NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4447
SPONSOR: Molitor TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to establishing
a school speed zone camera demonstration program in the city of James-
town; and providing for the repeal of such provisions upon expiration
thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize the city of Jamestown to establish a school
speed zone camera demonstration program.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 1180-e to the vehicle and traffic law with
the following provisions: Subsection (a) contains the relevant defi-
nitions. Subsection (b) authorizes the city of Jamestown to create a
school speed zone camera demonstration program for nine school speed
zones. Subsection (c) sets forth the program requirements for the speed
camera demonstration program, including (1) a requirement that the
system pass a self-test every day, (2) warning signs of the camera use
are installed, (3) speed camera operators have been duly trained and
maintain a daily log, and (4) the cameras undergo annual calibrations,
images are for the sole use of enforcement, with limited exceptions
requiring a court-order.
Subsection (d) sets a maximum fine of $50 plus up to $25 failure to
respond in a timely manner, and sets forth several affirmative defenses
if the operator was convicted of the underlying offense, the vehicle or
the license plate was stolen, the owner was not operating the vehicle,
the vehicle was leased to a third-party, or the camera was malfunction-
ing. A fine based on the speed cameras will not be considered a speeding
conviction.
Subsection (e) specifies the procedure for enforcement, including the
contents and service of a notice of liability, the enforcement by either
an administrative tribunal or the city court, the hearing requirements,
and provisions for a default judgment. Subsection (f) requires the city
to provide a detailed annual report regarding the operation of the speed
cameras.
Section 2 provides for an immediate effective date and a term of three.
years for the demonstration project, provided, however, that the demon-
stration project shall be automatically suspended in the event the annu-
al report is not filed in a timely manner.
JUSTIFICATION:
Speeding motorists are an issue in school zones where children and fami-
lies are at risk of speeding drivers. According to Safe Kids Worldwide,
in the United States there has been a 13% increase in the pedestrian
death rate for 12-19-year olds since 2013.
Under the present provisions of law, a police officer must be present at
the scene of a speeding violation to observe the violation and serve the
operator of the vehicle with a summons. There are not a sufficient
number of police officers to observe every speeding violation in a
school zone in the city of Jamestown.
The purpose of this legislation is to implement a system to supplement
the police effort by using speed camera technology to record speeding
violations. This technology combines speed sensing technology that
determines the speed of a vehicle and captures/records that data by
photographic, micrographic, video tape or other recording system and
produces images of a motor vehicle that exceeds the speed limit. This
image can then be used as evidence in a proceeding to impose liability
on the owner of the vehicle for the speeding violation. The enactment of
this legislation will give the City of Jamestown a greater ability to
enforce appropriate speeds through school zones, hopefully saving lives
in the process.
PRIOR LEGISLATIVE HISTORY:
A.7224 2021/2022 - Held for consideration in Transportation
A.1914 2023/2024 - Held for consideration in Transportation
Similar legislation was enacted authorizing school speed zone cameras in
the City of Buffalo (Chapter 148 of the Laws of 2019, sponsored by
Assemblywoman People-Stokes.)
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
