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A09283 Summary:

BILL NOA09283
 
SAME ASNo Same As
 
SPONSORSlater
 
COSPNSR
 
MLTSPNSR
 
Amd 1180-e, V & T L; amd 371-a, Gen Muni L
 
Authorizes all municipalities within the state of New York 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 Actions:

BILL NOA09283
 
02/23/2024referred to transportation
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A09283 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9283
 
SPONSOR: Slater
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to owner liability for failure of operator to comply with certain posted maximum speed limits; and to amend the general municipal law, in relation to making technical corrections   PURPOSE OR GENERAL IDEA OF BILL: Allows municipalities to install temporary speed cameras in work zones   SUMMARY OF PROVISIONS: Makes the necessary changes to the vehicle and traffic law as added by chapter 421 of the laws of 2021 in order to expand the existing highway work zone speed camera program to all municipal roadways in the state. Adds subsection b, which provides that counties, cities, towns, and villages may install and operate photo speed violation monitoring systems within work zones.   JUSTIFICATION: Our road work zones are dangerous areas for those working to repair the roads. loo often people speed through these areas and it is the road workers that are the ones being put in danger when someone speeds through a work zone. It is impossible to station a police officer in every work zone across the state. Therefore, it is imperative that we allow municipalities to install temporary speed cameras in these areas in order to discourage dangerous driving habits so that we may better protect our road workers.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Increased revenue   EFFECTIVE DATE: Ninety days after it shall have become law
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A09283 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9283
 
                   IN ASSEMBLY
 
                                    February 23, 2024
                                       ___________
 
        Introduced by M. of A. SLATER -- read once and referred to the Committee
          on Transportation
 
        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; 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.  Paragraph  1  of subdivision (a) of section 1180-e of the
     2  vehicle and traffic law, as added by chapter 421 of the laws of 2021, is
     3  amended to read as follows:
     4    1. (a) Notwithstanding any other provision of law, the commissioner of
     5  transportation is hereby authorized to establish a demonstration program
     6  imposing monetary liability on the owner of a vehicle for failure of  an
     7  operator thereof to comply with posted maximum speed limits in a highway
     8  construction  or  maintenance  work  area located on a controlled-access
     9  highway (i) when highway construction or maintenance work  is  occurring
    10  and a work area speed limit is in effect as provided in paragraph two of
    11  subdivision  (d)  or subdivision (f) of section eleven hundred eighty of
    12  this article or (ii) when highway construction or  maintenance  work  is
    13  occurring  and  other speed limits are in effect as provided in subdivi-
    14  sion (b) or (g) or paragraph one of subdivision (d)  of  section  eleven
    15  hundred eighty of this article. Such demonstration program shall empower
    16  the  commissioner  to  install  photo speed violation monitoring systems
    17  within no more than twenty  highway  construction  or  maintenance  work
    18  areas  located on controlled-access highways and to operate such systems
    19  within such work areas (iii) when highway  construction  or  maintenance
    20  work  is  occurring and a work area speed limit is in effect as provided
    21  in paragraph two of subdivision (d) or subdivision (f) of section eleven
    22  hundred eighty of this article or  (iv)  when  highway  construction  or
    23  maintenance  work  is  occurring and other speed limits are in effect as
    24  provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
    25  of  section  eleven hundred eighty of this article. The commissioner, in
    26  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.
                                                                   LBD10952-03-3

        A. 9283                             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) Counties, cities, towns and villages, with respect to highways in
    12  such counties, cities, towns and villages, but not including state high-
    13  ways  maintained  by  the  state,  may  install  and operate photo speed
    14  violation monitoring systems: (i) when highway construction  or  mainte-
    15  nance  work  is  occurring  and  a work area speed limit is in effect as
    16  provided in paragraph two of  subdivision  (d)  or  subdivision  (f)  of
    17  section  eleven  hundred  eighty  of  this article; or (ii) when highway
    18  construction or maintenance work is occurring and other speed limits are
    19  in effect as provided in subdivision (g) or paragraph one of subdivision
    20  (d) of section eleven hundred eighty of this article.
    21    § 2. 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    § 3. 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 one of this act shall not affect
    56  the repeal of such section and shall be deemed repealed therewith.
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