Bill Text: NY S00357 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to establishing photo speed monitoring systems in school speed zones and to the effectiveness thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-28 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00357 Detail]

Download: New_York-2017-S00357-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           357
                               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 establishing
          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, amend-
          ing  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
          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
    12  hundred  eighty  of  this  article  [during  the following times: (A) on
    13  school days during school hours and one hour before and one  hour  after
    14  the school day, and (B) a period during student activities at the school
    15  and  up  to  thirty  minutes immediately before and up to thirty minutes

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00136-01-7
        S. 357                              2

     1  immediately after such student activities]. Such [demonstration] program
     2  shall empower the city  to  install  photo  speed  violation  monitoring
     3  systems  within  [no more than one hundred forty] all school speed zones
     4  within  the  city  [at  any one time] and to operate such systems within
     5  such zones (iii) 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 (iv) 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 [during the following times: (A) on  school  days
    10  during  school  hours  and one hour before and one hour after the school
    11  day, and (B) a period during student activities at the school and up  to
    12  thirty  minutes  immediately before and up to thirty minutes immediately
    13  after such student activities]. In selecting  a  school  speed  zone  in
    14  which  to install and operate a photo speed violation monitoring system,
    15  the city shall consider criteria including, but not limited to the speed
    16  data, crash history, and the roadway geometry applicable to such  school
    17  speed zone.
    18    §  2. The opening paragraph of section 12 of chapter 43 of the laws of
    19  2014, amending the vehicle and traffic law, the public officers law  and
    20  the  general  municipal law relating to photo speed violation monitoring
    21  systems in school speed zones in the city of New  York,  is  amended  to
    22  read as follows:
    23    This  act  shall  take effect on the thirtieth day after it shall have
    24  become a law [and]; provided that sections one through ten of  this  act
    25  shall  expire  4 years after such effective date when upon such date the
    26  provisions of this act shall be deemed repealed;  and  provided  further
    27  that  any  rules  necessary  for  the  implementation of this act on its
    28  effective date shall be promulgated on or before  such  effective  date,
    29  provided that:
    30    §  3.  Subparagraph  (i)  of paragraph 5 of subdivision (a) of section
    31  1180-b of the vehicle and traffic law, as added by chapter  189  of  the
    32  laws of 2013, is amended to read as follows:
    33    (i)  Such [demonstration] program shall utilize necessary technologies
    34  to ensure, to the  extent  practicable,  that  photographs,  microphoto-
    35  graphs,  videotape or other recorded images produced by such photo speed
    36  violation monitoring systems shall not include images that identify  the
    37  driver,  the  passengers,  or  the  contents of the vehicle.   Provided,
    38  however, that no notice of liability issued  pursuant  to  this  section
    39  shall  be  dismissed  solely because such a photograph, microphotograph,
    40  videotape or other recorded image allows for the identification  of  the
    41  driver, the passengers, or the contents of vehicles where the city shows
    42  that  it  made  reasonable efforts to comply with the provisions of this
    43  paragraph in such case.
    44    § 4. Subdivision (b) of section 1180-b of the vehicle and traffic law,
    45  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
    46  follows:
    47    (b)  If  the  city  of  New York establishes a [demonstration] program
    48  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
    49  shall  be  liable for a penalty imposed pursuant to this section if such
    50  vehicle was used or operated with the permission of the  owner,  express
    51  or  implied,  within a school speed zone in violation of subdivision (c)
    52  or during the times authorized  pursuant  to  subdivision  (a)  of  this
    53  section  in  violation  of  subdivision  (b), (d), (f) or (g) of section
    54  eleven hundred eighty of this article, such vehicle was traveling  at  a
    55  speed  of  more  than ten miles per hour above the posted speed limit in
    56  effect within such school speed zone, and such violation is evidenced by
        S. 357                              3
     1  information obtained from a photo  speed  violation  monitoring  system;
     2  provided however that no owner of a vehicle shall be liable for a penal-
     3  ty  imposed  pursuant to this section where the operator of such vehicle
     4  has  been convicted of the underlying violation of subdivision (b), (c),
     5  (d), (f) or (g) of section eleven hundred eighty of this article.
     6    § 5. Subdivision (f) of section 1180-b of the vehicle and traffic law,
     7  as added by chapter 189 of the laws of  2013,  is  amended  to  read  as
     8  follows:
     9    (f)  An  imposition  of  liability  under  the [demonstration] program
    10  established pursuant to this section shall not be deemed a conviction as
    11  an operator and shall not be made part of the operating  record  of  the
    12  person  upon  whom  such  liability  is imposed nor shall it be used for
    13  insurance purposes in the provision of motor vehicle insurance coverage.
    14    § 6. The opening paragraph of subdivision (n) of section 1180-b of the
    15  vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
    16  amended to read as follows:
    17    If the city adopts a [demonstration] program pursuant  to  subdivision
    18  [one  of]  (a)  of  this  section  it shall conduct a study and submit a
    19  report on the results of the use of photo devices to the  governor,  the
    20  temporary  president of the senate and the speaker of the assembly. Such
    21  report shall include:
    22    § 7. The opening paragraph of section 15 of chapter 189 of the laws of
    23  2013, amending the vehicle and traffic law and the public  officers  law
    24  relating  to  establishing  in  a  city with a population of one million
    25  people or more a  demonstration  program  implementing  speed  violation
    26  monitoring systems in school zones by means of photo devices, is amended
    27  to read as follows:
    28    This  act  shall  take effect on the thirtieth day after it shall have
    29  become a law [and shall expire 5 years after such  effective  date  when
    30  upon such date the provisions of this act shall be deemed repealed; and]
    31  provided  [further]  that  any rules necessary for the implementation of
    32  this act on its effective date shall be promulgated on  or  before  such
    33  effective date, provided that:
    34    §  8.  This  act  shall take effect on the sixtieth day after it shall
    35  have become a law.