ii) de-identifying or aggregating of motor vehicle geolocation data;

(iii) restricting the information obtained by the administering agency
from intelligent speed assistance devices to only that which is strictly
necessary to monitor compliance by an owner required to install and
maintain an intelligent speed assistance device;

(iv) creation of a framework in accordance with state law for data
collection, storage, sharing, and destruction that adheres to the
restrictions provided in this subdivision;

(v) methods to inform owners required to install and maintain
intelligent speed assistance devices of what data is collected, how it
is used, and with whom it may be shared;

(vi) oversight procedures to enforce compliance with the privacy
protection measures under this subdivision and any local law or
ordinance adopted pursuant to this section including but not limited to
security audits to ensure consistent application and ongoing compliance
of the administering agency, intelligent speed assistance device
manufacturers and service providers; and

(vii) information security standards including identifying and
assessing internal and external security risks, physical access
controls, up-to-date anti-malware software, and documented incident
response procedures.

b. Information and data created, collected, recorded, or otherwise
captured by intelligent speed assistance devices shall be for the
exclusive use of the city of New York for the sole purpose of monitoring
compliance with the requirement of an owner to install and maintain an
intelligent speed assistance device, and shall be destroyed by such city
upon the completion of the term of such installation and maintenance.
Notwithstanding the provisions of any other law, rule or regulation to
the contrary, information and data from an intelligent speed assistance
device shall not be open to the public, nor subject to civil or criminal
process or discovery, nor used by any court or administrative or
adjudicatory body in any action or proceeding therein except that which
is necessary for the monitoring of compliance pursuant to this section,
and no public entity or employee, officer or agent thereof shall
disclose such information, except that such information and data shall
be available for inspection and copying and use by the motor vehicle
owner for so long as such information and data are required to be
maintained or are maintained by such public entity, employee, officer or
agent.

c. No person, firm, association, partnership, limited liability
company, corporation, manufacturer or service provider shall sell,
share, transfer, publish, lease, release, or otherwise make available to
any third party any personally identifiable information or any
information and data created, collected, recorded, or otherwise captured
by intelligent speed assistance devices installed and maintained by
owners pursuant to a local law adopted pursuant to this section, and
shall destroy such information and data upon the completion of the term
of such installation and maintenance. For the purposes of this
paragraph, "third party" shall not include an administering agency.

8. Certification and standards. a. The administering agency shall
approve intelligent speed assistance devices and service providers of
intelligent speed assistance devices pursuant to a local law or
ordinance adopted pursuant to this section and shall publish a list of
approved devices and service providers which shall be publicly
available. Service providers approved by the administering agency shall
be required to be qualified to install, calibrate, service, and remove
approved intelligent speed assistance devices, and shall comply with the
privacy requirements of subdivision seven of this section and any local
law or ordinance adopted pursuant to this section.

b. After consultation with manufacturers of intelligent speed
assistance devices, the administering agency shall promulgate
regulations regarding standards for, and use of, intelligent speed
assistance devices. Such standards shall include provisions for device
calibration and shall also include, but not be limited to, requirements
that the devices:

(i) have features that make circumventing or bypassing the device
difficult and that do not interfere with the normal or safe operation of
the motor vehicle, provided that the manual override referenced in
paragraph c of subdivision one of this section shall not be considered a
feature to circumvent or bypass the device;

(ii) work accurately and reliably in an unsupervised environment;

(iii) resist tampering and give evidence if tampering is attempted;

(iv) minimize inconvenience to users of the motor vehicle;

(v) operate reliably over the range of motor vehicle environments and
motor vehicle manufacturing standards; and

(vi) are manufactured by a party covered by product liability
insurance and liability insurance against installation and maintenance
errors.

9. Circumvention of intelligent speed assistance device; installation.
a. No person shall tamper with or circumvent an otherwise operable
intelligent speed assistance device. A first violation of this paragraph
shall be a traffic infraction punishable by a fine of not less than
fifteen hundred dollars nor more than twenty-five hundred dollars and
the commissioner shall suspend the registration of the motor vehicle
subject to the tampered or circumvented device pursuant to paragraph (a)
of subdivision four-i of section five hundred ten of this chapter for
twelve months and the relevant installation period shall be extended by
six months. A subsequent violation of this paragraph shall be a traffic
infraction punishable by a fine of not less than fifteen hundred dollars
nor more than twenty-five hundred dollars and the commissioner shall
suspend the registration of the motor vehicle subject to the tampered or
circumvented device pursuant to paragraph (a) of subdivision four-i of
section five hundred ten of this chapter for a period of twelve months
and the relevant installation period shall be extended by twelve months.

b. No person required to install an intelligent speed assistance
device pursuant to a local law or ordinance adopted pursuant to this
section shall fail to install such device and provide proof of such
installation to the administering agency within thirty days of the date
certain that such device must be installed by such owner as ordered by
the administering agency, absent a finding by the administering agency
of good cause for that failure. A violation of this paragraph shall be a
traffic infraction punishable by a fine of not less than fifteen hundred
dollars nor more than twenty-five hundred dollars. Upon the failure by
an owner to install such device and provide proof of such installation
to the administering agency within forty-five days of the date certain
that such device must be installed by such owner as ordered by the
administering agency, absent a finding by the administering agency of
good cause for that failure, the commissioner shall suspend the
registration of the relevant motor vehicle pursuant to paragraph (b) of
subdivision four-i of section five hundred ten of this chapter.

c. Notwithstanding the provisions of any other law, rule or regulation
to the contrary, following entry of a final decision or decisions in
response to three notices of liability issued to an owner of a
particular motor vehicle for failure of an operator thereof to comply
with posted maximum speed limits in a school speed zone within the city
of New York pursuant to a photo speed violation monitoring system
demonstration program in accordance with article thirty of this chapter
after having failed to comply with an order to install an intelligent
speed assistance device on such motor vehicle pursuant to a local law or
ordinance adopted in accordance with this section by the date ordered
shall constitute a traffic infraction punishable by a fine of not less
than fifteen hundred dollars nor more than twenty-five hundred dollars;
provided, however, that no traffic violation shall occur if any such
notice of liability is issued following the expiration of the relevant
installation period and authorization of the removal of the intelligent
speed assistance device in accordance with subdivision four of this
section. Following final adjudication of such traffic infraction the
relevant installation period shall be extended by twelve months.

d. Following an order by the administering agency to a motor vehicle
owner to install an intelligent speed assistance device with respect to
such vehicle, the commissioner may, in their discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the
commissioner has determined that such registrant's intent has been to
evade the purposes of this section and where the commissioner has
reasonable grounds to believe that such registration or renewal will
have the effect of defeating the purposes of this section. Such denial
shall only remain in effect until the administering agency has sent the
owner written notification authorizing the removal of such intelligent
speed assistance device.

10. Warning label. The local law or ordinance adopted pursuant to this
section shall provide for the design of a warning label which the
manufacturer or service provider shall affix to each intelligent speed
assistance device upon installation in the state. The label shall
contain a warning that any person tampering or circumventing the device
is guilty of a violation and may be subject to civil liability.

11. Reporting of program results. a. By July first, two thousand
twenty-eight and every two years thereafter in which the demonstration
program is operable, the administering agency shall submit a report to
the governor, the temporary president of the senate, the speaker of the
assembly, and the chairs of the senate and assembly transportation
committees on the results of any demonstration program authorized by
subdivision two of this section. Such report shall include at minimum
and with respect to the preceding twenty-four months:

(i) the aggregate number of motor vehicle owners ordered to install an
intelligent speed assistance device in accordance with subdivision three
of this section, the aggregate number of such motor vehicles subject to
such orders in total, and in the aggregate by county within New York
state and within any other state;

(ii) the aggregate number of contestations elected by motor vehicle
owners in accordance with paragraph a of subdivision three of this
section and the percentage of such contestations resulting in (A) an
upheld or (B) a withdrawn order;

(iii) in the aggregate, the number of motor vehicle owners authorized
to remove such device, the number of motor vehicles to which such
removal authorization applies, and the relevant installation period for
each such device, pursuant to subdivision four of this section, which
shall be anonymized;

(iv) in the aggregate, the number of motor vehicle owners for whom the
cost of device installation was waived pursuant to subdivision six of
this section;

(v) the list of service providers of intelligent speed assistance
devices approved pursuant to subdivision eight hereof;

(vi) the aggregate number of violations for paragraphs a and b of
subdivision nine of this section that were adjudicated and the results
of such adjudications including breakdowns of dispositions made;

(vii) the number and amount of fines imposed, and the aggregate number
of registrations suspended, for violations of paragraphs a and b of
subdivision nine of this section; and

(viii) the effectiveness and adequacy of the demonstration program to
determine the impact on speeding violations and prevention of crashes.

b. Such report shall also be made publicly available on the website of
the New York city department of transportation.

* NB Effective May 26, 2027

* NB Repealed July 1, 2032