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; removes 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.
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-
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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.
