Bill Text: NY S09123 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to photo speed violation monitoring systems in school speed zones in the city of New York; makes technical corrections relating to photo speed violation monitoring systems in school speed zones in the city of New York; extends provisions of law relating to establishing in a city with a population of one million or more a school speed zones by means of photo devices; doubles the fines for traffic infractions and misdemeanors committed in school traffic control zones; provides that all monetary penalties collected pursuant to section 1180-b of the vehicle and traffic law shall be used exclusively for the purpose of the placement of either a traffic light or stop sign at every intersection or corner immediately surrounding a school safety zone within such school zone pursuant to section 1800-a of the vehicle and traffic law.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2018-06-22 - REFERRED TO RULES [S09123 Detail]

Download: New_York-2017-S09123-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          9123
                    IN SENATE
                                      June 22, 2018
                                       ___________
        Introduced  by  Sens.  LANZA,  GOLDEN,  FELDER -- 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 photo  speed
          violation  monitoring systems in school speed zones in the city of New
          York; to amend 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  making  technical
          corrections  thereto; 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 or more a
          demonstration program implementing speed violation monitoring  systems
          in  school  speed  zones by means of photo devices, in relation to the
          effectiveness thereof; to  amend  the  vehicle  and  traffic  law,  in
          relation  to  doubling  the  fines for traffic infractions and traffic
          misdemeanors committed in school traffic control zones; and  to  amend
          the vehicle and traffic law, in relation to certain monetary penalties
          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 monetary
     6  liability on the owner of a vehicle for failure of an  operator  thereof
     7  to comply with posted maximum speed limits in a school speed zone within
     8  [the]  such  city (i) when a school speed limit is in effect as provided
     9  in paragraphs one and two of subdivision (c) of section  eleven  hundred
    10  eighty  of this article or (ii) when other speed limits are in effect as
    11  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
    12  eighty  of  this  article during the following times: (A) on school days
    13  during school hours and one hour before and one hour  after  the  school
    14  day,  and (B) a period during student activities at the school and up to
    15  thirty minutes immediately before and up to thirty  minutes  immediately
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16364-02-8

        S. 9123                             2
     1  after  such student activities. Such demonstration program shall empower
     2  the city of New York to install photo speed violation monitoring systems
     3  within no more than one hundred forty school speed  zones  within  [the]
     4  such  city at any one time and to operate such systems within such zones
     5  (iii) when a school speed limit is in effect as provided  in  paragraphs
     6  one  and two of subdivision (c) of section eleven hundred eighty of this
     7  article or (iv) when other speed limits are in  effect  as  provided  in
     8  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
     9  this article during the following  times:  (A)  on  school  days  during
    10  school  hours and one hour before and one hour after the school day, and
    11  (B) a period during student activities at the school and  up  to  thirty
    12  minutes  immediately  before  and up to thirty minutes immediately after
    13  such student activities.  In selecting a school speed zone in  which  to
    14  install  and operate a photo speed violation monitoring system, the city
    15  of New York shall consider criteria including, but not limited  to,  the
    16  speed  data,  crash history, and the roadway geometry applicable to such
    17  school speed zone. Such city shall prioritize  the  placement  of  photo
    18  speed  violation  monitoring  systems  in  school speed zones based upon
    19  speed data or the crash history of a school speed zone.  A  photo  speed
    20  violation  monitoring  system  shall  not  be installed or operated on a
    21  controlled-access highway exit ramp or within three hundred feet along a
    22  highway that continues from the end of a controlled-access highway  exit
    23  ramp.
    24    §  2.  Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
    25  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    26  to read as follows:
    27    2. No photo speed violation monitoring  system  shall  be  used  in  a
    28  school speed zone unless (i) on the day it is to be used it has success-
    29  fully  passed a self-test of its functions; and (ii) it has undergone an
    30  annual calibration check performed pursuant to paragraph  four  of  this
    31  subdivision.  The  city  [may]  shall install signs giving notice that a
    32  photo speed violation monitoring system is  in  use  to  be  mounted  on
    33  advance  warning  signs notifying approaching motor vehicle operators of
    34  such upcoming school speed zone and/or on speed limit  signs  applicable
    35  within such school speed zone, in conformance with standards established
    36  in  the  MUTCD.  Such  advance  warning  signs shall also, to the extent
    37  authorized by the MUTCD, contain the words "speed camera ahead"  and  be
    38  no more than three hundred feet from such photo speed violation monitor-
    39  ing system.
    40    § 3. Subdivision (n) of section 1180-b of the vehicle and traffic law,
    41  as  added  by  chapter  189  of  the laws of 2013, is amended to read as
    42  follows:
    43    (n) If the city adopts a demonstration program pursuant to subdivision
    44  [one] (a) of this section it shall conduct a study  and  submit  [a]  an
    45  annual  report  on the results of the use of photo devices to the gover-
    46  nor, the temporary president of the senate and the speaker of the assem-
    47  bly on or before June first, two thousand nineteen and on the same  date
    48  in  each succeeding year in which the demonstration program is operable.
    49  Such report shall include:
    50    1. the locations where and dates when photo speed violation monitoring
    51  systems were used;
    52    2. the aggregate number, type and  severity  of  crashes,  fatalities,
    53  injuries  and  property  damage  reported  within all school speed zones
    54  within the city, to the extent the  information  is  maintained  by  the
    55  department of motor vehicles of this state;

        S. 9123                             3
     1    3.  the  aggregate  number,  type and severity of crashes, fatalities,
     2  injuries and property damage reported within school  speed  zones  where
     3  photo  speed  violation  monitoring systems were used, to the extent the
     4  information is maintained by the department of motor  vehicles  of  this
     5  state;
     6    4.  the  number  of  violations recorded within all school speed zones
     7  within the city, in the aggregate on a daily, weekly and monthly basis;
     8    5. the number of violations recorded within  each  school  speed  zone
     9  where  a  photo speed violation monitoring system is used, in the aggre-
    10  gate on a daily, weekly and monthly basis;
    11    6. the number of violations recorded within  all  school  speed  zones
    12  within the city that were:
    13    (i)  more  than  ten  but not more than twenty miles per hour over the
    14  posted speed limit;
    15    (ii) more than twenty but not more than thirty miles per hour over the
    16  posted speed limit;
    17    (iii) more than thirty but not more than forty miles per hour over the
    18  posted speed limit; and
    19    (iv) more than forty miles per hour over the posted speed limit;
    20    7. the number of violations recorded within  each  school  speed  zone
    21  where a photo speed violation monitoring system is used that were:
    22    (i)  more  than  ten  but not more than twenty miles per hour over the
    23  posted speed limit;
    24    (ii) more than twenty but not more than thirty miles per hour over the
    25  posted speed limit;
    26    (iii) more than thirty but not more than forty miles per hour over the
    27  posted speed limit; and
    28    (iv) more than forty miles per hour over the posted speed limit;
    29    8. the total number of notices  of  liability  issued  for  violations
    30  recorded by such systems;
    31    9.  the number of fines and total amount of fines paid after the first
    32  notice of liability issued for violations recorded by such systems;
    33    10. the number of violations adjudicated and the results of such adju-
    34  dications including  breakdowns  of  dispositions  made  for  violations
    35  recorded by such systems;
    36    11.  the  total  amount  of revenue realized by the city in connection
    37  with the program;
    38    12. the expenses incurred by the city in connection with the  program;
    39  [and]
    40    13. the quality of the adjudication process and its results; and
    41    14.  the effectiveness and adequacy of the hours of operation for such
    42  program to determine the impact on speeding violations and prevention of
    43  crashes.
    44    § 4. The opening paragraph of section 12 of chapter 43 of the laws  of
    45  2014,  amending the vehicle and traffic law, the public officers law and
    46  the general municipal law relating to photo speed  violation  monitoring
    47  systems  in  school  speed  zones in the city of New York, is amended to
    48  read as follows:
    49    This act shall take effect on the thirtieth day after  it  shall  have
    50  become  a  law [and]; provided that sections one through ten of this act
    51  shall expire 4 years after such effective date when upon such  date  the
    52  provisions  of  such  sections of this act shall be deemed repealed; and
    53  provided further that any rules necessary for the implementation of this
    54  act on its effective date shall be promulgated on or before such  effec-
    55  tive date, provided that:

        S. 9123                             4
     1    § 5. 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, is amended to
     6  read as follows:
     7    This act shall take effect on the thirtieth day after  it  shall  have
     8  become  a law and shall expire 5 years and 6 months after such effective
     9  date when upon such date the provisions of  this  act  shall  be  deemed
    10  repealed;  and  provided further that any rules necessary for the imple-
    11  mentation of this act on its effective date shall be promulgated  on  or
    12  before such effective date, provided that:
    13    § 6. The vehicle and traffic law is amended by adding two new sections
    14  1800-a and 1801-a to read as follows:
    15    §  1800-a. School traffic control zone; traffic infractions.  Notwith-
    16  standing the provisions of section eighteen hundred of this article  and
    17  any  rule  or regulation to the contrary, that part of any highway adja-
    18  cent to a school where maximum school  speed  limits  have  been  estab-
    19  lished, shall also be designated a school traffic control zone and shall
    20  be  clearly  marked with the placement of either a traffic light or stop
    21  sign at every intersection or corner immediately  surrounding  a  school
    22  safety  zone  within such school zone. All fines for traffic infractions
    23  pursuant to this chapter which are committed in a school traffic control
    24  zone shall be double the maximum amount otherwise set out in this  chap-
    25  ter for such infractions.
    26    §  1801-a.  School traffic control zone; misdemeanors. Notwithstanding
    27  the provisions of section eighteen hundred one of this article  and  any
    28  rule   or   regulation  to  the  contrary,  all  fines  for  misdemeanor
    29  convictions pursuant to this chapter, which are committed  in  a  school
    30  traffic  control  zone,  as  designated  pursuant  to  section  eighteen
    31  hundred-a of this article, shall be double the maximum amount  otherwise
    32  set out in this chapter for such misdemeanor convictions.
    33    § 7. Subdivision (e) of section 1180-b of the vehicle and traffic law,
    34  as  added  by  chapter  189  of  the laws of 2013, is amended to read as
    35  follows:
    36    (e) An owner liable for a violation of subdivision (b), (c), (d),  (f)
    37  or  (g)  of  section eleven hundred eighty of this article pursuant to a
    38  demonstration program established pursuant  to  this  section  shall  be
    39  liable for monetary penalties in accordance with a schedule of fines and
    40  penalties to be promulgated by the parking violations bureau of the city
    41  of  New  York. The liability of the owner pursuant to this section shall
    42  not exceed fifty dollars for each  violation;  provided,  however,  that
    43  such parking violations bureau may provide for an additional penalty not
    44  in  excess  of twenty-five dollars for each violation for the failure to
    45  respond to a notice of liability within the prescribed time period.  All
    46  monetary penalties collected pursuant to  this  section  shall  be  used
    47  exclusively  for  the purpose of the placement of either a traffic light
    48  or stop sign at every intersection or corner immediately  surrounding  a
    49  school  safety zone within such school zone pursuant to section eighteen
    50  hundred-a of this chapter.
    51    § 8. This act shall take effect immediately:
    52    (a) provided that the amendments to section 1180-b of the vehicle  and
    53  traffic law made by sections one, two, three and seven of this act shall
    54  not affect the repeal of such section and shall be deemed repealed ther-
    55  ewith; and provided further that the amendments to paragraph 2 of subdi-
    56  vision  (a)  of  section  1180-b  of the vehicle and traffic law made by

        S. 9123                             5
     1  section two of this act shall take effect on  the  ninetieth  day  after
     2  this act shall have become a law; and
     3    (b)  provided,  however, that the provisions of sections six and seven
     4  of this act shall take effect on the ninetieth day after it  shall  have
     5  become  a law. Provided that the commissioner of motor vehicles is imme-
     6  diately authorized and directed to promulgate, amend and/or  repeal  any
     7  rules  and regulations necessary to implement the provisions of this act
     8  on its effective date.
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