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A09283 Summary:

BILL NOA09283A
 
SAME ASSAME AS S09304
 
SPONSORSlater
 
COSPNSR
 
MLTSPNSR
 
Amd §1180-e, V & T L; amd §371-a, Gen Muni L
 
Authorizes the town of Yorktown, Westchester county, shall have the ability to install and operate photo speed violation monitoring systems within construction or maintenance work areas that fall within the border or jurisdiction of such municipality; makes related provisions.
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A09283 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9283--A
 
                   IN ASSEMBLY
 
                                    February 23, 2024
                                       ___________
 
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on  Transportation  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the vehicle  and  traffic  law,  in  relation  to  owner
          liability  for failure of operator to comply with certain posted maxi-
          mum speed limits in the town of Yorktown, Westchester county;  and  to
          amend  the  general  municipal  law,  in  relation to making technical
          corrections
 
          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 "Jake's Law".
     2    §  2.  Paragraph 1 of subdivision (a) of section 1180-e of the vehicle
     3  and traffic law, as added by chapter 421 of the laws of 2021, is amended
     4  to read as follows:
     5    1. (a) Notwithstanding any other provision of law, the commissioner of
     6  transportation is hereby authorized to establish a demonstration program
     7  imposing monetary liability on the owner of a vehicle for failure of  an
     8  operator thereof to comply with posted maximum speed limits in a highway
     9  construction  or  maintenance  work  area located on a controlled-access
    10  highway (i) when highway construction or maintenance work  is  occurring
    11  and a work area speed limit is in effect as provided in paragraph two of
    12  subdivision  (d)  or subdivision (f) of section eleven hundred eighty of
    13  this article or (ii) when highway construction or  maintenance  work  is
    14  occurring  and  other speed limits are in effect as provided in subdivi-
    15  sion (b) or (g) or paragraph one of subdivision (d)  of  section  eleven
    16  hundred eighty of this article. Such demonstration program shall empower
    17  the  commissioner  to  install  photo speed violation monitoring systems
    18  within no more than twenty  highway  construction  or  maintenance  work
    19  areas  located on controlled-access highways and to operate such systems
    20  within such work areas (iii) when highway  construction  or  maintenance
    21  work  is  occurring and a work area speed limit is in effect as provided
    22  in paragraph two of subdivision (d) or subdivision (f) of section eleven
    23  hundred eighty of this article or  (iv)  when  highway  construction  or
    24  maintenance  work  is  occurring and other speed limits are in effect as
    25  provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
    26  of  section  eleven hundred eighty of this article. The commissioner, in
    27  consultation with the superintendent of the division  of  state  police,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10952-04-4

        A. 9283--A                          2
 
     1  shall  determine the location of the highway construction or maintenance
     2  work areas located on a controlled-access highway in  which  to  install
     3  and  operate  photo  speed  violation monitoring systems. In selecting a
     4  highway  construction  or  maintenance work area in which to install and
     5  operate a photo speed  violation  monitoring  system,  the  commissioner
     6  shall  consider  criteria including, but not limited to, the speed data,
     7  crash  history,  and  roadway  geometry  applicable  to   such   highway
     8  construction  or maintenance work area. A photo speed violation monitor-
     9  ing system shall not be installed or  operated  on  a  controlled-access
    10  highway exit ramp.
    11    (b) The town of Yorktown, Westchester county, with respect to highways
    12  in  such town, but not including state highways maintained by the state,
    13  may install and operate photo speed violation  monitoring  systems:  (i)
    14  when  highway  construction  or maintenance work is occurring and a work
    15  area speed limit is in effect as provided in paragraph two  of  subdivi-
    16  sion  (d)  or  subdivision  (f) of section eleven hundred eighty of this
    17  article; or (ii) when highway construction or maintenance work is occur-
    18  ring and other speed limits are in effect as provided in subdivision (g)
    19  or paragraph one of subdivision (d) of section eleven hundred eighty  of
    20  this article.
    21    §  3.  Section 371-a of the general municipal law, as separately added
    22  by chapters 421, 460 and 773 of the laws of 2021, is amended to read  as
    23  follows:
    24    §  371-a. Additional jurisdiction and procedure related to the adjudi-
    25  cation of certain notices of  liability.  A  traffic  violations  bureau
    26  established  pursuant  to  subdivision  one  and  a  traffic and parking
    27  violations agency established pursuant to  subdivision  two  of  section
    28  three  hundred  seventy-one of this article may be authorized to adjudi-
    29  cate, in accordance with the provisions of this article,  the  liability
    30  of  owners:  (a)  for  violations  of  subdivision (d) of section eleven
    31  hundred eleven of the vehicle and traffic  law  imposed  pursuant  to  a
    32  local  law  or  ordinance  imposing monetary liability on the owner of a
    33  vehicle for failure of an operator thereof to comply  with  traffic-con-
    34  trol  indications through the installation and operation of traffic-con-
    35  trol signal photo violation-monitoring systems, in accordance with arti-
    36  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    37  section eleven hundred seventy-four of the vehicle and traffic law  when
    38  meeting  a  school  bus  marked and equipped as provided in subdivisions
    39  twenty and twenty-one-c of section three  hundred  seventy-five  of  the
    40  vehicle  and  traffic  law  imposed pursuant to a local law or ordinance
    41  imposing monetary liability on the owner of a vehicle for failure of  an
    42  operator  thereof  to  comply with school bus red visual signals through
    43  the installation and operation of school bus photo violation  monitoring
    44  systems, in accordance with article twenty-nine of the vehicle and traf-
    45  fic  law;  or  (c) for violations of subdivision (b), (d), (f) or (g) of
    46  section eleven hundred eighty of the vehicle  and  traffic  law  imposed
    47  pursuant  to  a demonstration program imposing monetary liability on the
    48  owner of a vehicle for failure of an operator  thereof  to  comply  with
    49  such  posted  maximum  speed  limits  within a [highway] construction or
    50  maintenance work area through the installation and  operation  of  photo
    51  speed violation monitoring systems, in accordance with article thirty of
    52  [this chapter] the vehicle and traffic law.
    53    §  4.  This  act shall take effect on the ninetieth day after it shall
    54  have become a law; provided that the amendments to section 1180-e of the
    55  vehicle and traffic law made by section two of this act shall not affect
    56  the repeal of such section and shall be deemed repealed therewith.
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