Bill Text: NY A06449 | 2019-2020 | General Assembly | Introduced


Bill Title: Reduces the limitations on the number of schools in the city of New York at which photo speed violation monitoring 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; and extends the expiration of such program until July 1, 2022.

Spectrum: Partisan Bill (Democrat 41-0)

Status: (Engrossed) 2019-03-19 - RETURNED TO ASSEMBLY [A06449 Detail]

Download: New_York-2019-A06449-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6449
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
                                       ___________
        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to photo  speed
          violation  monitoring systems in school speed zones in the city of New
          York; to amend 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  making  technical
          corrections  thereto;  and  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 or
          more  a  demonstration program implementing speed violation monitoring
          systems in school speed zones by means of photo devices,  in  relation
          to the effectiveness thereof
          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 monetary
     6  liability on the owner of a vehicle for failure of an  operator  thereof
     7  to comply with posted maximum speed limits in a school speed zone within
     8  [the]  such  city (i) when a school speed limit is in effect as provided
     9  in paragraphs one and two of subdivision (c) of section  eleven  hundred
    10  eighty  of this article or (ii) when other speed limits are in effect as
    11  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
    12  eighty  of  this article [during the following times: (A) on school days
    13  during school hours and one hour before and one hour  after  the  school
    14  day,  and (B) a period during student activities at the school and up to
    15  thirty minutes immediately before and up to thirty  minutes  immediately

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10532-02-9

        A. 6449                             2

     1  after such student activities] weekdays between the hours of six o'clock
     2  A.M.  and ten o'clock P.M.  Such demonstration program shall empower the
     3  city of New York to install photo  speed  violation  monitoring  systems
     4  within no more than [one hundred forty] seven hundred fifty school speed
     5  zones within [the] such city at any one time and to operate such systems
     6  within  such  zones  (iii)  when  a  school  speed limit is in effect as
     7  provided in paragraphs one and two of subdivision (c) of section  eleven
     8  hundred  eighty  of  this article or (iv) when other speed limits are in
     9  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    10  hundred eighty of this article  [during  the  following  times:  (A)  on
    11  school  days  during school hours and one hour before and one hour after
    12  the school day, and (B) a period during student activities at the school
    13  and up to thirty minutes immediately before and  up  to  thirty  minutes
    14  immediately after such student activities] weekdays between the hours of
    15  six  o'clock  A.M. and ten o'clock P.M. In selecting a school speed zone
    16  in which to install and  operate  a  photo  speed  violation  monitoring
    17  system,  the city of New York shall consider criteria including, but not
    18  limited to, the speed data, crash  history,  and  the  roadway  geometry
    19  applicable  to  such  school  speed zone. Such city shall prioritize the
    20  placement of photo speed violation monitoring systems  in  school  speed
    21  zones based upon speed data or the crash history of a school speed zone.
    22  A  photo  speed  violation  monitoring  system shall not be installed or
    23  operated on a  controlled-access  highway  exit  ramp  or  within  three
    24  hundred  feet  along  a  highway  that continues from the end of a cont-
    25  rolled-access highway exit ramp.
    26    § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
    27  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    28  to read as follows:
    29    2.  No  photo  speed  violation  monitoring  system shall be used in a
    30  school speed zone unless (i) on the day it is to be used it has success-
    31  fully passed a self-test of its functions; and (ii) it has undergone  an
    32  annual  calibration  check  performed pursuant to paragraph four of this
    33  subdivision. The  city  [may]  shall  install  signs  giving  notice  to
    34  approaching  motor  vehicle operators that a photo speed violation moni-
    35  toring system is in use [to be mounted on advance warning signs  notify-
    36  ing motor vehicle operators of such upcoming school speed zone and/or on
    37  speed limit signs applicable within such school speed zone], in conform-
    38  ance with standards established in the MUTCD.
    39    §  3.  Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
    40  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    41  to read as follows:
    42    4. "school speed zone" shall mean a radial distance not to exceed  one
    43  thousand  three hundred twenty feet [on a highway passing] from a school
    44  building, entrance, or exit [of a school abutting on the highway].
    45    § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
    46  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
    47  follows:
    48    (n) If the city adopts a demonstration program pursuant to subdivision
    49  [one]  (a)  of  this  section it shall conduct a study and submit [a] an
    50  annual report on the results of the use of photo devices to  the  gover-
    51  nor, the temporary president of the senate and the speaker of the assem-
    52  bly on or before June first, two thousand twenty and on the same date in
    53  each  succeeding  year  in  which the demonstration program is operable.
    54  Such report shall include:
    55    1. the locations where and dates when photo speed violation monitoring
    56  systems were used;

        A. 6449                             3
     1    2. the aggregate number, type and  severity  of  crashes,  fatalities,
     2  injuries  and  property  damage  reported  within all school speed zones
     3  within the city, to the extent the  information  is  maintained  by  the
     4  department of motor vehicles of this state;
     5    3.  the  aggregate  number,  type and severity of crashes, fatalities,
     6  injuries and property damage reported within school  speed  zones  where
     7  photo  speed  violation  monitoring systems were used, to the extent the
     8  information is maintained by the department of motor  vehicles  of  this
     9  state;
    10    4.  the  number  of  violations recorded within all school speed zones
    11  within the city, in the aggregate on a daily, weekly and monthly basis;
    12    5. the number of violations recorded within  each  school  speed  zone
    13  where  a  photo speed violation monitoring system is used, in the aggre-
    14  gate on a daily, weekly and monthly basis;
    15    6. the number of violations recorded within  all  school  speed  zones
    16  within the city that were:
    17    (i)  more  than  ten  but not more than twenty miles per hour over the
    18  posted speed limit;
    19    (ii) more than twenty but not more than thirty miles per hour over the
    20  posted speed limit;
    21    (iii) more than thirty but not more than forty miles per hour over the
    22  posted speed limit; and
    23    (iv) more than forty miles per hour over the posted speed limit;
    24    7. the number of violations recorded within  each  school  speed  zone
    25  where a photo speed violation monitoring system is used that were:
    26    (i)  more  than  ten  but not more than twenty miles per hour over the
    27  posted speed limit;
    28    (ii) more than twenty but not more than thirty miles per hour over the
    29  posted speed limit;
    30    (iii) more than thirty but not more than forty miles per hour over the
    31  posted speed limit; and
    32    (iv) more than forty miles per hour over the posted speed limit;
    33    8. the total number of notices  of  liability  issued  for  violations
    34  recorded by such systems;
    35    9.  the number of fines and total amount of fines paid after the first
    36  notice of liability issued for violations recorded by such systems;
    37    10. the number of violations adjudicated and the results of such adju-
    38  dications including  breakdowns  of  dispositions  made  for  violations
    39  recorded by such systems;
    40    11.  the  total  amount  of revenue realized by the city in connection
    41  with the program;
    42    12. the expenses incurred by the city in connection with the  program;
    43  [and]
    44    13. the quality of the adjudication process and its results;
    45    14.  the  total  amount  of revenue expended on traffic and pedestrian
    46  safety within the city of New York; and
    47    15. the effectiveness and adequacy of the hours of operation for  such
    48  program to determine the impact on speeding violations and prevention of
    49  crashes.
    50    §  5. The opening paragraph of section 12 of chapter 43 of the laws of
    51  2014, amending the vehicle and traffic law, the public officers law  and
    52  the  general  municipal law relating to photo speed violation monitoring
    53  systems in school speed zones in the city of New  York,  is  amended  to
    54  read as follows:
    55    This  act  shall  take effect on the thirtieth day after it shall have
    56  become a law [and]; provided that sections one through ten of  this  act

        A. 6449                             4
     1  shall  expire  4 years after such effective date when upon such date the
     2  provisions of such sections of this act shall be  deemed  repealed;  and
     3  provided further that any rules necessary for the implementation of this
     4  act  on its effective date shall be promulgated on or before such effec-
     5  tive date, provided that:
     6    § 6. The opening paragraph of section 15 of chapter 189 of the laws of
     7  2013, amending the vehicle and traffic law and the public  officers  law
     8  relating  to  establishing in a city with a population of one million or
     9  more a demonstration program  implementing  speed  violation  monitoring
    10  systems  in  school speed zones by means of photo devices, is amended to
    11  read as follows:
    12    This act shall take effect on the thirtieth day after  it  shall  have
    13  become  a  law  and shall expire [5 years after such effective date when
    14  upon such date the provisions of this act shall] and be deemed  repealed
    15  July  1,  2022;  and  provided  further that any rules necessary for the
    16  implementation of this act on its effective date shall be promulgated on
    17  or before such effective date, provided that:
    18    § 7. Notwithstanding the  provisions  of  article  5  of  the  general
    19  construction law, the provisions of:
    20    (a)  paragraph  1  of subdivision (a) of section 1180-b of the vehicle
    21  and traffic law, as amended by  section  one  of  this  act,  is  hereby
    22  revived and shall be deemed to have been in full force and effect on and
    23  after July 25, 2018; and
    24    (b)  section  1180-b  of  the  vehicle  and traffic law, as amended by
    25  sections two, three and four of this act, is hereby revived and shall be
    26  deemed to have been in full force and effect on  and  after  August  30,
    27  2018.
    28    §  8.  This  act  shall take effect on the sixtieth day after it shall
    29  have become a law; provided that the amendments to section 1180-b of the
    30  vehicle and traffic law made by sections one, two, three,  and  four  of
    31  this act shall not affect the repeal of such section and shall be deemed
    32  repealed therewith.
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