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S07802 Summary:

BILL NOS07802A
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd §1180-e, V & T L; amd §371-a, Gen Muni L
 
Authorizes the town of Yorktown, Westchester county, shall have the ability to install and operate photo speed violation monitoring systems within construction or maintenance work areas that fall within the border or jurisdiction of such municipality; makes related provisions.
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S07802 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7802--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       May 9, 2025
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation  --  recom-
          mitted  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 owner
          liability for failure of operator to comply with certain posted  maxi-
          mum  speed  limits in the town of Yorktown, Westchester county; and to
          amend the general municipal  law,  in  relation  to  making  technical
          corrections
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as "Jake's Law".
     2    § 2. Paragraph 1 of subdivision (a) of section 1180-e of  the  vehicle
     3  and  traffic law, as amended by section 1 of part G of chapter 58 of the
     4  laws of 2026, is amended to read as follows:
     5    1. (a) Notwithstanding any other provision of law, the commissioner of
     6  transportation is hereby authorized to establish a demonstration program
     7  imposing monetary liability on the owner of a vehicle for failure of  an
     8  operator thereof to comply with posted maximum speed limits in a highway
     9  construction  or  maintenance  work  area  located on a highway (i) when
    10  highway construction or maintenance work is occurring and  a  work  area
    11  speed limit is in effect as provided in paragraph two of subdivision (d)
    12  or  subdivision  (f) of section eleven hundred eighty of this article or
    13  (ii) when highway construction or  maintenance  work  is  occurring  and
    14  other  speed  limits are in effect as provided in subdivision (b) or (g)
    15  or paragraph one of subdivision (d) of section eleven hundred eighty  of
    16  this  article. Such demonstration program shall empower the commissioner
    17  to install photo speed violation monitoring systems within no more  than
    18  forty highway construction or maintenance work areas located on highways
    19  and  to  operate  such systems within such work areas (iii) when highway
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06452-02-6

        S. 7802--A                          2
 
     1  construction or maintenance work is occurring  and  a  work  area  speed
     2  limit  is  in  effect as provided in paragraph two of subdivision (d) or
     3  subdivision (f) of section eleven hundred eighty of this article or (iv)
     4  when  highway  construction  or  maintenance work is occurring and other
     5  speed limits are in effect as provided in  subdivision  (b)  or  (g)  or
     6  paragraph  one  of  subdivision  (d) of section eleven hundred eighty of
     7  this article. The commissioner, in consultation with the  superintendent
     8  of  the  division  of  state police, shall determine the location of the
     9  highway construction or maintenance work areas located on a  highway  in
    10  which  to  install and operate photo speed violation monitoring systems.
    11  In selecting a highway construction or maintenance work area in which to
    12  install and operate a  photo  speed  violation  monitoring  system,  the
    13  commissioner  shall consider criteria including, but not limited to, the
    14  speed data, crash history, and roadway geometry applicable to such high-
    15  way construction or maintenance work area. A photo speed violation moni-
    16  toring system shall not be installed or operated on a highway exit ramp.
    17    (b) Provided that, in addition to the highways that  the  commissioner
    18  is  authorized to operate the program on pursuant to subparagraph (a) of
    19  this paragraph, the commissioner of transportation is hereby  authorized
    20  and empowered to impose monetary liability on the owner of a vehicle for
    21  failure  of  an  operator  thereof  to  comply with maximum posted speed
    22  limits in a highway construction or maintenance work area located  on  a
    23  highway  in  the town of Yorktown in Westchester county (i) when highway
    24  construction or maintenance work  is  occurring and a  work  area  speed
    25  limit  is in effect as provided in paragraph two of subdivision  (d)  or
    26  subdivision (f) of section eleven hundred eighty of this article or (ii)
    27  when highway construction or   maintenance   work   is  occurring    and
    28  other  speed  limits are in effect as provided in subdivision (b) or (g)
    29  or paragraph one of subdivision (d)  of  section  eleven hundred  eighty
    30  of  this  article, upon approval in writing obtained by the commissioner
    31  from the town, provided that the town may at any time rescind or  modify
    32  such approval.
    33    § 3. Section 371-a of the general municipal law, as amended by section
    34  10  of  part  N of chapter 58 of the laws of 2025, is amended to read as
    35  follows:
    36    § 371-a. Additional jurisdiction and procedure related to the  adjudi-
    37  cation  of  certain  notices  of  liability. A traffic violations bureau
    38  established pursuant to  subdivision  one  and  a  traffic  and  parking
    39  violations  agency  established  pursuant  to subdivision two of section
    40  three hundred seventy-one of this article may be authorized  to  adjudi-
    41  cate,  in  accordance with the provisions of this article, the liability
    42  of owners: (a) for violations  of  subdivision  (d)  of  section  eleven
    43  hundred  eleven  of  the  vehicle  and traffic law imposed pursuant to a
    44  local law or ordinance imposing monetary liability on  the  owner  of  a
    45  vehicle  for  failure of an operator thereof to comply with traffic-con-
    46  trol indications through the installation and operation of  traffic-con-
    47  trol signal photo violation-monitoring systems, in accordance with arti-
    48  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    49  section  eleven hundred seventy-four of the vehicle and traffic law when
    50  meeting a school bus marked and equipped  as  provided  in  subdivisions
    51  twenty  and  twenty-one-c  of  section three hundred seventy-five of the
    52  vehicle and traffic law imposed pursuant to a  local  law  or  ordinance
    53  imposing  monetary liability on the owner of a vehicle for failure of an
    54  operator thereof to comply with school bus red  visual  signals  through
    55  the  installation and operation of school bus photo violation monitoring
    56  systems, in accordance with article twenty-nine of the vehicle and traf-

        S. 7802--A                          3
 
     1  fic law; or (c) for violations of subdivision (b), (d), (f)  or  (g)  of
     2  section  eleven  hundred  eighty  of the vehicle and traffic law imposed
     3  pursuant to a demonstration program imposing monetary liability  on  the
     4  owner  of  a  vehicle  for failure of an operator thereof to comply with
     5  such posted maximum speed limits  within  a  [highway]  construction  or
     6  maintenance  work  area  through the installation and operation of photo
     7  speed violation monitoring systems, in accordance with article thirty of
     8  this chapter; or (d) for violations of section three hundred eighty-five
     9  of the vehicle and traffic law and the rules of the  applicable  covered
    10  agency  or covered authority as such terms are defined in article ten of
    11  the vehicle and traffic law in relation to gross vehicle  weight  and/or
    12  axle  weight  violations  imposed  pursuant  to a weigh in motion demon-
    13  stration program imposing monetary liability on the owner of  a  vehicle
    14  for  failure  of  an  operator thereof to comply with such gross vehicle
    15  weight and/or axle weight  restrictions  through  the  installation  and
    16  operation of weigh in motion violation monitoring systems, in accordance
    17  with article ten of the vehicle and traffic law.
    18    §  4.  The town of Yorktown and the commissioner of transportation are
    19  hereby authorized and empowered to install signage giving advance notice
    20  to motor vehicle operators of the  presence  of  photo  speed  violation
    21  monitoring  systems operated pursuant to a demonstration program author-
    22  ized by article thirty of the vehicle and traffic  law,  in  conformance
    23  with  standards  established  in  the  manual on uniform traffic control
    24  devices maintained by the commissioner  of  transportation  pursuant  to
    25  section  sixteen hundred eighty of the vehicle and traffic law. The town
    26  of Yorktown is additionally authorized to design and implement a  public
    27  information  campaign  before  photo  speed violation monitoring systems
    28  authorized pursuant to the provisions of section eleven hundred eighty-e
    29  of the vehicle and traffic law, as amended by section two of  this  act,
    30  go  into  operation, to notify and educate motor vehicle operators about
    31  such demonstration program.
    32    § 5. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law; provided that the amendments to section 1180-e of the
    34  vehicle and traffic law made by section two of this act shall not affect
    35  the repeal of such section and shall be deemed repealed therewith.
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