Bill Text: NY S01651 | 2023-2024 | General Assembly | Introduced

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Bill Title: Reduces the speed for owner liability for failure of operator to comply with certain posted maximum speed limits to more than seven miles per hour over such posted maximum speed limits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S01651 Detail]

Download: New_York-2023-S01651-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1651

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- 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 reducing the
          speed for owner liability for  failure  of  operator  to  comply  with
          certain posted maximum speed limits

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

     1    Section 1. Subdivision (b) of section 1180-b of the vehicle and  traf-
     2  fic law, as added by chapter 189 of the laws of 2013, is amended to read
     3  as follows:
     4    (b) If the city of New York establishes a demonstration program pursu-
     5  ant  to subdivision (a) of this section, the owner of a vehicle shall be
     6  liable for a penalty imposed pursuant to this section  if  such  vehicle
     7  was  used  or  operated  with  the  permission  of the owner, express or
     8  implied, within a school speed zone in violation of subdivision  (c)  or
     9  during  the times authorized pursuant to subdivision (a) of this section
    10  in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven
    11  hundred eighty of this article, such vehicle was traveling at a speed of
    12  more  than  [ten]  seven  miles per hour above the posted speed limit in
    13  effect within such school speed zone, and such violation is evidenced by
    14  information obtained from a photo  speed  violation  monitoring  system;
    15  provided however that no owner of a vehicle shall be liable for a penal-
    16  ty  imposed  pursuant to this section where the operator of such vehicle
    17  has been convicted of the underlying violation of subdivision (b),  (c),
    18  (d), (f) or (g) of section eleven hundred eighty of this article.
    19    §  2.  Paragraphs  6 and 7 of subdivision (n) of section 1180-b of the
    20  vehicle and traffic law, as amended by chapter 30 of the laws  of  2019,
    21  are amended to read as follows:
    22    6.  the  number  of  violations recorded within all school speed zones
    23  within the city that were:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00336-01-3
        S. 1651                             2

     1    (i) more than [ten] seven but not more than twenty miles per hour over
     2  the posted speed limit;
     3    (ii) more than twenty but not more than thirty miles per hour over the
     4  posted speed limit;
     5    (iii) more than thirty but not more than forty miles per hour over the
     6  posted speed limit; and
     7    (iv) more than forty miles per hour over the posted speed limit;
     8    7.  the  number  of  violations recorded within each school speed zone
     9  where a photo speed violation monitoring system is used that were:
    10    (i) more than [ten] seven but not more than twenty miles per hour over
    11  the posted speed limit;
    12    (ii) more than twenty but not more than thirty miles per hour over the
    13  posted speed limit;
    14    (iii) more than thirty but not more than forty miles per hour over the
    15  posted speed limit; and
    16    (iv) more than forty miles per hour over the posted speed limit;
    17    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    18  have become a law; provided that the amendments to section 1180-b of the
    19  vehicle  and  traffic law made by sections one and two of this act shall
    20  not affect the repeal of such section and shall be deemed repealed ther-
    21  ewith.