Bill Text: NY A02104 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the department of transportation to develop and implement rules and regulations for the increased safety of work and school zones which shall include a police presence at all major active work zones, a system for reviewing work zone safety and design and a live operator controlled photo-monitoring program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02104 Detail]

Download: New_York-2019-A02104-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2104
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the transportation law, in relation to work  and  school
          zone  safety  and  enforcement;  and  to repeal section 22 of such law
          relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 22 of the transportation law is REPEALED and a new
     2  section 22 is added to read as follows:
     3    § 22. Work and school zone safety and enforcement. 1.  The  department
     4  shall,  in  cooperation  with  the  superintendent  of state police, the
     5  commissioner of motor vehicles, the chairman of the New York state thru-
     6  way authority, local law enforcement agencies, and such  other  entities
     7  as the commissioner may designate, develop and implement rules and regu-
     8  lations  for  the  increased safety of work and school zones. Such rules
     9  and regulations shall include, but shall not be  limited  to,  a  police
    10  presence  at  all  major active work zones as defined by rules and regu-
    11  lations set forth by the commissioner, and a system for  reviewing  work
    12  zone  safety and design for all work zones under the jurisdiction of the
    13  department.
    14    2. Notwithstanding any law to the  contrary,  the  commissioner  shall
    15  establish a work and school zone live operator controlled photo-monitor-
    16  ing  program.  Under  this  program,  the  commissioner is authorized to
    17  select at any given time no more than one hundred  work  zone  locations
    18  and  one  hundred school zone locations for photo-monitoring enforcement
    19  of speeding under section eleven hundred eighty of the vehicle and traf-
    20  fic law. Adjudication of contested violations shall be accomplished by a
    21  process established by the division of criminal justice services.
    22    3. The device used for photo-monitoring in a work zone or school  zone
    23  shall  consist  of  one  or  more vehicle speed sensors that trigger the
    24  recording of a speeding violation by one or  more  digital  photographic
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00269-01-9
        A. 2104                             2
     1  cameras.  Each device shall be within the dominion and control of a live
     2  operator. Peace officers shall only record violations committed in their
     3  presence. Peace officers may either issue a citation on  the  scene,  or
     4  after  reviewing  the digital evidence send citations by mail. A copy of
     5  the digital evidence shall be made available to  the  addressee  of  the
     6  citation.
     7    4.  The commissioner shall select a work and school zone live operator
     8  controlled photo-monitoring equipment, software,  and  service  provider
     9  that  is  incorporated  and  located within the state, and has conducted
    10  business with the state for a period of not less  than  ten  years.  The
    11  commissioner shall endeavor to contract with a work zone live photo-mon-
    12  itoring  equipment, software, and service provider certified under arti-
    13  cle fifteen-A of the executive law.
    14    5. The work and school zone live operator controlled  photo-monitoring
    15  program shall utilize speed measurement methods in which a photograph is
    16  taken  as near as technically possible to the location of recorded speed
    17  measurements. Only photographs of the  rear  of  the  vehicle  shall  be
    18  taken.  Such program shall use systems that provide a secondary measure-
    19  ment of vehicle average speed over distance as  verification.  In  addi-
    20  tion,  these systems shall be capable of uniquely identifying a speeding
    21  vehicle among multiple vehicles within the detection range of the  speed
    22  sensor.  Such  program shall not utilize in-the-road embedded or surface
    23  mount sensors or additional road markings. Those devices which are vehi-
    24  cle mounted shall only be mounted in fully marked law enforcement  vehi-
    25  cles.  Such  program shall utilize core technology database and applica-
    26  tion protocols  for  ticket-processing  systems  compatible  with  state
    27  agency systems.
    28    6.  The commissioner shall report annually to the governor, the tempo-
    29  rary president of the senate and the speaker of the assembly the  number
    30  and location of speeding violations by county, and the amount of revenue
    31  received after costs.
    32    § 2. This act shall take effect immediately.