Bill Text: NY A07798 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7798
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 15, 2017
                                       ___________
        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 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 people  or  more  a  demon-
          stration  program  implementing  speed violation monitoring systems in
          school zones by means of photo devices, and 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  moni-
          toring  systems  in  school  speed  zones  in the city of New York, 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
    16  after such student activities] between the hours of six o'clock A.M. and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11514-01-7
        A. 7798                             2
     1  ten o'clock P.M. Such demonstration program shall empower  the  city  of
     2  New  York  to install photo speed violation monitoring systems within no
     3  more than [one hundred forty] seven hundred  fifty  school  speed  zones
     4  within [the] such city at any one time and to operate such systems with-
     5  in  such  zones (iii) 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 (iv) 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] between the hours of six o'clock A.M. and
    14  ten  o'clock  P.M.  In selecting a school speed zone in which to install
    15  and operate a photo speed violation monitoring system, the city  of  New
    16  York  shall  consider  criteria including, but not limited to, the speed
    17  data, crash history, and the roadway geometry applicable to such  school
    18  speed  zone.  A  photo  speed  violation  monitoring system shall not be
    19  installed or operated on a controlled-access highway exit ramp or within
    20  three hundred feet along a highway that continues  from  the  end  of  a
    21  controlled-access highway exit ramp.
    22    §  2.  Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
    23  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    24  to read as follows:
    25    2. No photo speed violation monitoring  system  shall  be  used  in  a
    26  school speed zone unless (i) on the day it is to be used it has success-
    27  fully  passed a self-test of its functions; and (ii) it has undergone an
    28  annual calibration check performed pursuant to paragraph  four  of  this
    29  subdivision.  The  city  [may]  shall install signs giving notice that a
    30  photo speed violation monitoring system is  in  use  to  be  mounted  on
    31  advance warning signs notifying motor vehicle operators of such upcoming
    32  school  speed  zone  and/or  on  speed  limit signs applicable within or
    33  approaching such school speed zone, provided that such speed limit signs
    34  shall be no more than three hundred feet from such school speed zone, in
    35  conformance with standards established in the MUTCD.
    36    § 3. Paragraph 4 of subdivision (c) 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    4. "school speed zone" shall mean a radial distance not to exceed [one
    40  thousand  three  hundred  twenty feet on a highway passing] two thousand
    41  six hundred forty feet from a school building, entrance, or exit  [of  a
    42  school abutting on the highway].
    43    §  4. The opening paragraph of section 12 of chapter 43 of the laws of
    44  2014, amending the vehicle and traffic law, the public officers law  and
    45  the  general  municipal law relating to photo speed violation monitoring
    46  systems in school speed zones in the city of New  York,  is  amended  to
    47  read as follows:
    48    This  act  shall  take effect on the thirtieth day after it shall have
    49  become a law [and]; provided that sections one through ten of  this  act
    50  shall  expire  4 years after such effective date when upon such date the
    51  provisions of this act shall be deemed repealed;  and  provided  further
    52  that  any  rules  necessary  for  the  implementation of this act on its
    53  effective date shall be promulgated on or before  such  effective  date,
    54  provided that:
    55    § 5. The opening paragraph of section 15 of chapter 189 of the laws of
    56  2013,  amending  the vehicle and traffic law and the public officers law
        A. 7798                             3
     1  relating to establishing in a city with  a  population  of  one  million
     2  people  or  more  a  demonstration  program implementing speed violation
     3  monitoring systems in school zones by means of photo devices, is amended
     4  to read as follows:
     5    This  act  shall  take effect on the thirtieth day after it shall have
     6  become a law and shall expire [5 years after such  effective  date  when
     7  upon  such date the provisions of this act shall] and be deemed repealed
     8  July 1, 2022; and provided further that  any  rules  necessary  for  the
     9  implementation of this act on its effective date shall be promulgated on
    10  or before such effective date, provided that:
    11    §  6. This act shall take effect immediately; provided that the amend-
    12  ments to section 1180-b of the vehicle and traffic law made by  sections
    13  one,  two  and  three  of  this  act shall not affect the repeal of such
    14  section and shall be deemed repealed therewith.