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S08882 Summary:

BILL NOS08882
 
SAME ASNo Same As
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Amd §1180-e, V & T L
 
Authorizes the use of photo speed violation monitoring systems in highway construction or maintenance work areas on all highways in the state.
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S08882 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8882
 
                    IN SENATE
 
                                    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:
 
     1    Section  1.  Paragraph  1  of subdivision (a) of section 1180-e of the
     2  vehicle and traffic law, as amended by section 1 of part Q of chapter 58
     3  of the laws of 2025, is amended to read as follows:
     4    1. Notwithstanding any other provision of  law,  the  commissioner  of
     5  transportation is hereby authorized to establish a demonstration program
     6  imposing  monetary liability on the owner of a vehicle for failure of an
     7  operator thereof to comply with posted maximum speed limits in a highway
     8  construction or maintenance work area [located  on  a  controlled-access
     9  highway]  (i) when highway construction or maintenance work is occurring
    10  and a work area speed limit is in effect as provided in paragraph two of
    11  subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
    12  this  article  or  (ii) when highway construction or maintenance work is
    13  occurring and other speed limits are in effect as provided  in  subdivi-
    14  sion  (b)  or  (g) or paragraph one of subdivision (d) of section eleven
    15  hundred eighty of this article. Such demonstration program shall empower
    16  the commissioner to install photo  speed  violation  monitoring  systems
    17  within no more than forty highway construction or maintenance work areas
    18  [located  on  controlled-access  highways]  and  to operate such systems
    19  within such work areas (iii) when highway  construction  or  maintenance
    20  work  is  occurring and a work area speed limit is in effect as provided
    21  in paragraph two of subdivision (d) or subdivision (f) of section eleven
    22  hundred eighty of this article or  (iv)  when  highway  construction  or
    23  maintenance  work  is  occurring and other speed limits are in effect as
    24  provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
    25  of  section  eleven hundred eighty of this article. The commissioner, in
    26  consultation with the superintendent of the division  of  state  police,
    27  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
 
     1  work areas [located on a controlled-access highway] in which to  install
     2  and  operate  photo  speed violation monitoring systems.  In selecting a
     3  highway construction or maintenance work area in which  to  install  and
     4  operate  a  photo  speed  violation  monitoring system, the commissioner
     5  shall consider criteria including, but not limited to, the  speed  data,
     6  crash   history,   and  roadway  geometry  applicable  to  such  highway
     7  construction or maintenance work area. A photo speed violation  monitor-
     8  ing  system  shall  not  be installed or operated on a controlled-access
     9  highway exit ramp.
    10    § 2. Subdivision (b) of section 1180-e of the vehicle and traffic law,
    11  as amended by section 2 of part Q of chapter 58 of the laws of 2025,  is
    12  amended to read as follows:
    13    (b)  If the commissioner or chair of the thruway authority, Triborough
    14  bridge and tunnel authority, or bridge authority  establishes  a  demon-
    15  stration  program pursuant to subdivision (a) of this section, the owner
    16  of a vehicle shall be liable for a  penalty  imposed  pursuant  to  this
    17  section  if such vehicle was used or operated with the permission of the
    18  owner, express or implied, within a highway construction or  maintenance
    19  work area located on a [controlled-access] highway, the thruway, Tribor-
    20  ough  bridge and tunnel authority facilities or bridge authority facili-
    21  ties, as applicable in violation of paragraph two of subdivision (d)  or
    22  subdivision  (f),  or when other speed limits are in effect in violation
    23  of subdivision (b) or (g)  or  paragraph  one  of  subdivision  (d),  of
    24  section  eleven hundred eighty of this article, such vehicle was travel-
    25  ing at a speed of more than ten miles per hour above  the  posted  speed
    26  limit  in  effect  within  such highway construction or maintenance work
    27  area, and such violation is evidenced by  information  obtained  from  a
    28  photo  speed violation monitoring system; provided however that no owner
    29  of a vehicle shall be liable for a  penalty  imposed  pursuant  to  this
    30  section  where  the  operator  of such vehicle has been convicted of the
    31  underlying violation of subdivision (b), (d),  (f)  or  (g)  of  section
    32  eleven hundred eighty of this article.
    33    §  3.  Paragraph 9 of subdivision (c) of section 1180-e of the vehicle
    34  and traffic law, as amended by section 2 of part Q of chapter 58 of  the
    35  laws of 2025, is amended to read as follows:
    36    9.  "photo  speed  violation  monitoring  system" shall mean a vehicle
    37  sensor installed to work in conjunction with a  speed  measuring  device
    38  which automatically produces two or more photographs, two or more micro-
    39  photographs, a videotape or other recorded images of each vehicle at the
    40  time  it  is  used  or operated in a highway construction or maintenance
    41  work area located on a [controlled-access] highway, the thruway, Tribor-
    42  ough bridge and tunnel authority facility or bridge  authority  facility
    43  in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
    44  hundred eighty of this article in accordance with the provisions of this
    45  section;
    46    § 4. Paragraphs 2, 4 and 6 of subdivision (m) of section 1180-e of the
    47  vehicle and traffic law, as amended by section 2 of part Q of chapter 58
    48  of the laws of 2025, are amended to read as follows:
    49    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    50  injuries and property damage reported within all highway construction or
    51  maintenance  work  areas  on  [controlled-access] highways, the thruway,
    52  Triborough bridge and tunnel authority facilities  or  bridge  authority
    53  facilities,  as  applicable, to the extent the information is maintained
    54  by the commissioner, the chair  of  the  thruway  authority,  Triborough
    55  bridge  and  tunnel authority, or bridge authority, or the department of
    56  motor vehicles of this state;

        S. 8882                             3
 
     1    4. the number of violations recorded within all  highway  construction
     2  or  maintenance work areas on [controlled-access] highways, the thruway,
     3  Triborough bridge and tunnel authority facilities  or  bridge  authority
     4  facilities, in the aggregate on a daily, weekly and monthly basis to the
     5  extent  the  information is maintained by the commissioner, the chair of
     6  the thruway authority, Triborough bridge and tunnel authority, or bridge
     7  authority, or the department of motor vehicles of this state;
     8    6. to the extent the information is maintained  by  the  commissioner,
     9  the chair of the thruway authority, Triborough bridge and tunnel author-
    10  ity,  or  bridge  authority, or the department of motor vehicles of this
    11  state, the number of violations recorded within all highway construction
    12  or maintenance work areas on [controlled-access] highways, the  thruway,
    13  Triborough  bridge  and  tunnel authority facilities or bridge authority
    14  facilities, that were:
    15    (i) more than ten but not more than twenty miles  per  hour  over  the
    16  posted speed limit;
    17    (ii) more than twenty but not more than thirty miles per hour over the
    18  posted speed limit;
    19    (iii) more than thirty but not more than forty miles per hour over the
    20  posted speed limit; and
    21    (iv) more than forty miles per hour over the posted speed limit;
    22    §  5.  This act shall take effect immediately; provided, however, that
    23  the amendments to section 1180-e of the vehicle and traffic law made  by
    24  sections  one,  two,  three  and  four  of this act shall not affect the
    25  repeal of such section and shall be deemed repealed therewith.
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