Bill Text: NY S08980 | 2019-2020 | General Assembly | Introduced


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 3-0)

Status: (Introduced) 2020-09-16 - REFERRED TO RULES [S08980 Detail]

Download: New_York-2019-S08980-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8980

                    IN SENATE

                                   September 16, 2020
                                       ___________

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

        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-
    24  days  between the hours of six o'clock A.M. and ten o'clock P.M., except
    25  as otherwise provided in paragraph one-a of this subdivision. In select-
    26  ing a school speed zone in which to install and operate  a  photo  speed
    27  violation  monitoring system, the city of New York shall consider crite-
    28  ria including, but not limited to, the speed data,  crash  history,  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17288-02-0

        S. 8980                             2

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