Amd §1180-b, V & T L; amd §12, Chap 43 of 2014; amd §15, Chap 189 of 2013
Reduces the limitations on the number of schools in the city of New York at which photo speed violation monitoring systems may be utilized and the times during which they may be operated; requires such city to install signs giving notice of the use of such a system; and extends the expiration of such program until July 1, 2022.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6449
SPONSOR: Glick TITLE OF BILL: 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; and to amend chapter 189 of the
laws of 2013, amending the vehicle and traffic law and the public offi-
cers 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
PURPOSE:
Expands the photo speed violation monitoring systems program for school
speed zones in the city of New York
SUMMARY OF PROVISIONS:
Section 1 amends paragraph 1 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as amended by chapter 43 of the laws of 2014 to
expand the use of speed cameras to 750 school zones within the City of
New York Monday through Friday between 6am-10pm.
Section 2 amends paragraph 2 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, by
mandating that the City shall install signs giving notice that a speed
camera is in use.
Section 3 amends paragraph 4 of subdivision (c) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, by
defining a "school speed zone" as being a radial distance not to exceed
one thousand three hundred twenty feet from a school building, entrance
or exit.
Section 4 sets forth an annual reporting requirement.
Section 5 amends the opening paragraph of section 12 of chapter 43 of
the laws of 2014, amending the vehicle and traffic law, the public offi-
cers law and the general municipal law by making technical amendments
regarding the expiration of sections one through ten of this act.
Section 6 makes technical amendments relative to the new sunset date of
July 1, 2022.
Section 7 revives and deems to have been in full force in effect para-
graph 1 of subdivision (a) of section 11-80-b of the vehicle and traffic
law, as amended by section one of this act on and after July 25, 2018
Section 8 establishes a 60 day effective date, provided that amendments
to section 1180-b of the vehicle and traffic law made by sections one,
two, three, and four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
JUSTIFICATION:
Speeding motorists continue to put schoolchildren in unnecessary danger
in New York City. The New York City Department of Transportation reports
that the risk of pedestrian death from being struck by a speeding vehi-
cle increases from 5% at a speed of 20 miles per hour to 45% at a speed
of 30 miles per hour, a 900% increase.
Chapter 189 of the Laws of 2013 established a five year demonstration
program to allow a small amount of speed safety cameras to be used near
schools in New York City at certain hours of the day. The data from this
demonstration program speaks for itself. The New York City Department of
Transportation reports that there has been a 60% drop in speeding
infractions in locations where speed safety cameras have been installed.
Furthermore, speed safety cameras were able to issue over 1 million
infractions to motorists who were speeding near schools. Currently, only
7% of New York City school children go to a school with a speed safety
camera nearby. It is time to expand this program so that more schools
can benefit from the enhanced safety that is associated with having
speed safety cameras nearby.
PRIOR LEGISLATIVE HISTORY:
2017-2018: Similar to A.7798C - Passed Assembly
FISCAL IMPACT:
TBD.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided that the amendments to section 1180-b of the
vehicle and traffic law made by sections one, two, three, and four of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
6449
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
___________
Introduced by M. of A. GLICK -- 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; 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; and to amend chapter 189 of the laws of 2013,
amending 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
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.
LBD10532-02-9
A. 6449 2
1 after such student activities] weekdays between the hours of six o'clock
2 A.M. and ten o'clock P.M. Such demonstration program shall empower the
3 city of New York to install photo speed violation monitoring systems
4 within no more than [one hundred forty] seven hundred fifty school speed
5 zones within [the] such city at any one time and to operate such systems
6 within such zones (iii) when a school speed limit is in effect as
7 provided in paragraphs one and two of subdivision (c) of section eleven
8 hundred eighty of this article or (iv) when other speed limits are in
9 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
10 hundred eighty of this article [during the following times: (A) on
11 school days during school hours and one hour before and one hour after
12 the school day, and (B) a period during student activities at the school
13 and up to thirty minutes immediately before and up to thirty minutes
14 immediately after such student activities] weekdays between the hours of
15 six o'clock A.M. and ten o'clock P.M. In selecting a school speed zone
16 in which to install and operate a photo speed violation monitoring
17 system, the city of New York shall consider criteria including, but not
18 limited to, the speed data, crash history, and the roadway geometry
19 applicable to such school speed zone. Such city shall prioritize the
20 placement of photo speed violation monitoring systems in school speed
21 zones based upon speed data or the crash history of a school speed zone.
22 A photo speed violation monitoring system shall not be installed or
23 operated on a controlled-access highway exit ramp or within three
24 hundred feet along a highway that continues from the end of a cont-
25 rolled-access highway exit ramp.
26 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
27 and traffic law, as added by chapter 189 of the laws of 2013, is amended
28 to read as follows:
29 2. No photo speed violation monitoring system shall be used in a
30 school speed zone unless (i) on the day it is to be used it has success-
31 fully passed a self-test of its functions; and (ii) it has undergone an
32 annual calibration check performed pursuant to paragraph four of this
33 subdivision. The city [may] shall install signs giving notice to
34 approaching motor vehicle operators that a photo speed violation moni-
35 toring system is in use [to be mounted on advance warning signs notify-
36 ing motor vehicle operators of such upcoming school speed zone and/or on
37 speed limit signs applicable within such school speed zone], in conform-
38 ance with standards established in the MUTCD.
39 § 3. Paragraph 4 of subdivision (c) 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 4. "school speed zone" shall mean a radial distance not to exceed one
43 thousand three hundred twenty feet [on a highway passing] from a school
44 building, entrance, or exit [of a school abutting on the highway].
45 § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
46 as added by chapter 189 of the laws of 2013, is amended to read as
47 follows:
48 (n) If the city adopts a demonstration program pursuant to subdivision
49 [one] (a) of this section it shall conduct a study and submit [a] an
50 annual report on the results of the use of photo devices to the gover-
51 nor, the temporary president of the senate and the speaker of the assem-
52 bly on or before June first, two thousand twenty and on the same date in
53 each succeeding year in which the demonstration program is operable.
54 Such report shall include:
55 1. the locations where and dates when photo speed violation monitoring
56 systems were used;
A. 6449 3
1 2. the aggregate number, type and severity of crashes, fatalities,
2 injuries and property damage reported within all school speed zones
3 within the city, to the extent the information is maintained by the
4 department of motor vehicles of this state;
5 3. the aggregate number, type and severity of crashes, fatalities,
6 injuries and property damage reported within school speed zones where
7 photo speed violation monitoring systems were used, to the extent the
8 information is maintained by the department of motor vehicles of this
9 state;
10 4. the number of violations recorded within all school speed zones
11 within the city, in the aggregate on a daily, weekly and monthly basis;
12 5. the number of violations recorded within each school speed zone
13 where a photo speed violation monitoring system is used, in the aggre-
14 gate on a daily, weekly and monthly basis;
15 6. the number of violations recorded within all school speed zones
16 within the city that were:
17 (i) more than ten but not more than twenty miles per hour over the
18 posted speed limit;
19 (ii) more than twenty but not more than thirty miles per hour over the
20 posted speed limit;
21 (iii) more than thirty but not more than forty miles per hour over the
22 posted speed limit; and
23 (iv) more than forty miles per hour over the posted speed limit;
24 7. the number of violations recorded within each school speed zone
25 where a photo speed violation monitoring system is used that were:
26 (i) more than ten but not more than twenty miles per hour over the
27 posted speed limit;
28 (ii) more than twenty but not more than thirty miles per hour over the
29 posted speed limit;
30 (iii) more than thirty but not more than forty miles per hour over the
31 posted speed limit; and
32 (iv) more than forty miles per hour over the posted speed limit;
33 8. the total number of notices of liability issued for violations
34 recorded by such systems;
35 9. the number of fines and total amount of fines paid after the first
36 notice of liability issued for violations recorded by such systems;
37 10. the number of violations adjudicated and the results of such adju-
38 dications including breakdowns of dispositions made for violations
39 recorded by such systems;
40 11. the total amount of revenue realized by the city in connection
41 with the program;
42 12. the expenses incurred by the city in connection with the program;
43 [and]
44 13. the quality of the adjudication process and its results;
45 14. the total amount of revenue expended on traffic and pedestrian
46 safety within the city of New York; and
47 15. the effectiveness and adequacy of the hours of operation for such
48 program to determine the impact on speeding violations and prevention of
49 crashes.
50 § 5. The opening paragraph of section 12 of chapter 43 of the laws of
51 2014, amending the vehicle and traffic law, the public officers law and
52 the general municipal law relating to photo speed violation monitoring
53 systems in school speed zones in the city of New York, is amended to
54 read as follows:
55 This act shall take effect on the thirtieth day after it shall have
56 become a law [and]; provided that sections one through ten of this act
A. 6449 4
1 shall expire 4 years after such effective date when upon such date the
2 provisions of such sections of this act shall be deemed repealed; and
3 provided further that any rules necessary for the implementation of this
4 act on its effective date shall be promulgated on or before such effec-
5 tive date, provided that:
6 § 6. The opening paragraph of section 15 of chapter 189 of the laws of
7 2013, amending the vehicle and traffic law and the public officers law
8 relating to establishing in a city with a population of one million or
9 more a demonstration program implementing speed violation monitoring
10 systems in school speed zones by means of photo devices, is amended to
11 read as follows:
12 This act shall take effect on the thirtieth day after it shall have
13 become a law and shall expire [5 years after such effective date when
14 upon such date the provisions of this act shall] and be deemed repealed
15 July 1, 2022; and provided further that any rules necessary for the
16 implementation of this act on its effective date shall be promulgated on
17 or before such effective date, provided that:
18 § 7. Notwithstanding the provisions of article 5 of the general
19 construction law, the provisions of:
20 (a) paragraph 1 of subdivision (a) of section 1180-b of the vehicle
21 and traffic law, as amended by section one of this act, is hereby
22 revived and shall be deemed to have been in full force and effect on and
23 after July 25, 2018; and
24 (b) section 1180-b of the vehicle and traffic law, as amended by
25 sections two, three and four of this act, is hereby revived and shall be
26 deemed to have been in full force and effect on and after August 30,
27 2018.
28 § 8. This act shall take effect on the sixtieth day after it shall
29 have become a law; provided that the amendments to section 1180-b of the
30 vehicle and traffic law made by sections one, two, three, and four of
31 this act shall not affect the repeal of such section and shall be deemed
32 repealed therewith.
