Bill Text: NY S09304 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-10 - REFERRED TO TRANSPORTATION [S09304 Detail]
Download: New_York-2023-S09304-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9304 IN SENATE May 10, 2024 ___________ Introduced by Sen. HARCKHAM -- 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 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 added by chapter 421 of the laws of 2021, is amended 4 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 controlled-access 10 highway (i) when highway construction or maintenance work is occurring 11 and a work area speed limit is in effect as provided in paragraph two of 12 subdivision (d) or subdivision (f) of section eleven hundred eighty of 13 this article or (ii) when highway construction or maintenance work is 14 occurring and other speed limits are in effect as provided in subdivi- 15 sion (b) or (g) or paragraph one of subdivision (d) of section eleven 16 hundred eighty of this article. Such demonstration program shall empower 17 the commissioner to install photo speed violation monitoring systems 18 within no more than twenty highway construction or maintenance work 19 areas located on controlled-access highways and to operate such systems 20 within such work areas (iii) when highway construction or maintenance 21 work is occurring and a work area speed limit is in effect as provided 22 in paragraph two of subdivision (d) or subdivision (f) of section eleven 23 hundred eighty of this article or (iv) when highway construction or 24 maintenance work is occurring and other speed limits are in effect as 25 provided in subdivision (b) or (g) or paragraph one of subdivision (d) 26 of section eleven hundred eighty of this article. The commissioner, in 27 consultation with the superintendent of the division of state police, 28 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. LBD10952-05-4S. 9304 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 (b) The town of Yorktown, Westchester county, with respect to highways 11 in such town, but not including state highways maintained by the state, 12 may install and operate photo speed violation monitoring systems: (i) 13 when highway construction or maintenance work is occurring and a work 14 area speed limit is in effect as provided in paragraph two of subdivi- 15 sion (d) or subdivision (f) of section eleven hundred eighty of this 16 article; or (ii) when highway construction or maintenance work is occur- 17 ring and other speed limits are in effect as provided in subdivision (g) 18 or paragraph one of subdivision (d) of section eleven hundred eighty of 19 this article. 20 § 3. Section 371-a of the general municipal law, as separately added 21 by chapters 421, 460 and 773 of the laws of 2021, is amended to read as 22 follows: 23 § 371-a. Additional jurisdiction and procedure related to the adjudi- 24 cation of certain notices of liability. A traffic violations bureau 25 established pursuant to subdivision one and a traffic and parking 26 violations agency established pursuant to subdivision two of section 27 three hundred seventy-one of this article may be authorized to adjudi- 28 cate, in accordance with the provisions of this article, the liability 29 of owners: (a) for violations of subdivision (d) of section eleven 30 hundred eleven of the vehicle and traffic law imposed pursuant to a 31 local law or ordinance imposing monetary liability on the owner of a 32 vehicle for failure of an operator thereof to comply with traffic-con- 33 trol indications through the installation and operation of traffic-con- 34 trol signal photo violation-monitoring systems, in accordance with arti- 35 cle twenty-four of the vehicle and traffic law; or (b) for violations of 36 section eleven hundred seventy-four of the vehicle and traffic law when 37 meeting a school bus marked and equipped as provided in subdivisions 38 twenty and twenty-one-c of section three hundred seventy-five of the 39 vehicle and traffic law imposed pursuant to a local law or ordinance 40 imposing monetary liability on the owner of a vehicle for failure of an 41 operator thereof to comply with school bus red visual signals through 42 the installation and operation of school bus photo violation monitoring 43 systems, in accordance with article twenty-nine of the vehicle and traf- 44 fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of 45 section eleven hundred eighty of the vehicle and traffic law imposed 46 pursuant to a demonstration program imposing monetary liability on the 47 owner of a vehicle for failure of an operator thereof to comply with 48 such posted maximum speed limits within a [highway] construction or 49 maintenance work area through the installation and operation of photo 50 speed violation monitoring systems, in accordance with article thirty of 51 [this chapter] the vehicle and traffic law. 52 § 4. This act shall take effect on the ninetieth day after it shall 53 have become a law; provided that the amendments to section 1180-e of the 54 vehicle and traffic law made by section two of this act shall not affect 55 the repeal of such section and shall be deemed repealed therewith.
