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A06677 Summary:

BILL NOA06677
 
SAME ASSAME AS S00590-A
 
SPONSORGlick
 
COSPNSRGottfried, Cook, Dinowitz, Simon, Barron, Sepulveda, Dickens, Seawright, D'Urso, Blake, Thiele, De La Rosa, Rosenthal, Carroll, Benedetto, Aubry, Ortiz, Williams, Mosley, Crespo
 
MLTSPNSRCymbrowitz, DenDekker, Hevesi, Lentol
 
Amd 1180-b, rpld sub (j), V & T L; amd 12, Chap 43 of 2014; amd 15, Chap 189 of 2013
 
Makes the photo speed violation monitoring systems program for school speed zones in the city of New York permanent; eliminates the limitations on the number of schools at which such systems may be utilized and the times during which they may be operated; requires such city to install signs giving notice of the use of such a system; removes the jurisdiction of the New York city parking violations bureau over school zone speed violations.
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A06677 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6677
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 15, 2017
                                       ___________
 
        Introduced  by M. of A. GLICK, GOTTFRIED, COOK, DINOWITZ, SIMON, BARRON,
          SEPULVEDA, DICKENS, SEAWRIGHT, D'URSO, BLAKE, THIELE -- read once  and
          referred to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to establishing
          photo  speed violation monitoring systems in school speed zones in the
          city of New York; 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 people or more
          a  demonstration  program  implementing  speed  violation   monitoring
          systems  in  school zones by means of photo devices, and 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 the effectiveness thereof; and to repeal subdivi-
          sion  (j) of section 1180-b of the vehicle and traffic law relating to
          adjudications by the New York city parking violations bureau
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  1  of subdivision (a) of section 1180-b of the
     2  vehicle and traffic law, as amended by chapter 43 of the laws  of  2014,
     3  is amended to read as follows:
     4    1. Notwithstanding any other provision of law, the city of New York is
     5  hereby  authorized to establish a [demonstration] program imposing mone-
     6  tary liability on the owner of a vehicle  for  failure  of  an  operator
     7  thereof  to  comply  with  posted maximum speed limits in a school speed
     8  zone within the city (i) when a school  speed  limit  is  in  effect  as
     9  provided  in paragraphs one and two of subdivision (c) of section eleven
    10  hundred eighty of this article or (ii) when other speed  limits  are  in
    11  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    12  hundred  eighty  of  this  article  [during  the following times: (A) on
    13  school days during school hours and one hour before and one  hour  after

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00134-02-7

        A. 6677                             2

     1  the school day, and (B) a period during student activities at the school
     2  and  up  to  thirty  minutes immediately before and up to thirty minutes
     3  immediately after such student activities]. Such [demonstration] program
     4  shall  empower  the  city  to  install  photo speed violation monitoring
     5  systems within [no more than one hundred forty] all school  speed  zones
     6  within  the  city  [at  any one time] and to operate such systems within
     7  such zones (iii) when a school speed limit is in effect as  provided  in
     8  paragraphs  one  and  two  of  subdivision (c) of section eleven hundred
     9  eighty of this article or (iv) when other speed limits are in effect  as
    10  provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
    11  eighty of this article [during the following times: (A) on  school  days
    12  during  school  hours  and one hour before and one hour after the school
    13  day, and (B) a period during student activities at the school and up  to
    14  thirty  minutes  immediately before and up to thirty minutes immediately
    15  after such student activities]. In selecting  a  school  speed  zone  in
    16  which  to install and operate a photo speed violation monitoring system,
    17  the city shall consider criteria including, but not limited to the speed
    18  data, crash history, and the roadway geometry applicable to such  school
    19  speed  zone.  A  photo  speed  violation  monitoring system shall not be
    20  installed on a controlled-access  highway  exit  ramp  or  within  three
    21  hundred  feet  along  a  highway  that continues from the end of a cont-
    22  rolled-access highway exit ramp.
    23    § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
    24  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    25  to read as follows:
    26    2.  No  photo  speed  violation  monitoring  system shall be used in a
    27  school speed zone unless (i) on the day it is to be used it has success-
    28  fully passed a self-test of its functions; and (ii) it has undergone  an
    29  annual  calibration  check  performed pursuant to paragraph four of this
    30  subdivision. The city [may] shall install signs  giving  notice  that  a
    31  photo  speed  violation  monitoring  system  is  in use to be mounted on
    32  advance warning signs notifying motor vehicle operators of such upcoming
    33  school speed zone and/or on  speed  limit  signs  applicable  within  or
    34  approaching such school speed zone, provided that such speed limit signs
    35  shall be no more than three hundred feet from such school speed zone, in
    36  conformance with standards established in the MUTCD.
    37    §  3.  Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
    38  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    39  to read as follows:
    40    4. "school speed zone" shall mean a radial distance not to exceed  one
    41  thousand  three hundred twenty feet [on a highway passing] from a school
    42  building, entrance or exit [of a school abutting on the highway].
    43    § 4. Subdivision (j) of section 1180-b of the vehicle and traffic  law
    44  is  REPEALED, and subdivisions (k), (l), (m), (n) and (o) are relettered
    45  subdivisions (j), (k), (l), (m) and (n).
    46    § 5. Paragraphs 2 and 3 of subdivision (j) of section  1180-b  of  the
    47  vehicle and traffic law, as added by chapter 189 of the laws of 2013 and
    48  such  subdivision as relettered by section four of this act, are amended
    49  to read as follows:
    50    2. Failure to comply with subparagraph (ii) of paragraph [(a)] one  of
    51  this   subdivision  shall  render  the  owner  liable  for  the  penalty
    52  prescribed in this section.
    53    3. Where the lessor complies with the provisions  of  paragraph  [(a)]
    54  one  of this subdivision, the lessee of such vehicle on the date of such
    55  violation shall be deemed to be the owner of such vehicle  for  purposes
    56  of this section, shall be subject to liability for such violation pursu-

        A. 6677                             3
 
     1  ant  to this section and shall be sent a notice of liability pursuant to
     2  subdivision [nine] (g) of this section.
     3    §  6. The opening paragraph of section 12 of chapter 43 of the laws of
     4  2014, amending the vehicle and traffic law, the public officers law  and
     5  the  general  municipal law relating to photo speed violation monitoring
     6  systems in school speed zones in the city of New  York,  is  amended  to
     7  read as follows:
     8    This  act  shall  take effect on the thirtieth day after it shall have
     9  become a law [and]; provided that sections one through ten of  this  act
    10  shall  expire  4 years after such effective date when upon such date the
    11  provisions of this act shall be deemed repealed;  and  provided  further
    12  that  any  rules  necessary  for  the  implementation of this act on its
    13  effective date shall be promulgated on or before  such  effective  date,
    14  provided that:
    15    §  7.  Subparagraph  (i)  of paragraph 5 of subdivision (a) of section
    16  1180-b of the vehicle and traffic law, as added by chapter  189  of  the
    17  laws of 2013, is amended to read as follows:
    18    (i)  Such [demonstration] program shall utilize necessary technologies
    19  to ensure, to the  extent  practicable,  that  photographs,  microphoto-
    20  graphs,  videotape or other recorded images produced by such photo speed
    21  violation monitoring systems shall not include images that identify  the
    22  driver,  the  passengers,  or  the  contents of the vehicle.   Provided,
    23  however, that no notice of liability issued  pursuant  to  this  section
    24  shall  be  dismissed  solely because such a photograph, microphotograph,
    25  videotape or other recorded image allows for the identification  of  the
    26  driver, the passengers, or the contents of vehicles where the city shows
    27  that  it  made  reasonable efforts to comply with the provisions of this
    28  paragraph in such case.
    29    § 8. Subdivision (b) of section 1180-b of the vehicle and traffic law,
    30  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
    31  follows:
    32    (b)  If  the  city  of  New York establishes a [demonstration] program
    33  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
    34  shall  be  liable for a penalty imposed pursuant to this section if such
    35  vehicle was used or operated with the permission of the  owner,  express
    36  or  implied,  within a school speed zone in violation of subdivision (c)
    37  of this section or during the times authorized pursuant  to  subdivision
    38  (a)  of this section in violation of subdivision (b), (d), (f) or (g) of
    39  section eleven hundred eighty of this article, such vehicle was  travel-
    40  ing  at  a  speed of more than ten miles per hour above the posted speed
    41  limit in effect within such school speed zone,  and  such  violation  is
    42  evidenced  by information obtained from a photo speed violation monitor-
    43  ing system; provided however that no owner of a vehicle shall be  liable
    44  for  a  penalty  imposed  pursuant to this section where the operator of
    45  such vehicle has been convicted of the underlying violation of  subdivi-
    46  sion  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
    47  article.
    48    § 9. Subdivision (f) of section 1180-b of the vehicle and traffic law,
    49  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
    50  follows:
    51    (f)  An  imposition  of  liability  under  the [demonstration] program
    52  established pursuant to this section shall not be deemed a conviction as
    53  an operator and shall not be made part of the operating  record  of  the
    54  person  upon  whom  such  liability  is imposed nor shall it be used for
    55  insurance purposes in the provision of motor vehicle insurance coverage.

        A. 6677                             4
 
     1    § 10. The opening paragraph of subdivision (n) of  section  1180-b  of
     2  the vehicle and traffic law, as added by chapter 189 of the laws of 2013
     3  and  such  subdivision  as  relettered  by  section four of this act, is
     4  amended to read as follows:
     5    If  the  city adopts a [demonstration] program pursuant to subdivision
     6  [one of] (a) of this section it shall  conduct  a  study  and  submit  a
     7  report  on  the results of the use of photo devices to the governor, the
     8  temporary president of the senate and the speaker of the assembly.  Such
     9  report shall include:
    10    §  11.  The opening paragraph of section 15 of chapter 189 of the laws
    11  of 2013, amending the vehicle and traffic law and  the  public  officers
    12  law  relating to establishing in a city with a population of one million
    13  people or more a  demonstration  program  implementing  speed  violation
    14  monitoring systems in school zones by means of photo devices, is amended
    15  to read as follows:
    16    This  act  shall  take effect on the thirtieth day after it shall have
    17  become a law [and shall expire 5 years after such  effective  date  when
    18  upon  such  date  the  provisions  of this act shall be deemed repealed;
    19  and]; provided [further] that any rules necessary for the implementation
    20  of this act on its effective date shall be promulgated on or before such
    21  effective date, provided, further, that:
    22    § 12. This act shall take effect immediately.
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