STATE OF NEW YORK ________________________________________________________________________
6681
2021-2022 Regular Sessions
IN ASSEMBLY
March 25, 2021 ___________
Introduced by M. of A. GLICK, GOTTFRIED -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to photo speed violation monitoring systems in school speed zones in the city of New York; and to amend chapter 189 of the laws of 2013, amending the vehi- cle and traffic law and the public officers law relating to establish- ing 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 the effective- ness thereof
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Section 201 of the vehicle and traffic law is amended by 2 adding a new subdivision 13 to read as follows: 3 13. The commissioner shall be required to maintain all records of 4 vehicle registrations whose owners have been documented violating subdi- 5 visions (b), (c) , (d), (f) or (g) of section eleven hundred eighty of 6 this chapter at least five times within a two year period and may inform 7 the company which insures the vehicle of all such documented violations. 8 § 2. Subdivision 2 of section 510 of the vehicle and traffic law is 9 amended by adding a new paragraph b-1 to read as follows: 10 b-1. Mandatory registration suspension. Such registration shall be 11 suspended for a period of ninety days where the holder is found liable 12 of six or more violations under section eleven hundred eighty-b of this 13 chapter within a period of two years. Such registration suspension shall 14 commence on the tenth day after the notice of liability for violations 15 has been mailed pursuant to subdivision (g) of section eleven hundred 16 eighty-b of this chapter. 17 § 3. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle 18 and traffic law, as amended by chapter 30 of the laws of 2019, is 19 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10466-02-1
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1 1. Notwithstanding any other provision of law, the city of New York is 2 hereby authorized to establish a demonstration program imposing monetary 3 liability on the owner of a vehicle for failure of an operator thereof 4 to comply with posted maximum speed limits in a school speed zone within 5 such city [(i) when a school speed limit is in effect as provided in 6 paragraphs one and two of subdivision (c) of section eleven hundred 7 eighty of this article or (ii) when other speed limits are in effect as 8 provided in subdivision (b), (d), (f) or (g) of section eleven hundred 9 eighty of this article weekdays between the hours of six o'clock A.M. 10 and ten o'clock P.M]. Such demonstration program shall empower the city 11 of New York to install photo speed violation monitoring systems within 12 no more than seven hundred fifty school speed zones within such city at 13 any one time and to operate such systems within such zones [(iii) when a 14 school speed limit is in effect as provided in paragraphs one and two of 15 subdivision (c) of section eleven hundred eighty of this article or (iv) 16 when other speed limits are in effect as provided in subdivision (b), 17 (d), (f) or (g) of section eleven hundred eighty of this article week- 18 days between the hours of six o'clock A.M. and ten o'clock P.M]. In 19 selecting a school speed zone in which to install and operate a photo 20 speed violation monitoring system, the city of New York shall consider 21 criteria including, but not limited to, the speed data, crash history, 22 and the roadway geometry applicable to such school speed zone. Such city 23 shall prioritize the placement of photo speed violation monitoring 24 systems in school speed zones based upon speed data or the crash history 25 of a school speed zone. A photo speed violation monitoring system shall 26 not be installed or operated on a controlled-access highway exit ramp or 27 within three hundred feet along a highway that continues from the end of 28 a controlled-access highway exit ramp. 29 § 4. Paragraph 3 of subdivision (a) of section 1180-b of the vehicle 30 and traffic law, as added by chapter 189 of the laws of 2013, is amended 31 to read as follows: 32 3. (i) Operators of mobile photo speed violation monitoring systems 33 shall have completed training in the procedures for setting up, testing, 34 and operating such mobile systems. 35 (ii) Entities operating fixed photo speed violation monitoring systems 36 shall establish and maintain procedures for setting up, testing, and 37 operating such fixed systems. 38 (iii) Each [such] operator of a mobile photo speed violation monitor- 39 ing system, or each entity that operates a fixed photo speed violation 40 monitoring system, shall [complete and sign] maintain a daily [set-up] 41 camera log report for each such system that [he or she operates that 42 (i)] (A) states the date and time when, and the location where, the 43 system was set up that day, and [(ii)] (B) states that such operator or 44 entity successfully performed, and the system passed, the self-tests of 45 such system before producing a recorded image that day. 46 (iv) The city shall retain each such daily camera log report until the 47 later of the date on which the mobile or fixed photo speed violation 48 monitoring system to which it applies has been permanently removed from 49 use or the final resolution of all cases involving notices of liability 50 issued based on photographs, microphotographs, video or other recorded 51 images produced by such system. 52 § 5. Paragraph 3 of subdivision (c) of section 1180-b of the vehicle 53 and traffic law, as added by chapter 189 of the laws of 2013, is amended 54 to read as follows: 55 3. "photo speed violation monitoring system" shall mean a mobile or 56 fixed vehicle sensor installed to work in conjunction with a speed meas-
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1 uring device which automatically produces two or more photographs, two 2 or more microphotographs, a videotape or other recorded images of each 3 vehicle at the time it is used or operated in a school speed zone in 4 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 5 hundred eighty of this article in accordance with the provisions of this 6 section; and 7 § 6. Subdivisions (e) and (f) of section 1180-b of the vehicle and 8 traffic law, as added by chapter 189 of the laws of 2013, are amended to 9 read as follows: 10 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 11 or (g) of section eleven hundred eighty of this article pursuant to a 12 demonstration program established pursuant to this section shall be 13 liable for monetary penalties in accordance with a schedule of fines and 14 penalties to be promulgated by the parking violations bureau of the city 15 of New York. The liability of the owner pursuant to this section shall 16 not exceed [fifty dollars for each violation] the dollar amounts 17 prescribed in this subdivision for the following number of violations, 18 committed within a period of two years: fifty dollars for the first two 19 violations, one hundred dollars for the third violation, two hundred 20 dollars for the fourth violation, three hundred fifty dollars for the 21 fifth violation, and five hundred dollars for the sixth or more 22 violation; provided, however, that such parking violations bureau may 23 provide for an additional penalty not in excess of twenty-five dollars 24 for each violation for the failure to respond to a notice of liability 25 within the prescribed time period. 26 (f) [An imposition of liability under the demonstration program estab- 27 lished pursuant to this section shall not be deemed a conviction as an 28 operator and shall not be made part of the operating record of the 29 person upon whom such liability is imposed nor shall it be used for 30 insurance purposes in the provision of motor vehicle insurance coverage] 31 A notice of liability issued pursuant to this section, if such notice 32 indicates a fifth violation within a two year period of subdivision (b), 33 (c), (d), (f) or (g) of section eleven hundred eighty of this article 34 pursuant to the demonstration program established in this section shall 35 be forwarded by the parking violations bureau of the city of New York 36 to the commissioner of motor vehicles, as defined in section two hundred 37 of this chapter, for the purposes of compliance with subdivision thir- 38 teen of section two hundred one of this chapter. 39 § 7. Paragraph 2 of subdivision (g) 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 2. A notice of liability shall contain (i) the name and address of the 43 person alleged to be liable as an owner for a violation of subdivision 44 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 45 cle pursuant to this section, (ii) the registration number of the vehi- 46 cle involved in such violation, (iii) the location where such violation 47 took place, (iv) the date and time of such violation, (v) the identifi- 48 cation number of the camera which recorded the violation or other docu- 49 ment locator number, (vi) at least two date and time stamped images of 50 the rear of the motor vehicle that include the same stationary object 51 near the motor vehicle, and (vii) the certificate charging the 52 liability, which shall be a statement within the notice of liability 53 that an owner violated subdivision (b), (c), (d), (f) or (g) of section 54 eleven hundred eighty of this article pursuant to this section and is 55 liable for penalties in accordance with this section.
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1 § 8. The opening paragraph of section 15 of chapter 189 of the laws of 2 2013, amending the vehicle and traffic law and the public officers law 3 relating to establishing in a city with a population of one million or 4 more a demonstration program implementing speed violation monitoring 5 systems in school speed zones by means of photo devices, as amended by 6 chapter 30 of the laws of 2019, is amended to read as follows: 7 This act shall take effect on the thirtieth day after it shall have 8 become a law and shall expire and be deemed repealed July 1, [2022] 9 2025; and provided further that any rules necessary for the implementa- 10 tion of this act on its effective date shall be promulgated on or before 11 such effective date, provided that: 12 § 9. This act shall take effect on the sixtieth day after it shall 13 have become a law; provided that the amendments to section 1180-b of the 14 vehicle and traffic law made by sections three, four, five, six and 15 seven of this act shall not affect the expiration of such section and 16 shall expire and be deemed repealed therewith.