What's happening
This bill removes time restrictions on photo speed cameras in New York City school zones and makes the demonstration program permanent.
Why it matters
Expanding Enforcement Coverage. By removing time-of-day restrictions, speed cameras in school zones can now operate at all hours, not just during school hours or student activities. This means drivers may be held accountable for speeding near schools at any time, not just when children are likely to be present.
Permanent Safety Measure. Making the photo speed violation monitoring program permanent signals a long-term commitment to automated traffic enforcement in school zones, potentially leading to sustained improvements in pedestrian safety and reductions in speed-related crashes.
Potential for Increased Penalties. With cameras active around the clock, there may be a significant increase in the number of tickets issued, which could deter speeding but also raise concerns about fairness and revenue generation from automated enforcement.
Broader Impact on Community Traffic Patterns. The continual presence of cameras may encourage drivers to reduce their speed not only during school-related times but at all hours, potentially benefitting overall neighborhood safety and changing driver behavior citywide.
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Who cares
Headline styles
Allow School Speed Cameras Anytime
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
358
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to eliminating the time of day restrictions on the use of photo speed violation monitoring systems in school zones in the city of New York; 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 eliminating the expiration and repeal of the provisions thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, is amended to read as follows:
1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00140-01-7
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more than one hundred forty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone.
§ 2. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows:
1. Notwithstanding any other provision of law, the city of New York is hereby authorized to establish a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with posted maximum speed limits in a school speed zone within the city (i) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (ii) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. Such demonstration program shall empower the city to install photo speed violation monitoring systems within no more than twenty school speed zones within the city at any one time and to operate such systems within such zones (iii) when a school speed limit is in effect as provided in paragraphs one and two of subdivision (c) of section eleven hundred eighty of this article or (iv) when other speed limits are in effect as provided in subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article [during the following times: (A) on school days during school hours and one hour before and one hour after the school day, and (B) a period during student activities at the school and up to thirty minutes immediately before and up to thirty minutes immediately after such student activities]. In selecting a school speed zone in which to install and operate a photo speed violation monitoring system, the city shall consider criteria including, but not limited to the speed data, crash history, and the roadway geometry applicable to such school speed zone.
§ 3. Subdivision (b) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows:
(b) If the city of New York establishes a demonstration program pursuant to subdivision (a) of this section, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section if such vehicle was used or operated with the permission of the owner, express or implied, within a school speed zone in violation of subdivision (c) [or during the times authorized pursuant to subdivision (a)] of this section in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this article, such vehicle was traveling at a speed of
S. 358 3
more than ten miles per hour above the posted speed limit in effect within such school speed zone, and such violation is evidenced by information obtained from a photo speed violation monitoring system; provided however that no owner of a vehicle shall be liable for a penalty imposed pursuant to this section where the operator of such vehicle has been convicted of the underlying violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article.
§ 4. The opening paragraph of section 15 of 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 is amended to read as follows:
§ 15. This act shall take effect on the thirtieth day after it shall have become a law [and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed]; [and] provided [further] that any rules necessary for the implementation of this act on its effective date shall be promulgated on or before such effective date, provided further that:
§ 5. This act shall take effect immediately, except that sections one and three of this act shall take effect on the thirtieth day after it shall have become a law; provided that the amendments to paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, made by section one of this act, shall not affect the expiration and reversion of such paragraph pursuant to section 12 of chapter 43 of the laws of 2014, as amended, when upon such date section two of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to eliminating the time of day restrictions on the use of photo speed violation monitoring systems in school zones in the city of New York; 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 eliminating the expiration and repeal of the provisions thereof
Purpose
Eliminates the time of day limitations on the use of photo speed violation monitoring systems in school zones in the city of New York
Summary of provisions
Sections 1, 2 and 3 amend Paragraph 1 of Subdivision (a) of Section 1180-b of the Vehicle and Traffic Law by removing temporal restrictions upon when enforcement speed cameras may be operated within a school zone in the City of New York.
Section 4 sets forth the effective date of the law.
Justification
In 2013, the Legislature approved a limited demonstration program to be orchestrated by the City of New York, through which the New York City Department of Transportation was authorized to install photo speed monitoring enforcement systems (e.g., "speed cameras") within some of the City's reduced speed school zones. However, this program was limited to 140 cameras Citywide. Further, temporal restrictions were placed on the operation of these cameras, limiting their use to periods during school hours, as well as an hour before and after the commencement of the school day, as well as during a period of student activities at a school, as well as a half hour before and after this activity period.
In its short history, this program has proven to be a success. Media reports indicate that as the New York City Department of Transportation installed speed cameras at particular intersections, the rate of speeding at some locations has dropped more than sixty percent. There is no question that speeding is the determining factor in a large number of the traffic fatalities facing New York City annually, including hit-and-run incidents. Further, accidents occur constantly at dangerous intersections, and this reality does not discriminate between schoolchildren and other pedestrians. Though the financial cost of speed cameras to drivers could be high, the cost involved with a persistent loss of life is a greater one. It is sensible public policy to reduce traffic injuries and fatalities through the expanded operation of speed cameras in New York City school zones.
Prior legislative history
2015-2016-S6913
Fiscal impact
TBD.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law; provided that the amendments to paragraph 1 of subdivision (a) of section 1180-b of the vehicle and traffic law, made by section one of this act, shall not affect the expiration and reversion of such paragraph pursuant to section 12 of chapter 43 of the laws of 2014, as amended, when such date section two of this act shall take effect; and provided, further, that the amendments to section 1180-b of the vehicle and traffic law made by this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith.
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