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

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

---

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--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 15, 2017
                                       ___________
        Introduced  by M. of A. GLICK, SEPULVEDA, HARRIS, VANEL, ORTIZ, DenDEKK-
          ER, CYMBROWITZ, QUART, BARRON, WILLIAMS, HEVESI, SIMON, THIELE, ROSEN-
          THAL, COOK, GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE,  DE LA ROSA,
          DINOWITZ,  DICKENS,  SEAWRIGHT -- Multi-Sponsored by -- M. of A. 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
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11514-09-7
        A. 7798--A                          2
     1  eighty of this article during the following times: (A)  on  school  days
     2  during  school  hours  and one hour before and one hour after the school
     3  day, and (B) a period during student activities at the school and up  to
     4  thirty  minutes  immediately before and up to thirty minutes immediately
     5  after such student activities. Such demonstration program shall  empower
     6  the city of New York to install photo speed violation monitoring systems
     7  within  no more than [one hundred forty] two hundred ninety school speed
     8  zones within [the] such city at any one time and to operate such systems
     9  within such zones (iii) when a  school  speed  limit  is  in  effect  as
    10  provided  in paragraphs one and two of subdivision (c) of section eleven
    11  hundred eighty of this article or (iv) when other speed  limits  are  in
    12  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    13  hundred eighty of this article during the following times: (A) on school
    14  days  during  school  hours  and  one hour before and one hour after the
    15  school day, and (B) a period during student activities at the school and
    16  up to thirty minutes immediately before and up to thirty  minutes  imme-
    17  diately after such student activities.  In selecting a school speed zone
    18  in  which  to  install  and  operate  a photo speed violation monitoring
    19  system, the city of New York shall consider criteria including, but  not
    20  limited  to,  the  speed  data,  crash history, and the roadway geometry
    21  applicable to such school speed zone. Such  city  shall  prioritize  the
    22  placement  of  photo  speed violation monitoring systems in school speed
    23  zones based upon speed data or the crash history of a school speed zone.
    24  A photo speed violation monitoring system  shall  not  be  installed  or
    25  operated  on  a  controlled-access  highway  exit  ramp  or within three
    26  hundred feet along a highway that continues from  the  end  of  a  cont-
    27  rolled-access highway exit ramp.
    28    §  2.  Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
    29  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    30  to read as follows:
    31    2. No photo speed violation monitoring  system  shall  be  used  in  a
    32  school speed zone unless (i) on the day it is to be used it has success-
    33  fully  passed a self-test of its functions; and (ii) it has undergone an
    34  annual calibration check performed pursuant to paragraph  four  of  this
    35  subdivision.  [The  city  may  install  signs giving notice that a photo
    36  speed violation monitoring system is in use to  be  mounted  on  advance
    37  warning  signs notifying motor vehicle operators of such upcoming school
    38  speed zone and/or on speed limit signs  applicable  within  such  school
    39  speed zone, in conformance with standards established in the MUTCD.] The
    40  city  shall  install  "photo  enforced" signs giving notice that a photo
    41  speed violation monitoring system is in use to  be  mounted  on  advance
    42  warning  signs notifying motor vehicle operators of such upcoming school
    43  speed zone and/or on speed limit signs applicable within or  approaching
    44  such school speed zone, provided that such speed limit signs shall be no
    45  more  than  three  hundred  feet  from  such  speed violation monitoring
    46  system, in conformance with standards established in the MUTCD. The city
    47  shall also install additional speed camera advance warning signs  marked
    48  "speed  camera  ahead"  within  or  approaching  such school speed zone,
    49  provided that such "speed camera ahead" signs  shall  be  no  more  than
    50  three hundred feet from such photo speed violation monitoring system.
    51    §  3.  Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
    52  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    53  to read as follows:
    54    4. "school speed zone" shall mean a radial distance not to exceed  one
    55  thousand  three hundred twenty feet [on a highway passing] from a school
    56  building, entrance, or exit [of a school abutting on the highway].
        A. 7798--A                          3
     1    § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
     2  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
     3  follows:
     4    (n)  If  the city [adopts] expands a demonstration program pursuant to
     5  subdivision one of this section it shall conduct a study  and  submit  a
     6  report on the results of the expanded use of photo devices to the gover-
     7  nor, the temporary president of the senate and the speaker of the assem-
     8  bly  within  four years of the effective date of the chapter of the laws
     9  of two thousand seventeen which amended this  subdivision.  Such  report
    10  shall include:
    11    1. the locations where and dates when photo speed violation monitoring
    12  systems were used;
    13    2.  the  aggregate  number,  type and severity of crashes, fatalities,
    14  injuries and property damage reported  within  all  school  speed  zones
    15  within  the  city,  to  the  extent the information is maintained by the
    16  department of motor vehicles of this state;
    17    3. the aggregate number, type and  severity  of  crashes,  fatalities,
    18  injuries  and  property  damage reported within school speed zones where
    19  photo speed violation monitoring systems were used, to  the  extent  the
    20  information  is  maintained  by the department of motor vehicles of this
    21  state;
    22    4. the number of violations recorded within  all  school  speed  zones
    23  within the city, in the aggregate on a daily, weekly and monthly basis;
    24    5.  the  number  of  violations recorded within each school speed zone
    25  where a photo speed violation monitoring system is used, in  the  aggre-
    26  gate on a daily, weekly and monthly basis;
    27    6.  the  number  of  violations recorded within all school speed zones
    28  within the city that were:
    29    (i) more than ten but not more than twenty miles  per  hour  over  the
    30  posted speed limit;
    31    (ii) more than twenty but not more than thirty miles per hour over the
    32  posted speed limit;
    33    (iii) more than thirty but not more than forty miles per hour over the
    34  posted speed limit; and
    35    (iv) more than forty miles per hour over the posted speed limit;
    36    7.  the  number  of  violations recorded within each school speed zone
    37  where a photo speed violation monitoring system is used that were:
    38    (i) more than ten but not more than twenty miles  per  hour  over  the
    39  posted speed limit;
    40    (ii) more than twenty but not more than thirty miles per hour over the
    41  posted speed limit;
    42    (iii) more than thirty but not more than forty miles per hour over the
    43  posted speed limit; and
    44    (iv) more than forty miles per hour over the posted speed limit;
    45    8.  the  total  number  of  notices of liability issued for violations
    46  recorded by such systems;
    47    9. the number of fines and total amount of fines paid after the  first
    48  notice of liability issued for violations recorded by such systems;
    49    10. the number of violations adjudicated and the results of such adju-
    50  dications  including  breakdowns  of  dispositions  made  for violations
    51  recorded by such systems;
    52    11. the total amount of revenue realized by  the  city  in  connection
    53  with the program;
    54    12.  the expenses incurred by the city in connection with the program;
    55  [and]
    56    13. the quality of the adjudication process and its results; and
        A. 7798--A                          4
     1    14. the effectiveness and adequacy of the hours of operation for  such
     2  program to determine the impact on speeding violations and prevention of
     3  crashes.
     4    §  5. The opening paragraph of section 12 of chapter 43 of the laws of
     5  2014, amending the vehicle and traffic law, the public officers law  and
     6  the  general  municipal law relating to photo speed violation monitoring
     7  systems in school speed zones in the city of New  York,  is  amended  to
     8  read as follows:
     9    This  act  shall  take effect on the thirtieth day after it shall have
    10  become a law [and]; provided that sections one through ten of  this  act
    11  shall  expire [4 years after such effective date when upon such date the
    12  provisions of this act shall] and be deemed repealed July 1,  2022;  and
    13  provided further that any rules necessary for the implementation of this
    14  act  on its effective date shall be promulgated on or before such effec-
    15  tive date, provided that:
    16    § 6. The opening paragraph of section 15 of chapter 189 of the laws of
    17  2013, amending the vehicle and traffic law and the public  officers  law
    18  relating  to  establishing  in  a  city with a population of one million
    19  people or more a  demonstration  program  implementing  speed  violation
    20  monitoring systems in school zones by means of photo devices, is amended
    21  to read as follows:
    22    This  act  shall  take effect on the thirtieth day after it shall have
    23  become a law and shall expire [5 years after such  effective  date  when
    24  upon  such date the provisions of this act shall] and be deemed repealed
    25  July 1, 2022; and provided further that  any  rules  necessary  for  the
    26  implementation of this act on its effective date shall be promulgated on
    27  or before such effective date, provided that:
    28    §  7.  The  additional  150  photo  speed violation monitoring systems
    29  authorized to be installed by the city of New York  by  paragraph  1  of
    30  subdivision  (a)  of  section  1180-b of the vehicle and traffic law, as
    31  amended by section one of this act, shall be installed over the  3  year
    32  period following the effective date of this act as follows:
    33    (a) no more than 50 school speed zones during the first such year;
    34    (b)  no  more  than 50 additional school speed zones during the second
    35  such year; and
    36    (c) no more than 50 additional school speed  zones  during  the  third
    37  such year.
    38    §  8. This act shall take effect immediately; provided that the amend-
    39  ments to section 1180-b of the vehicle and traffic law made by  sections
    40  one, two, three and four of this act shall not affect the repeal of such
    41  section  and  shall  be  deemed repealed therewith; and provided further
    42  that the amendments to paragraph 2 of subdivision (a) of section  1180-b
    43  of  the  vehicle  and  traffic law made by section two of this act shall
    44  take effect on the ninetieth day after this act shall have become a law.