Bill Text: NY S00358 | 2017-2018 | General Assembly | Introduced

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Bill Title: Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York; eliminates the expiration and repeal of provisions of law authorizing the use of photo speed violation monitoring systems in school zones in such city.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-28 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00358 Detail]

Download: New_York-2017-S00358-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           358
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  eliminating
          the time of day restrictions on the use of photo speed violation moni-
          toring  systems  in school zones in the city of New York; 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 eliminating the expiration and repeal of
          the provisions 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 city (i) when a school speed limit is in effect as provided in para-
     9  graphs  one  and two of subdivision (c) of section eleven hundred eighty
    10  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]. Such demonstration program shall empower
    17  the city to install photo speed violation monitoring systems  within  no
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00140-01-7
        S. 358                              2
     1  more  than  one  hundred forty school speed zones within the city at any
     2  one time and to operate such systems within  such  zones  (iii)  when  a
     3  school speed limit is in effect as provided in paragraphs one and two of
     4  subdivision (c) of section eleven hundred eighty of this article or (iv)
     5  when  other  speed  limits are in effect as provided in subdivision (b),
     6  (d), (f) or (g) of section eleven hundred eighty of this article [during
     7  the following times: (A) on school days during school hours and one hour
     8  before and one hour after the  school  day,  and  (B)  a  period  during
     9  student  activities  at  the school and up to thirty minutes immediately
    10  before and up to thirty minutes immediately after  such  student  activ-
    11  ities]. In selecting a school speed zone in which to install and operate
    12  a  photo  speed  violation  monitoring  system,  the city shall consider
    13  criteria including, but not limited to the speed  data,  crash  history,
    14  and the roadway geometry applicable to such school speed zone.
    15    §  2.  Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
    16  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    17  to read as follows:
    18    1. Notwithstanding any other provision of law, the city of New York is
    19  hereby authorized to establish a demonstration program imposing monetary
    20  liability on the owner of a vehicle for failure of an  operator  thereof
    21  to comply with posted maximum speed limits in a school speed zone within
    22  the city (i) when a school speed limit is in effect as provided in para-
    23  graphs  one  and two of subdivision (c) of section eleven hundred eighty
    24  of this article or (ii)  when  other  speed  limits  are  in  effect  as
    25  provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
    26  eighty of this article [during the following times: (A) on  school  days
    27  during  school  hours  and one hour before and one hour after the school
    28  day, and (B) a period during student activities at the school and up  to
    29  thirty  minutes  immediately before and up to thirty minutes immediately
    30  after such student activities]. Such demonstration program shall empower
    31  the city to install photo speed violation monitoring systems  within  no
    32  more  than twenty school speed zones within the city at any one time and
    33  to operate such systems within such zones  (iii)  when  a  school  speed
    34  limit  is in effect as provided in paragraphs one and two of subdivision
    35  (c) of section eleven hundred eighty of this article or (iv) when  other
    36  speed  limits  are in effect as provided in subdivision (b), (d), (f) or
    37  (g) of section eleven hundred eighty of this article [during the follow-
    38  ing times: (A) on school days during school hours and  one  hour  before
    39  and  one  hour  after  the  school  day, and (B) a period during student
    40  activities at the school and up to thirty minutes immediately before and
    41  up to thirty minutes immediately  after  such  student  activities].  In
    42  selecting  a  school  speed zone in which to install and operate a photo
    43  speed violation monitoring system,  the  city  shall  consider  criteria
    44  including,  but  not  limited  to the speed data, crash history, and the
    45  roadway geometry applicable to such school speed zone.
    46    § 3. Subdivision (b) of section 1180-b of the vehicle and traffic law,
    47  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
    48  follows:
    49    (b) If the city of New York establishes a demonstration program pursu-
    50  ant  to subdivision (a) of this section, the owner of a vehicle shall be
    51  liable for a penalty imposed pursuant to this section  if  such  vehicle
    52  was  used  or  operated  with  the  permission  of the owner, express or
    53  implied, within a school speed zone in violation of subdivision (c)  [or
    54  during the times authorized pursuant to subdivision (a)] of this section
    55  in  violation  of  subdivision  (b),  (d),  (f) or (g) of section eleven
    56  hundred eighty of this article, such vehicle was traveling at a speed of
        S. 358                              3
     1  more than ten miles per hour above the  posted  speed  limit  in  effect
     2  within such school speed zone, and such violation is evidenced by infor-
     3  mation obtained from a photo speed violation monitoring system; provided
     4  however that no owner of a vehicle shall be liable for a penalty imposed
     5  pursuant  to  this  section  where the operator of such vehicle has been
     6  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
     7  or (g) of section eleven hundred eighty of this article.
     8    §  4.   The opening paragraph of section 15 of chapter 189 of the laws
     9  of 2013 amending the vehicle and traffic law and the public officers law
    10  relating to establishing in a city with a population of one  million  or
    11  more  a  demonstration  program  implementing speed violation monitoring
    12  systems in school speed zones by means of photo devices  is  amended  to
    13  read as follows:
    14    §  15.  This act shall take effect on the thirtieth day after it shall
    15  have become a law [and shall expire 5 years after  such  effective  date
    16  when  upon  such  date  the  provisions  of  this  act  shall  be deemed
    17  repealed]; [and] provided [further] that any  rules  necessary  for  the
    18  implementation of this act on its effective date shall be promulgated on
    19  or before such effective date, provided further that:
    20    § 5.  This act shall take effect immediately, except that sections one
    21  and  three  of  this act shall take effect on the thirtieth day after it
    22  shall have become a law; provided that the amendments to paragraph 1  of
    23  subdivision  (a)  of section 1180-b of the vehicle and traffic law, made
    24  by section one of this act, shall not affect the expiration  and  rever-
    25  sion  of such paragraph pursuant to section 12 of chapter 43 of the laws
    26  of 2014, as amended, when upon such date section two of this  act  shall
    27  take effect.