Bill Text: NY S00077 | 2021-2022 | General Assembly | Introduced

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Bill Title: Enacts the "FURIOUS Act" authorizing the city of New York to operate photo speed violation monitoring systems at any time in a school speed zone which the city of New York has identified as an area of special concern for illegal street racing.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S00077 Detail]

Download: New_York-2021-S00077-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           77

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sens. HOYLMAN, JACKSON, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation

        AN ACT to amend the vehicle and traffic law, in relation to enacting the
          "FURIOUS Act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as  the  "Fighting
     2  Underground Racing In Our Streets Act" or "The FURIOUS Act."
     3    §  2.  Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
     4  and traffic law, as amended by chapter  30  of  the  laws  of  2019,  is
     5  amended and a new paragraph 1-a is added to read as follows:
     6    1. Notwithstanding any other provision of law, the city of New York is
     7  hereby authorized to establish a demonstration program imposing monetary
     8  liability  on  the owner of a vehicle for failure of an operator thereof
     9  to comply with posted maximum speed limits in a school speed zone within
    10  such city (i) when a school speed limit is  in  effect  as  provided  in
    11  paragraphs  one  and  two  of  subdivision (c) of section eleven hundred
    12  eighty of this article or (ii) when other speed limits are in effect  as
    13  provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
    14  eighty of this article weekdays between the hours of  six  o'clock  A.M.
    15  and ten o'clock P.M., except as otherwise provided in paragraph one-a of
    16  this  subdivision.  Such demonstration program shall empower the city of
    17  New York to install photo speed violation monitoring systems  within  no
    18  more than seven hundred fifty school speed zones within such city at any
    19  one  time  and  to  operate  such systems within such zones (iii) when a
    20  school speed limit is in effect as provided in paragraphs one and two of
    21  subdivision (c) of section eleven hundred eighty of this article or (iv)
    22  when other speed limits are in effect as provided  in  subdivision  (b),
    23  (d),  (f)  or (g) of section eleven hundred eighty of this article week-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02342-01-1
        S. 77                               2

     1  days between the hours of six o'clock A.M. and ten o'clock P.M.,  except
     2  as otherwise provided in paragraph one-a of this subdivision. In select-
     3  ing  a  school  speed zone in which to install and operate a photo speed
     4  violation  monitoring system, the city of New York shall consider crite-
     5  ria including, but not limited to, the speed data,  crash  history,  and
     6  the  roadway  geometry  applicable  to such school speed zone. Such city
     7  shall prioritize the  placement  of  photo  speed  violation  monitoring
     8  systems in school speed zones based upon speed data or the crash history
     9  of  a school speed zone. A photo speed violation monitoring system shall
    10  not be installed or operated on a controlled-access highway exit ramp or
    11  within three hundred feet along a highway that continues from the end of
    12  a controlled-access highway exit ramp.
    13    1-a. Notwithstanding any other provision of law, the city of New  York
    14  is hereby authorized to operate photo speed violation monitoring systems
    15  at  any time in a school speed zone which the city of New York has iden-
    16  tified as an area of special concern for  illegal  street  racing  based
    17  upon  reports of the occurrence of speed contests and races, pursuant to
    18  section eleven hundred eighty-two of this article,  within  such  school
    19  speed  zone. The city of New York may only operate such systems pursuant
    20  to this paragraph upon a resolution in favor adopted by  a  majority  of
    21  the members of the community board that represents the district in which
    22  such school speed zone is located, after such community board conducts a
    23  public hearing.
    24    §  3. Subdivision 1 of section 1182 of the vehicle and traffic law, as
    25  amended by section 9 of part C of chapter 62 of the  laws  of  2003,  is
    26  amended to read as follows:
    27    1.  Except  as provided in section eleven hundred eighty-two-a of this
    28  article or  section  sixteen  hundred  thirty,  sixteen  hundred  forty,
    29  sixteen  hundred  forty-two or sixteen hundred sixty of this chapter, no
    30  races, exhibitions or contests of speed shall  be  held  and  no  person
    31  shall  engage  in  or  aid  or  abet in any motor vehicle or other speed
    32  contest or exhibition of speed on a highway.  For the purposes  of  this
    33  section,  a  person  shall  be deemed to have held a race, exhibition or
    34  contest of speed if such person, while operating a vehicle  at  a  speed
    35  that  exceeds  a posted maximum speed limit, (a) engages in conduct with
    36  another person involving a challenge coupled with a  response  in  speed
    37  and  relative  position indicating acceptance of such challenge, regard-
    38  less of whether such person  or  persons  intended  to  engage  in  such
    39  conduct  before  initiating or accepting such challenge or pre-planned a
    40  course or distance over which to engage in such conduct;  or  (b)  races
    41  against  a  clock  or other timing device. Such event, if held, shall be
    42  fully and efficiently patrolled for the entire distance over which  such
    43  race,  exhibition  or contest for speed is to be held. Participants in a
    44  race, exhibition or contest of speed are exempted from  compliance  with
    45  any  traffic  laws  otherwise  applicable  thereto,  but  shall exercise
    46  reasonable care. A violation of any of the provisions  of  this  section
    47  shall  constitute a misdemeanor and be punishable by imprisonment of not
    48  more than thirty days or a fine of not less than three  hundred  dollars
    49  nor  more  than  five hundred twenty-five dollars, or both such fine and
    50  imprisonment.
    51    § 4. This act shall take effect on the thirtieth day  after  it  shall
    52  have become a law, provided, however, that the amendments to paragraph 1
    53  of subdivision (a) of section 1180-b of the vehicle and traffic law made
    54  by  section  two of this act shall not affect the repeal of such section
    55  and shall be deemed repealed therewith.