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S07621 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                     August 2, 2023
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          the installation of intelligent speed assistance devices for  repeated
          violation of maximum speed limits

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 119-c to read as follows:
     3    §  119-c. Intelligent speed assistance device. A device, also referred
     4  to as a "speed limiter", which is  installed  in  a  motor  vehicle  and
     5  utilizes  technology  to  cap the speed of a motor vehicle at five miles
     6  per hour more than the speed limit in a specific  zone.  The  technology
     7  shall  allow for slight acceleration past the speed limit, if necessary,
     8  based on traffic conditions.
     9    § 2. Subdivision (h) of section 1180 of the vehicle and traffic law is
    10  amended by adding a new paragraph 6 to read as follows:
    11    6. (i) Upon a conviction for a violation of subdivision (b), (c), (d),
    12  (f) or (g) of this section which results in an accumulation of eleven or
    13  more points on the driving record of  any  person  for  violations  that
    14  occurred during the preceding eighteen month period, the court shall, in
    15  addition  to  any  other  fines,  imprisonment, conditional discharge or
    16  license suspension or revocation, mandate that the person have installed
    17  an intelligent speed assistance device, otherwise known as a speed limi-
    18  ter, in any motor vehicle owned or operated by such person for a minimum
    19  period of twelve months or for any period of license suspension or revo-
    20  cation, whichever is later.
    21    (ii) Where a person who has accumulated eleven points on their driving
    22  record in the preceding eighteen month period does not appear in  court,
    23  the  commissioner  shall  send  a  written  notice  that  such person is
    24  required to install a speed limiter on any  motor  vehicle  operated  by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7621                             2
     1  such  person until the end of their license suspension or revocation, or
     2  conditional discharge or for a minimum of  twelve  months  whichever  is
     3  longer.  The  person shall provide proof of installation within ten days
     4  of  receiving  the  notice. If the person fails to provide such proof of
     5  installation, the commissioner shall suspend their  license,  modify  an
     6  existing  order  of suspension or direct the permanent revocation of the
     7  license of a person with a previously revoked license.
     8    (iii) Upon the finding of owner liability for failure of  an  operator
     9  to comply with certain posted maximum speed limits through a photo speed
    10  violation  monitoring system, where such person has received six or more
    11  notices of liability; or the finding of owner liability for  failure  of
    12  an  operator to comply with traffic-control indications through use of a
    13  traffic-control signal photo  violation-monitoring  device,  where  such
    14  person has received six or more notices of liability, during the preced-
    15  ing  twelve  month  period,  the  court  shall, in addition to any other
    16  fines, imprisonment, conditional  discharge  or  license  suspension  or
    17  revocation,  mandate that the person have installed an intelligent speed
    18  assistance device, otherwise known as a  speed  limiter,  in  any  motor
    19  vehicle  owned or operated by such person for a minimum period of twelve
    20  months or for any period of license suspension or revocation,  whichever
    21  is later.
    22    (iv)  A  person  who is required to install a speed limiter under this
    23  paragraph shall also be required to demonstrate safe  driving  practices
    24  to  the  satisfaction  of  the commissioner prior to the removal of such
    25  device.   The court, at the  recommendation  of  the  commissioner,  may
    26  extend  the  required speed limiter period for up to an additional thir-
    27  ty-six months for failure to demonstrate safe driving practices pursuant
    28  to an evaluation designed  by  the  commissioner.  This  evaluation  may
    29  include  a  written driving test or a road test that evaluates knowledge
    30  of and ability to execute safe driving practices as  well  as  consider-
    31  ation  of a driver's record during the period of speed limiter installa-
    32  tion, including accrual of traffic violations and notices  of  liability
    33  from  traffic-control signal photo violation-monitoring devices or photo
    34  speed violation monitoring systems. Other subjective factors may not  be
    35  considered  in the design of the evaluation by the commissioner or deci-
    36  sion by the court.
    37    (v) The cost of installing and maintaining a speed  limiter  shall  be
    38  borne  by  the  person subject to such condition unless the court deter-
    39  mines such person is financially unable to afford  such  cost  whereupon
    40  such  cost  may  be imposed pursuant to a payment plan or waived. At the
    41  end of the required installation period a speed limiter device shall  be
    42  returned to the department.
    43    (vi)  The  commissioner  shall  create  a list of approved intelligent
    44  speed assistance devices or speed limiters.
    45    (vii) Where a person who is ordered by a  court  to  install  a  speed
    46  limiter  is  not  the owner of the motor vehicle they operate they shall
    47  get a notarized  statement  from  the  vehicle's  owner  confirming  the
    48  installation.    If  an individual owns or operates multiple motor vehi-
    49  cles, they shall install a speed limiter in each one. The provisions  of
    50  this paragraph shall not apply to any authorized emergency vehicle.
    51    (viii)  Proof  of  installation of a speed limiter required under this
    52  paragraph shall occur within ten days of the court order. Within  thirty
    53  days after the initial installation the device shall be inspected by the
    54  department  to  ensure  the device is properly calibrated and installed.
    55  The device shall subsequently be inspected every sixty days to determine
    56  continued compliance.

        S. 7621                             3
     1    (ix) A violation of any provision of this paragraph, or a finding that
     2  any person has assisted a driver to violate this paragraph, shall  be  a
     3  class A misdemeanor punishable by up to one year in jail and the revoca-
     4  tion of any conditional discharge.
     5    (x)  (A)  The  commissioner  shall  submit  a report every twenty-four
     6  months to the governor and the legislature with the  following  informa-
     7  tion about the speed limiter program under this paragraph:
     8    (1)  Number  of  individuals  actively required to have speed limiters
     9  installed in motor vehicles they own or operate.
    10    (2)  Number  of  motor  vehicles  required  to  have  speed   limiters
    11  installed.
    12    (3)  Number  of  fee  waivers  approved  to  waive  the entire fee for
    13  installing a speed limiter.
    14    (4) Number of individuals put on a payment plan for their speed  limi-
    15  ter.
    16    (5)  Number of speeding tickets issued to individuals with speed limi-
    17  ters installed.
    18    (6) Number of other traffic law infractions committed  by  individuals
    19  with  speed limiters installed, organized by category or type of traffic
    20  violation.
    21    (7) Number of reported  accidents  involving  individuals  with  speed
    22  limiters installed.
    23    (8)  Number  of  known  individuals  who  have  not  complied with the
    24  provisions  of  this  paragraph,  separated  by  three  categories:  not
    25  initially  installing a device as required, removing the device before a
    26  follow-up inspection, and being cited for not having a  device  properly
    27  installed during a traffic stop.
    28    (B)  Such  report shall also be made publicly available on the depart-
    29  ment of transportation and department of motor vehicles websites.
    30    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    31  have  become  a law; provided, however, that subparagraph (iii) of para-
    32  graph 6 of subdivision (h) of section 1180 of the  vehicle  and  traffic
    33  law,  as  added  by  section two of this act, shall take effect one year
    34  after such effective date.
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