Bill Text: NY A07798 | 2017-2018 | General Assembly | Amended
Bill Title: Reduces the limitations on the number of schools 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 50-1)
Status: (Engrossed - Dead) 2018-06-18 - REFERRED TO RULES [A07798 Detail]
Download: New_York-2017-A07798-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7798--C 2017-2018 Regular Sessions IN ASSEMBLY May 15, 2017 ___________ Introduced by M. of A. GLICK, VANEL, ORTIZ, DenDEKKER, CYMBROWITZ, QUART, BARRON, WILLIAMS, HEVESI, SIMON, THIELE, L. ROSENTHAL, COOK, GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE, DE LA ROSA, DINOWITZ, DICKENS, SEAWRIGHT, JAFFEE, MOSLEY, AUBRY, BICHOTTE, KIM, RIVERA, SIMOTAS, PICHARDO, ROZIC, BENEDETTO, TITUS, PELLEGRINO, PAULIN, TAYLOR, ARROYO, ESPINAL -- Multi-Sponsored by -- M. of A. GALEF, HYND- MAN, LENTOL -- read once and referred to the Committee on Transporta- tion -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee -- recommitted to the Committee on Transporta- tion in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11514-14-8A. 7798--C 2 1 1. Notwithstanding any other provision of law, the city of New York is 2 hereby authorized to establish a demonstration program imposing monetary 3 liability on the owner of a vehicle for failure of an operator thereof 4 to comply with posted maximum speed limits in a school speed zone within 5 [the] such city (i) when a school speed limit is in effect as provided 6 in paragraphs one and two of subdivision (c) of section eleven hundred 7 eighty of this article or (ii) when other speed limits are in effect as 8 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 9 eighty of this article during the following times: (A) on school days 10 during school hours and one hour before and one hour after the school 11 day, and (B) a period during student activities at the school and up to 12 thirty minutes immediately before and up to thirty minutes immediately 13 after such student activities. Such demonstration program shall empower 14 the city of New York to install photo speed violation monitoring systems 15 within no more than [one hundred forty] two hundred ninety school speed 16 zones within [the] such city at any one time and to operate such systems 17 within such zones (iii) when a school speed limit is in effect as 18 provided in paragraphs one and two of subdivision (c) of section eleven 19 hundred eighty of this article or (iv) when other speed limits are in 20 effect as provided in subdivision (b), (d), (f) or (g) of section eleven 21 hundred eighty of this article during the following times: (A) on school 22 days during school hours and one hour before and one hour after the 23 school day, and (B) a period during student activities at the school and 24 up to thirty minutes immediately before and up to thirty minutes imme- 25 diately after such student activities. In selecting a school speed zone 26 in which to install and operate a photo speed violation monitoring 27 system, the city of New York shall consider criteria including, but not 28 limited to, the speed data, crash history, and the roadway geometry 29 applicable to such school speed zone. Such city shall prioritize the 30 placement of photo speed violation monitoring systems in school speed 31 zones based upon speed data or the crash history of a school speed zone. 32 A photo speed violation monitoring system shall not be installed or 33 operated on a controlled-access highway exit ramp or within three 34 hundred feet along a highway that continues from the end of a cont- 35 rolled-access highway exit ramp. 36 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle 37 and traffic law, as added by chapter 189 of the laws of 2013, is amended 38 to read as follows: 39 2. No photo speed violation monitoring system shall be used in a 40 school speed zone unless (i) on the day it is to be used it has success- 41 fully passed a self-test of its functions; and (ii) it has undergone an 42 annual calibration check performed pursuant to paragraph four of this 43 subdivision. The city [may] shall install signs giving notice that a 44 photo speed violation monitoring system is in use to be mounted on 45 advance warning signs notifying approaching motor vehicle operators of 46 such upcoming school speed zone and/or on speed limit signs applicable 47 within such school speed zone, in conformance with standards established 48 in the MUTCD. Such advance warning signs shall also, to the extent 49 authorized by the MUTCD, contain the words "speed camera ahead" and be 50 no more than three hundred feet from such photo speed violation monitor- 51 ing system. 52 § 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle 53 and traffic law, as added by chapter 189 of the laws of 2013, is amended 54 to read as follows:A. 7798--C 3 1 4. "school speed zone" shall mean a radial distance not to exceed one 2 thousand three hundred twenty feet [on a highway passing] from a school 3 building, entrance, or exit [of a school abutting on the highway]. 4 § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law, 5 as added by chapter 189 of the laws of 2013, is amended to read as 6 follows: 7 (n) If the city adopts a demonstration program pursuant to subdivision 8 [one] (a) of this section it shall conduct a study and submit [a] an 9 annual report on the results of the use of photo devices to the gover- 10 nor, the temporary president of the senate and the speaker of the assem- 11 bly on or before June first, two thousand nineteen and on the same date 12 in each succeeding year in which the demonstration program is operable. 13 Such report shall include: 14 1. the locations where and dates when photo speed violation monitoring 15 systems were used; 16 2. the aggregate number, type and severity of crashes, fatalities, 17 injuries and property damage reported within all school speed zones 18 within the city, to the extent the information is maintained by the 19 department of motor vehicles of this state; 20 3. the aggregate number, type and severity of crashes, fatalities, 21 injuries and property damage reported within school speed zones where 22 photo speed violation monitoring systems were used, to the extent the 23 information is maintained by the department of motor vehicles of this 24 state; 25 4. the number of violations recorded within all school speed zones 26 within the city, in the aggregate on a daily, weekly and monthly basis; 27 5. the number of violations recorded within each school speed zone 28 where a photo speed violation monitoring system is used, in the aggre- 29 gate on a daily, weekly and monthly basis; 30 6. the number of violations recorded within all school speed zones 31 within the city that were: 32 (i) more than ten but not more than twenty miles per hour over the 33 posted speed limit; 34 (ii) more than twenty but not more than thirty miles per hour over the 35 posted speed limit; 36 (iii) more than thirty but not more than forty miles per hour over the 37 posted speed limit; and 38 (iv) more than forty miles per hour over the posted speed limit; 39 7. the number of violations recorded within each school speed zone 40 where a photo speed violation monitoring system is used that were: 41 (i) more than ten but not more than twenty miles per hour over the 42 posted speed limit; 43 (ii) more than twenty but not more than thirty miles per hour over the 44 posted speed limit; 45 (iii) more than thirty but not more than forty miles per hour over the 46 posted speed limit; and 47 (iv) more than forty miles per hour over the posted speed limit; 48 8. the total number of notices of liability issued for violations 49 recorded by such systems; 50 9. the number of fines and total amount of fines paid after the first 51 notice of liability issued for violations recorded by such systems; 52 10. the number of violations adjudicated and the results of such adju- 53 dications including breakdowns of dispositions made for violations 54 recorded by such systems; 55 11. the total amount of revenue realized by the city in connection 56 with the program;A. 7798--C 4 1 12. the expenses incurred by the city in connection with the program; 2 [and] 3 13. the quality of the adjudication process and its results; and 4 14. the effectiveness and adequacy of the hours of operation for such 5 program to determine the impact on speeding violations and prevention of 6 crashes. 7 § 5. The opening paragraph of section 12 of chapter 43 of the laws of 8 2014, amending the vehicle and traffic law, the public officers law and 9 the general municipal law relating to photo speed violation monitoring 10 systems in school speed zones in the city of New York, 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]; provided that sections one through ten of this act 14 shall expire 4 years after such effective date when upon such date the 15 provisions of such sections of this act shall be deemed repealed; and 16 provided further that any rules necessary for the implementation of this 17 act on its effective date shall be promulgated on or before such effec- 18 tive date, provided that: 19 § 6. The opening paragraph of section 15 of chapter 189 of the laws of 20 2013, amending the vehicle and traffic law and the public officers law 21 relating to establishing in a city with a population of one million or 22 more a demonstration program implementing speed violation monitoring 23 systems in school speed zones by means of photo devices, is amended to 24 read as follows: 25 This act shall take effect on the thirtieth day after it shall have 26 become a law and shall expire [5 years after such effective date when27upon such date the provisions of this act shall] and be deemed repealed 28 July 1, 2022; and provided further that any rules necessary for the 29 implementation of this act on its effective date shall be promulgated on 30 or before such effective date, provided that: 31 § 7. Photo speed violation monitoring systems within the additional 32 150 school speed zones authorized for the city of New York by paragraph 33 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, 34 as amended by section one of this act, shall be authorized to be 35 installed over the 3 year period following the effective date of this 36 act as follows: 37 (a) in no more than 50 school speed zones during the first such year; 38 (b) in no more than 50 additional school speed zones during the second 39 such year; and 40 (c) in no more than 50 additional school speed zones during the third 41 such year. 42 § 8. This act shall take effect immediately; provided that the amend- 43 ments to section 1180-b of the vehicle and traffic law made by sections 44 one, two, three and four of this act shall not affect the repeal of such 45 section and shall be deemed repealed therewith; and provided further 46 that the amendments to paragraph 2 of subdivision (a) of section 1180-b 47 of the vehicle and traffic law made by section two of this act shall 48 take effect on the ninetieth day after this act shall have become a law.