Bill Text: NY S00358 | 2017-2018 | General Assembly | Introduced
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
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 days13during school hours and one hour before and one hour after the school14day, and (B) a period during student activities at the school and up to15thirty minutes immediately before and up to thirty minutes immediately16after 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. LBD00140-01-7S. 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 [during7the following times: (A) on school days during school hours and one hour8before and one hour after the school day, and (B) a period during9student activities at the school and up to thirty minutes immediately10before and up to thirty minutes immediately after such student activ-11ities]. 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 days27during school hours and one hour before and one hour after the school28day, and (B) a period during student activities at the school and up to29thirty minutes immediately before and up to thirty minutes immediately30after 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-38ing times: (A) on school days during school hours and one hour before39and one hour after the school day, and (B) a period during student40activities at the school and up to thirty minutes immediately before and41up 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) [or54during 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 ofS. 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 date16when upon such date the provisions of this act shall be deemed17repealed]; [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.