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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7798--B
                               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 -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted 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, in relation to the  effective-
          ness  thereof;  and  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
          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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11514-11-7
        A. 7798--B                          2
     1  in paragraphs one and two of subdivision (c) of section  eleven  hundred
     2  eighty  of this article or (ii) when other speed limits are in effect as
     3  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
     4  eighty  of  this  article during the following times: (A) on school days
     5  during school hours and one hour before and one hour  after  the  school
     6  day,  and (B) a period during student activities at the school and up to
     7  thirty minutes immediately before and up to thirty  minutes  immediately
     8  after  such student activities. Such demonstration program shall empower
     9  the city of New York to install photo speed violation monitoring systems
    10  within no more than [one hundred forty] two hundred ninety school  speed
    11  zones within [the] such city at any one time and to operate such systems
    12  within  such  zones  (iii)  when  a  school  speed limit is in effect as
    13  provided in paragraphs one and two of subdivision (c) of section  eleven
    14  hundred  eighty  of  this article or (iv) when other speed limits are in
    15  effect as provided in subdivision (b), (d), (f) or (g) of section eleven
    16  hundred eighty of this article during the following times: (A) on school
    17  days during school hours and one hour before  and  one  hour  after  the
    18  school day, and (B) a period during student activities at the school and
    19  up  to  thirty minutes immediately before and up to thirty minutes imme-
    20  diately after such student activities.  In selecting a school speed zone
    21  in which to install and  operate  a  photo  speed  violation  monitoring
    22  system,  the city of New York shall consider criteria including, but not
    23  limited to, the speed data, crash  history,  and  the  roadway  geometry
    24  applicable  to  such  school  speed zone. Such city shall prioritize the
    25  placement of photo speed violation monitoring systems  in  school  speed
    26  zones based upon speed data or the crash history of a school speed zone.
    27  A  photo  speed  violation  monitoring  system shall not be installed or
    28  operated on a  controlled-access  highway  exit  ramp  or  within  three
    29  hundred  feet  along  a  highway  that continues from the end of a cont-
    30  rolled-access highway exit ramp.
    31    § 2. Paragraph 2 of subdivision (a) of section 1180-b of  the  vehicle
    32  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    33  to read as follows:
    34    2.  No  photo  speed  violation  monitoring  system shall be used in a
    35  school speed zone unless (i) on the day it is to be used it has success-
    36  fully passed a self-test of its functions; and (ii) it has undergone  an
    37  annual  calibration  check  performed pursuant to paragraph four of this
    38  subdivision. [The city may install signs  giving  notice  that  a  photo
    39  speed  violation  monitoring  system  is in use to be mounted on advance
    40  warning signs notifying motor vehicle operators of such upcoming  school
    41  speed  zone  and/or  on  speed limit signs applicable within such school
    42  speed zone, in conformance with standards established in the MUTCD.] The
    43  city shall install "photo enforced" signs giving  notice  that  a  photo
    44  speed  violation  monitoring  system  is in use to be mounted on advance
    45  warning signs notifying motor vehicle operators of such upcoming  school
    46  speed  zone and/or on speed limit signs applicable within or approaching
    47  such school speed zone, provided that such speed limit signs shall be no
    48  more than three  hundred  feet  from  such  speed  violation  monitoring
    49  system, in conformance with standards established in the MUTCD. The city
    50  shall  also install additional speed camera advance warning signs marked
    51  "speed camera ahead" within  or  approaching  such  school  speed  zone,
    52  provided  that  such  "speed  camera  ahead" signs shall be no more than
    53  three hundred feet from such photo speed violation monitoring system.
    54    § 3. Paragraph 4 of subdivision (c) of section 1180-b of  the  vehicle
    55  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    56  to read as follows:
        A. 7798--B                          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] expands a demonstration program  pursuant  to
     8  subdivision  one  of  this section it shall conduct a study and submit a
     9  report on the results of the expanded use of photo devices to the gover-
    10  nor, the temporary president of the senate and the speaker of the assem-
    11  bly within four years of the effective date of the chapter of  the  laws
    12  of  two  thousand  seventeen which amended this subdivision. Such report
    13  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--B                          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  this  act shall be deemed repealed; and provided further
    16  that any rules necessary for the  implementation  of  this  act  on  its
    17  effective  date  shall  be promulgated on or before such effective date,
    18  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
    22  people or more a  demonstration  program  implementing  speed  violation
    23  monitoring systems in school zones by means of photo devices, is amended
    24  to 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  when
    27  upon  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.  The  additional  150  photo  speed violation monitoring systems
    32  authorized to be installed by the city of New York  by  paragraph  1  of
    33  subdivision  (a)  of  section  1180-b of the vehicle and traffic law, as
    34  amended by section one of this act, shall be installed over the  3  year
    35  period following the effective date of this act as follows:
    36    (a) no more than 50 school speed zones during the first such year;
    37    (b)  no  more  than 50 additional school speed zones during the second
    38  such year; and
    39    (c) no more than 50 additional school speed  zones  during  the  third
    40  such year.
    41    §  8. This act shall take effect immediately; provided that the amend-
    42  ments to section 1180-b of the vehicle and traffic law made by  sections
    43  one, two, three and four of this act shall not affect the repeal of such
    44  section  and  shall  be  deemed repealed therewith; and provided further
    45  that the amendments to paragraph 2 of subdivision (a) of section  1180-b
    46  of  the  vehicle  and  traffic law made by section two of this act shall
    47  take effect on the ninetieth day after this act shall have become a law.