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 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: A7798C
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 290 school zones within the City of
New York.
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 within 300 feet of such camera. This section also
requires the installation of signage notifying drivers of the use of
speed cameras within a designated school speed zone.
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 a 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 sets forth a timeline for the addition of one hundred fifty
new school speed zones, as authorized by section 1 of this legislation.
Section 8 sets the effective date
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:
New bill.
FISCAL IMPACT:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately; 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; and provided further that the
amendments to paragraph 2 of subdivision (a) of section 1180-b of the
vehicle and traffic law made by section two of this act shall take
effect on the ninetieth day after this act shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7798--C
2017-2018 Regular Sessions
IN ASSEMBLY
May 15, 2017
___________
Introduced by M. of A. GLICK, VANEL, ORTIZ, DenDEKKER, CYMBROWITZ,
QUART, BARRON, WILLIAMS, HEVESI, SIMON, THIELE, L. ROSENTHAL, COOK,
GOTTFRIED, RODRIGUEZ, D'URSO, CARROLL, BLAKE, DE LA ROSA, DINOWITZ,
DICKENS, SEAWRIGHT, JAFFEE, MOSLEY, AUBRY, BICHOTTE, KIM, RIVERA,
SIMOTAS, PICHARDO, ROZIC, BENEDETTO, TITUS, PELLEGRINO, PAULIN,
TAYLOR, ARROYO, ESPINAL -- Multi-Sponsored by -- M. of A. GALEF, HYND-
MAN, LENTOL -- read once and referred to the Committee on Transporta-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- recommitted to the Committee on Transporta-
tion in accordance with Assembly Rule 3, sec. 2 -- 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 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11514-14-8
A. 7798--C 2
1 1. Notwithstanding any other provision of law, the city of New York is
2 hereby authorized to establish a demonstration program imposing monetary
3 liability on the owner of a vehicle for failure of an operator thereof
4 to comply with posted maximum speed limits in a school speed zone within
5 [the] such city (i) when a school speed limit is in effect as provided
6 in paragraphs one and two of subdivision (c) of section eleven hundred
7 eighty of this article or (ii) 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. Such demonstration program shall empower
14 the city of New York to install photo speed violation monitoring systems
15 within no more than [one hundred forty] two hundred ninety school speed
16 zones within [the] such city at any one time and to operate such systems
17 within such zones (iii) when a school speed limit is in effect as
18 provided in paragraphs one and two of subdivision (c) of section eleven
19 hundred eighty of this article or (iv) when other speed limits are in
20 effect as provided in subdivision (b), (d), (f) or (g) of section eleven
21 hundred eighty of this article during the following times: (A) on school
22 days during school hours and one hour before and one hour after the
23 school day, and (B) a period during student activities at the school and
24 up to thirty minutes immediately before and up to thirty minutes imme-
25 diately after such student activities. In selecting a school speed zone
26 in which to install and operate a photo speed violation monitoring
27 system, the city of New York shall consider criteria including, but not
28 limited to, the speed data, crash history, and the roadway geometry
29 applicable to such school speed zone. Such city shall prioritize the
30 placement of photo speed violation monitoring systems in school speed
31 zones based upon speed data or the crash history of a school speed zone.
32 A photo speed violation monitoring system shall not be installed or
33 operated on a controlled-access highway exit ramp or within three
34 hundred feet along a highway that continues from the end of a cont-
35 rolled-access highway exit ramp.
36 § 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
37 and traffic law, as added by chapter 189 of the laws of 2013, is amended
38 to read as follows:
39 2. No photo speed violation monitoring system shall be used in a
40 school speed zone unless (i) on the day it is to be used it has success-
41 fully passed a self-test of its functions; and (ii) it has undergone an
42 annual calibration check performed pursuant to paragraph four of this
43 subdivision. The city [may] shall install signs giving notice that a
44 photo speed violation monitoring system is in use to be mounted on
45 advance warning signs notifying approaching motor vehicle operators of
46 such upcoming school speed zone and/or on speed limit signs applicable
47 within such school speed zone, in conformance with standards established
48 in the MUTCD. Such advance warning signs shall also, to the extent
49 authorized by the MUTCD, contain the words "speed camera ahead" and be
50 no more than three hundred feet from such photo speed violation monitor-
51 ing system.
52 § 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
53 and traffic law, as added by chapter 189 of the laws of 2013, is amended
54 to read as follows:
A. 7798--C 3
1 4. "school speed zone" shall mean a radial distance not to exceed one
2 thousand three hundred twenty feet [on a highway passing] from a school
3 building, entrance, or exit [of a school abutting on the highway].
4 § 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
5 as added by chapter 189 of the laws of 2013, is amended to read as
6 follows:
7 (n) If the city adopts a demonstration program pursuant to subdivision
8 [one] (a) of this section it shall conduct a study and submit [a] an
9 annual report on the results of the use of photo devices to the gover-
10 nor, the temporary president of the senate and the speaker of the assem-
11 bly on or before June first, two thousand nineteen and on the same date
12 in each succeeding year in which the demonstration program is operable.
13 Such report shall include:
14 1. the locations where and dates when photo speed violation monitoring
15 systems were used;
16 2. the aggregate number, type and severity of crashes, fatalities,
17 injuries and property damage reported within all school speed zones
18 within the city, to the extent the information is maintained by the
19 department of motor vehicles of this state;
20 3. the aggregate number, type and severity of crashes, fatalities,
21 injuries and property damage reported within school speed zones where
22 photo speed violation monitoring systems were used, to the extent the
23 information is maintained by the department of motor vehicles of this
24 state;
25 4. the number of violations recorded within all school speed zones
26 within the city, in the aggregate on a daily, weekly and monthly basis;
27 5. the number of violations recorded within each school speed zone
28 where a photo speed violation monitoring system is used, in the aggre-
29 gate on a daily, weekly and monthly basis;
30 6. the number of violations recorded within all school speed zones
31 within the city that were:
32 (i) more than ten but not more than twenty miles per hour over the
33 posted speed limit;
34 (ii) more than twenty but not more than thirty miles per hour over the
35 posted speed limit;
36 (iii) more than thirty but not more than forty miles per hour over the
37 posted speed limit; and
38 (iv) more than forty miles per hour over the posted speed limit;
39 7. the number of violations recorded within each school speed zone
40 where a photo speed violation monitoring system is used that were:
41 (i) more than ten but not more than twenty miles per hour over the
42 posted speed limit;
43 (ii) more than twenty but not more than thirty miles per hour over the
44 posted speed limit;
45 (iii) more than thirty but not more than forty miles per hour over the
46 posted speed limit; and
47 (iv) more than forty miles per hour over the posted speed limit;
48 8. the total number of notices of liability issued for violations
49 recorded by such systems;
50 9. the number of fines and total amount of fines paid after the first
51 notice of liability issued for violations recorded by such systems;
52 10. the number of violations adjudicated and the results of such adju-
53 dications including breakdowns of dispositions made for violations
54 recorded by such systems;
55 11. the total amount of revenue realized by the city in connection
56 with the program;
A. 7798--C 4
1 12. the expenses incurred by the city in connection with the program;
2 [and]
3 13. the quality of the adjudication process and its results; and
4 14. the effectiveness and adequacy of the hours of operation for such
5 program to determine the impact on speeding violations and prevention of
6 crashes.
7 § 5. The opening paragraph of section 12 of chapter 43 of the laws of
8 2014, amending the vehicle and traffic law, the public officers law and
9 the general municipal law relating to photo speed violation monitoring
10 systems in school speed zones in the city of New York, 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]; provided that sections one through ten of this act
14 shall expire 4 years after such effective date when upon such date the
15 provisions of such sections of this act shall be deemed repealed; and
16 provided further that any rules necessary for the implementation of this
17 act on its effective date shall be promulgated on or before such effec-
18 tive date, provided that:
19 § 6. The opening paragraph of section 15 of chapter 189 of the laws of
20 2013, amending the vehicle and traffic law and the public officers law
21 relating to establishing in a city with a population of one million or
22 more a demonstration program implementing speed violation monitoring
23 systems in school speed zones by means of photo devices, is amended to
24 read as follows:
25 This act shall take effect on the thirtieth day after it shall have
26 become a law and shall expire [5 years after such effective date when
27 upon such date the provisions of this act shall] and be deemed repealed
28 July 1, 2022; and provided further that any rules necessary for the
29 implementation of this act on its effective date shall be promulgated on
30 or before such effective date, provided that:
31 § 7. Photo speed violation monitoring systems within the additional
32 150 school speed zones authorized for the city of New York by paragraph
33 1 of subdivision (a) of section 1180-b of the vehicle and traffic law,
34 as amended by section one of this act, shall be authorized to be
35 installed over the 3 year period following the effective date of this
36 act as follows:
37 (a) in no more than 50 school speed zones during the first such year;
38 (b) in no more than 50 additional school speed zones during the second
39 such year; and
40 (c) in no more than 50 additional school speed zones during the third
41 such year.
42 § 8. This act shall take effect immediately; provided that the amend-
43 ments to section 1180-b of the vehicle and traffic law made by sections
44 one, two, three and four of this act shall not affect the repeal of such
45 section and shall be deemed repealed therewith; and provided further
46 that the amendments to paragraph 2 of subdivision (a) of section 1180-b
47 of the vehicle and traffic law made by section two of this act shall
48 take effect on the ninetieth day after this act shall have become a law.
