What's happening
This bill authorizes Buffalo to implement a five-year demonstration program using speed cameras in school zones to issue fines for speeding violations.
Why it matters
Potential for increased school zone safety. By enabling Buffalo to use automated speed enforcement in school zones, the bill aims to reduce speeding during key times when children are present, potentially decreasing crashes, injuries, and fatalities around schools.
Limited scope and significant privacy protections. The program is capped at 20 school zones at a time and includes requirements for signage, camera calibration, operator training, and strict rules on data retention and access. Images that identify drivers or passengers are to be avoided and destroyed after case resolution, and use for non-traffic enforcement purposes is heavily restricted.
Owner, not operator, liability—with defenses. Vehicle owners are liable for violations caught by cameras, even if they weren’t driving, but there are defenses (e.g., stolen vehicle, lack of consent). Operators can also be pursued for indemnification, and violations do not affect insurance rates or driving records.
Transparency and evaluation requirements. Buffalo must report annually on the program’s effectiveness, including violation and crash data, revenue, expenses, and adjudication outcomes. This is designed to assess the program’s impact on safety and inform possible future policy decisions.
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Who cares
Headline styles
Buffalo School Zone Speed Cameras
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A951
- Advanced to third reading
- 2nd report cal.
- 1st report cal.47
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Buffalo School Zone Speed Cameras
Signed by Governor · Sponsor Crystal Peoples-Stokes
Full text
51 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
231
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- 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 and the public officers law, in relation to establishing in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 1 of chapter 222 of the laws of 2015, is amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, twenty-one, and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04570-01-9
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collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such section, or to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-a. Section 235 of the vehicle and traffic law, as amended by section 1-a of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, twenty-one, and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eightyfive of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-b. Section 235 of the vehicle and traffic law, as amended by section 1-b of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an
S. 231 3
administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, twenty-one, and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-c. Section 235 of the vehicle and traffic law, as amended by section 1-c of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eightyfive of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
S. 231 4
§ 1-d. Section 235 of the vehicle and traffic law, as amended by section 1-d of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eightyfive of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners for violations of subdivisions (c) and (d) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-e. Section 235 of the vehicle and traffic law, as amended by section 1-e of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eightyfive of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections.
§ 1-f. Section 235 of the vehicle and traffic law, as amended by section 1-f of chapter 222 of the laws of 2015, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an
S. 231 5
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 and the public officers law, in relation to establishing in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices; and providing for the repeal of such provisions upon expiration thereof
Summary of specific provisions
Section 1 and its subsections amend multiple parts of section 235 of the vehicle and traffic law to include the ability to adjudicate the liabil- ity of owners for violations of section eleven hundred eighty of this chapter in accordance with said chapter.
Section 2 and its subsections amend multiple parts of section 236 of the vehicle and traffic law to include the ability to adjudicate the liabil- ity of owners for violations of section eleven hundred eighty of this chapter in accordance with said chapter.
Read the full memo (1,052 words)
Section 3 amends section 237 of the vehicle and traffic law to include the ability to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with said chapter.
Section 4 and its subsections amend paragraph f of subdivision 1 of section 239 of the vehicle and traffic law to state that a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter shall not be included in the definition of "notice of violation".
Section 5 and its subsections amend subdivisions 1 and 1-a of section 240 of the vehicle and traffic law to reference allegations of liability in accordance with section eleven hundred eighty-d of this chapter.
Section 6 and its subsections amends paragraphs a and g of section 240 of the vehicle and traffic law to reference allegations of liability in accordance with section eleven hundred eighty-d of this chapter.
Section 7 and its subsections amend subdivisions 1 and 2 of section 241 of the vehicle and traffic law to reference allegations of liability in accordance with section eleven hundred eighty-d of this chapter.
Section 8 amends the vehicle and traffic law to include section 1180-d, titled "owner liability for failure of operator to comply with certain posted maximum speed limits". This authorizes the City of Buffalo to establish a demonstration program imposing monetary liability on the owners of motor vehicles found to be in violation of the maximum school speed limit in Buffalo through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that data by photographic, micro-graphic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit. Buffalo will be authorized to operate cameras in no more than twenty school zones at any one time during any year of the program. Such speed limit photo devices
may be stationary or mobile and shall be activated at locations selected by such city.
Section 9 and its subsections amend sections of subdivision 1 of section 1809 of the vehicle and traffic law to reference an adjudication of liability of an owner in accordance with section eleven hundred eighty-d of this chapter.
Section 10 and its subsections amend paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law to exempt an adjudication of liability of an owner in accordance with section eleven hundred eighty-d of this chapter in multiple places.
Section 11 and its subsections amend sections of subdivision 5-a of section 401 of the vehicle and traffic law to reference liability of the registrant in accordance with section eleven hundred eighty-d of this chapter.
Section 12 and its subsections amend subdivision 2 of section 87 of the public officers law to include photographs, microphotographs, videotape, or other recorded images prepared under the authority section eleven hundred eighty-d of vehicle and traffic law as acceptable evidence.
Section 13 states that the purchase or lease of equipment for a demon- stration program shall be subject to the provisions of section 103 of the general municipal law.
Section 14 is the enacting clause.
Justification
Speeding motorists are a pervasive problem in some areas of the City of Buffalo. Speed violations are often a significant factor in accidents, which may result in death or injury to motorists and pedestrians. Speed- ing motorists are especially an issue in school zones, where children and families are vulnerable to distracted, speeding drivers. According to Safe Kids Worldwide, in the United States there has been a 13% increase in the pedestrian death rate for 12-19 year olds since 2013.
Under the present provisions of law, a police officer must be present at the scene of a speeding violation to observe the violation and serve the operator of the vehicle with a summons. There are of course not a suffi- cient number of police officers to observe every speeding violation. In fact, a motorist can rely on the odds that a speeding violation will not be detected.
Therefore, the purpose of this legislation is to develop a system which will supplement the police effort by using recent technology to record speeding violations on film or other recording devices.
Technology presently exists which will photographically capture vehicles which exceed the maximum speed limit without the presence of a police officer. This technology combines speed sensing technology that deter- mines the speed of a vehicle and captures/records that data by photo- graphic, micrographic, video tape or other recording system and produces an image of a motor vehicle at 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 for the speeding violation. The enactment of this legislation will give the City of Buffalo a greater ability to enforce appropriate speeds through school zones, hopefully saving lives in the process.
Prior legislative history
2017-18: S.8746/A.10810
Fiscal implications
None to state.
Effective date
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 date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.