Establishes a speed camera demonstration program to enforce maximum speed limits in certain cities

Section 1180-b (1) establishes the demonstration program, permits the imposition of monetary fines, and requires the use of speed limit photo devices in no more than forty and no fewer than twenty locations at anyone time during any year of the demonstration program.

Section 1180-b (2) assigns liability to the owner of the vehicle and prevents double liability.

Section 1180-b (3) defines "owner" and "speed limit photo device."

Section 1180-b (4) establishes that a certificate, sworn to or affirmed by a technician, shall be prima facie evidence of the facts contained within the certificate.

Section 1180-b (5) establishes the fines for violations uncovered by speed limit photo device.

Section 1180-b (6) prevents liability-under this statute from being deemed a conviction as an operator, from being made part of their operator record and from being used for insurance purposes.

Section 1180-b (7) delineates how the notices of liability are to be sent and what they must contain.

Section 1180-b (8) creates an exception if a vehicle has been reported stolen.

Section 1180-b (9) exempts the lessor of a vehicle provided they follow specific procedural requirements and places the liability on the lessee.

Section 1180-b (10) allows an owner not in operation of the vehicle at the time of the violation to maintain an action for indemnification against the operator.

Section 1180-b (11) prevents this statute from limiting liability under other sections of the statute.

Section 1180-b (12) sets forth the reporting requirements.

Justification

In 2007 alone, speeding contributed to 3,000 motor vehicle crashes and 71 deaths in New York City including the deaths of 15 pedestrians and cyclists. Statewide, in the same year, speeding contributed to 31,074 motor vehicle crashes and 406 deaths. As this data clearly illustrates, speeding is a public health issue in New York City and New York State. Vulnerable road users, including pedestrians and cyclists, are especially affected by vehicle speeds. In the case of pedestrians, the likelihood of a crash resulting in a pedestrian fatality increases exponentially with speed; a pedestrian struck at 30 mph has a 60% chance of surviving, but the likelihood of survival drops to 30% when the vehicle is traveling at 40 mph.

At least one study has shown that 39% of drivers across the five boroughs of New York City were in excess of the 30 mph speed limit, with fatal speeds of 60 mph and higher in school zones and other high traffic pedestrian areas.

These high rates of speed-related crashes persist despite the fact that the New York City Police Department issues more than 118,000 summonses each year for speeding violations. Because current law requires a police officer to observe the violation and serve the operator with a summons, motorists rely on the odds that a speeding violation will not be detected. In other words, drivers continue to speed on city streets because there is little chance they will get caught.

Speed cameras are a low-cost and proven technology that effectively reduce drivers' speeds and support local police departments. These camera systems are now used in 48 U.S. communities, in 12 states and the District of Columbia. Studies have provided considerable documentation supporting the effectiveness of this technology. For example, a 2005 review of existing programs found crash reductions in the immediate vicinities of camera sites, ranging from 5 to 69 percent for all crashes, 12 to 65 percent for injury crashes, and 17 to 71 percent for fatal crashes.

This legislation will permit the development of a camera network to support existing police efforts by using recent technology to record speeding violations on film or other recording devices, similar to New York City's Red Light Camera Program. The technology combines speed-sensing technology that determines the speed of a vehicle and captures/records that date by photographic, micro-graphic, videotape or other recording system and produces an image of a motor vehicle the moment that it exceeds the speed limit. This image can then be used as evidence in a proceeding to impose liability on the owner of the vehicle.

Legislative history

A.7142 and S.3993 of 2008 and A.4273 and S.3430-B of 2005

Fiscal implications

None.

Effective date

Immediate.