Bill Text: NY S00590 | 2017-2018 | General Assembly | Amended
Bill Title: Makes the photo speed violation monitoring systems program for school speed zones in the city of New York permanent; reduces the limitations on the number of schools at which such 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; removes the jurisdiction of the New York city parking violations bureau over school zone speed violations.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2018-04-20 - COMMITTEE DISCHARGED AND COMMITTED TO CITIES [S00590 Detail]
Download: New_York-2017-S00590-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 590--A 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. PERALTA, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- 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 establishing 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 demonstration 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 monitoring systems in school speed zones in the city of New York, in relation to the effectiveness thereof; and to repeal subdivi- sion (j) of section 1180-b of the vehicle and traffic law relating to adjudications by the New York city parking violations bureau 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 mone- 6 tary liability on the owner of a vehicle for failure of an operator 7 thereof to comply with posted maximum speed limits in a school speed 8 zone within the city (i) when a school speed limit is in effect as 9 provided in paragraphs one and two of subdivision (c) of section eleven 10 hundred eighty of this article or (ii) when other speed limits are in 11 effect as provided in subdivision (b), (d), (f) or (g) of section eleven EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00134-03-7S. 590--A 2 1 hundred eighty of this article [during the following times: (A) on2school days during school hours and one hour before and one hour after3the school day, and (B) a period during student activities at the school4and up to thirty minutes immediately before and up to thirty minutes5immediately after such student activities]. Such [demonstration] program 6 shall empower the city to install photo speed violation monitoring 7 systems within [no more than one hundred forty] all school speed zones 8 within the city [at any one time] and to operate such systems within 9 such zones (iii) when a school speed limit is in effect as provided in 10 paragraphs one and two of subdivision (c) of section eleven hundred 11 eighty of this article or (iv) when other speed limits are in effect as 12 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 13 eighty of this article [during the following times: (A) on school days14during school hours and one hour before and one hour after the school15day, and (B) a period during student activities at the school and up to16thirty minutes immediately before and up to thirty minutes immediately17after such student activities]. In selecting a school speed zone in 18 which to install and operate a photo speed violation monitoring system, 19 the city shall consider criteria including, but not limited to the speed 20 data, crash history, and the roadway geometry applicable to such school 21 speed zone. A photo speed violation monitoring system shall not be 22 installed on a controlled-access highway exit ramp or within three 23 hundred feet along a highway that continues from the end of a cont- 24 rolled-access highway exit ramp. 25 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle 26 and traffic law, as added by chapter 189 of the laws of 2013, is amended 27 to read as follows: 28 2. No photo speed violation monitoring system shall be used in a 29 school speed zone unless (i) on the day it is to be used it has success- 30 fully passed a self-test of its functions; and (ii) it has undergone an 31 annual calibration check performed pursuant to paragraph four of this 32 subdivision. The city [may] shall install signs giving notice that a 33 photo speed violation monitoring system is in use to be mounted on 34 advance warning signs notifying motor vehicle operators of such upcoming 35 school speed zone and/or on speed limit signs applicable within or 36 approaching such school speed zone, provided that such speed limit signs 37 shall be no more than three hundred feet from such school speed zone, in 38 conformance with standards established in the MUTCD. 39 § 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle 40 and traffic law, as added by chapter 189 of the laws of 2013, is amended 41 to read as follows: 42 4. "school speed zone" shall mean a radial distance not to exceed one 43 thousand three hundred twenty feet [on a highway passing] from a school 44 building, entrance or exit [of a school abutting on the highway]. 45 § 4. Subdivision (j) of section 1180-b of the vehicle and traffic law 46 is REPEALED, and subdivisions (k), (l), (m), (n) and (o) are relettered 47 subdivisions (j), (k), (l), (m) and (n). 48 § 5. Paragraphs 2 and 3 of subdivision (j) of section 1180-b of the 49 vehicle and traffic law, as added by chapter 189 of the laws of 2013 and 50 such subdivision as relettered by section four of this act, are amended 51 to read as follows: 52 2. Failure to comply with subparagraph (ii) of paragraph [(a)] one of 53 this subdivision shall render the owner liable for the penalty 54 prescribed in this section. 55 3. Where the lessor complies with the provisions of paragraph [(a)] 56 one of this subdivision, the lessee of such vehicle on the date of suchS. 590--A 3 1 violation shall be deemed to be the owner of such vehicle for purposes 2 of this section, shall be subject to liability for such violation pursu- 3 ant to this section and shall be sent a notice of liability pursuant to 4 subdivision [nine] (g) of this section. 5 § 6. The opening paragraph of section 12 of chapter 43 of the laws of 6 2014, amending the vehicle and traffic law, the public officers law and 7 the general municipal law relating to photo speed violation monitoring 8 systems in school speed zones in the city of New York, is amended to 9 read as follows: 10 This act shall take effect on the thirtieth day after it shall have 11 become a law [and]; provided that sections one through ten of this act 12 shall expire 4 years after such effective date when upon such date the 13 provisions of this act shall be deemed repealed; and provided further 14 that any rules necessary for the implementation of this act on its 15 effective date shall be promulgated on or before such effective date, 16 provided that: 17 § 7. Subparagraph (i) of paragraph 5 of subdivision (a) of section 18 1180-b of the vehicle and traffic law, as added by chapter 189 of the 19 laws of 2013, is amended to read as follows: 20 (i) Such [demonstration] program shall utilize necessary technologies 21 to ensure, to the extent practicable, that photographs, microphoto- 22 graphs, videotape or other recorded images produced by such photo speed 23 violation monitoring systems shall not include images that identify the 24 driver, the passengers, or the contents of the vehicle. Provided, 25 however, that no notice of liability issued pursuant to this section 26 shall be dismissed solely because such a photograph, microphotograph, 27 videotape or other recorded image allows for the identification of the 28 driver, the passengers, or the contents of vehicles where the city shows 29 that it made reasonable efforts to comply with the provisions of this 30 paragraph in such case. 31 § 8. Subdivision (b) of section 1180-b of the vehicle and traffic law, 32 as added by chapter 189 of the laws of 2013, is amended to read as 33 follows: 34 (b) If the city of New York establishes a [demonstration] program 35 pursuant to subdivision (a) of this section, the owner of a vehicle 36 shall be liable for a penalty imposed pursuant to this section if such 37 vehicle was used or operated with the permission of the owner, express 38 or implied, within a school speed zone in violation of subdivision (c) 39 of this section or during the times authorized pursuant to subdivision 40 (a) of this section in violation of subdivision (b), (d), (f) or (g) of 41 section eleven hundred eighty of this article, such vehicle was travel- 42 ing at a speed of more than ten miles per hour above the posted speed 43 limit in effect within such school speed zone, and such violation is 44 evidenced by information obtained from a photo speed violation monitor- 45 ing system; provided however that no owner of a vehicle shall be liable 46 for a penalty imposed pursuant to this section where the operator of 47 such vehicle has been convicted of the underlying violation of subdivi- 48 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 49 article. 50 § 9. Subdivision (f) of section 1180-b of the vehicle and traffic law, 51 as added by chapter 189 of the laws of 2013, is amended to read as 52 follows: 53 (f) An imposition of liability under the [demonstration] program 54 established pursuant to this section shall not be deemed a conviction as 55 an operator and shall not be made part of the operating record of theS. 590--A 4 1 person upon whom such liability is imposed nor shall it be used for 2 insurance purposes in the provision of motor vehicle insurance coverage. 3 § 10. The opening paragraph of subdivision (n) of section 1180-b of 4 the vehicle and traffic law, as added by chapter 189 of the laws of 2013 5 and such subdivision as relettered by section four of this act, is 6 amended to read as follows: 7 If the city adopts a [demonstration] program pursuant to subdivision 8 [one of] (a) of this section it shall conduct a study and submit a 9 report on the results of the use of photo devices to the governor, the 10 temporary president of the senate and the speaker of the assembly. Such 11 report shall include: 12 § 11. The opening paragraph of section 15 of chapter 189 of the laws 13 of 2013, amending the vehicle and traffic law and the public officers 14 law relating to establishing in a city with a population of one million 15 people or more a demonstration program implementing speed violation 16 monitoring systems in school zones by means of photo devices, is amended 17 to read as follows: 18 This act shall take effect on the thirtieth day after it shall have 19 become a law [and shall expire 5 years after such effective date when20upon such date the provisions of this act shall be deemed repealed;21and]; provided [further] that any rules necessary for the implementation 22 of this act on its effective date shall be promulgated on or before such 23 effective date, provided, further, that: 24 § 12. This act shall take effect immediately.
