A 4010: Increases the number of photo speed violation monitoring systems in a highway construction or maintenance work area; makes such provisions permanent.

  
  STATE OF NEW YORK ________________________________________________________________________ 4010 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing the number of photo speed violation monitoring systems in a highway construction or maintenance work area; and to amend chapter 421 of the laws of 2021 amending the vehicle and traffic law and the general municipal law relating to certain notices of liability, in relation to making such provisions permanent The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs 1 and 2 of subdivision (a) of section 1180-e of 2 the vehicle and traffic law, as amended by chapter 421 of the laws of 3 2021, are amended to read as follows: 4 1. 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] forty highway construction or maintenance 18 work areas located on controlled-access highways and to operate such 19 systems within such work areas (iii) when highway construction or main- 20 tenance work is occurring and a work area speed limit is in effect as 21 provided in paragraph two of subdivision (d) or subdivision (f) of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06973-01-5 
 A. 4010 2 1 section eleven hundred eighty of this article or (iv) when highway 2 construction or maintenance work is occurring and other speed limits are 3 in effect as provided in subdivision (b) or (g) or paragraph one of 4 subdivision (d) of section eleven hundred eighty of this article. The 5 commissioner, in consultation with the superintendent of the division of 6 state police, shall determine the location of the highway construction 7 or maintenance work areas located on a controlled-access highway in 8 which to install and operate photo speed violation monitoring systems. 9 In selecting a highway construction or maintenance work area in which to 10 install and operate a photo speed violation monitoring system, the 11 commissioner shall consider criteria including, but not limited to, the 12 speed data, crash history, and roadway geometry applicable to such high- 13 way construction or maintenance work area. A photo speed violation moni- 14 toring system shall not be installed or operated on a controlled-access 15 highway exit ramp. 16 2. Notwithstanding any other provision of law, after holding a public 17 hearing in accordance with the public officers law and subsequent 18 approval of the establishment of a demonstration program in accordance 19 with this section by a majority of the members of the entire board of 20 the thruway authority, the chair of the thruway authority is hereby 21 authorized to establish a demonstration program imposing monetary 22 liability on the owner of a vehicle for failure of an operator thereof 23 to comply with posted maximum speed limits in a highway construction or 24 maintenance work area located on the thruway (i) when highway 25 construction or maintenance work is occurring and a work area speed 26 limit is in effect as provided in paragraph two of subdivision (d) or 27 subdivision (f) of section eleven hundred eighty of this article or (ii) 28 when highway construction or maintenance work is occurring and other 29 speed limits are in effect as provided in subdivision (b) or (g) or 30 paragraph one of subdivision (d) of section eleven hundred eighty of 31 this article. Such demonstration program shall empower the chair to 32 install photo speed violation monitoring systems within no more than 33 [ten] twenty highway construction or maintenance work areas located on 34 the thruway and to operate such systems within such work areas (iii) 35 when highway construction or maintenance work is occurring and a work 36 area speed limit is in effect as provided in paragraph two of subdivi- 37 sion (d) or subdivision (f) of section eleven hundred eighty of this 38 article or (iv) when highway construction or maintenance work is occur- 39 ring and other speed limits are in effect as provided in subdivision (b) 40 or (g) or paragraph one of subdivision (d) of section eleven hundred 41 eighty of this article. The chair, in consultation with the superinten- 42 dent of the division of state police, shall determine the location of 43 the highway construction or maintenance work areas located on the thru- 44 way in which to install and operate photo speed violation monitoring 45 systems. In selecting a highway construction or maintenance work area in 46 which to install and operate a photo speed violation monitoring system, 47 the chair shall consider criteria including, but not limited to, the 48 speed data, crash history, and roadway geometry applicable to such high- 49 way construction or maintenance work area. A photo speed violation moni- 50 toring system shall not be installed or operated on a thruway exit ramp. 51 § 2. Section 16 of chapter 421 of the laws of 2021 amending the vehi- 52 cle and traffic law and the general municipal law relating to certain 53 notices of liability, is amended to read as follows: 54 § 16. This act shall take effect on the thirtieth day after it shall 55 have become a law; [provided, however, that sections twelve, thirteen, 56 fourteen and fifteen of this act shall expire and be deemed repealed 5 
 A. 4010 3 1 years after such effective date when upon such date the provisions of 2 such sections shall be deemed repealed;] provided that effective imme- 3 diately, the addition, amendment and/or repeal of any rule or regulation 4 necessary for the implementation of this act on its effective date are 5 authorized to be made and completed on or before such effective date[; 6 and provided further, that: 7 (a) the amendments to the opening paragraph and paragraph (c) of 8 subdivision 1 of section 1809 of the vehicle and traffic law made by 9 section eight of this act shall not affect the expiration of such 10 section and shall be deemed to expire therewith, when upon such date the 11 provisions of section eight-a of this act shall take effect; 12 (b) the amendments to the opening paragraph and paragraph (c) of 13 subdivision 1 of section 1809 of the vehicle and traffic law made by 14 section eight-a of this act shall not affect the expiration of such 15 section and shall be deemed to expire therewith, when upon such date the 16 provisions of section eight-b of this act shall take effect; 17 (c) the amendments to subdivision 1 of section 1809 of the vehicle and 18 traffic law made by section eight-b of this act shall not affect the 19 expiration of such section and shall be deemed to expire therewith, when 20 upon such date the provisions of section eight-c of this act shall take 21 effect; 22 (d) the amendments to subdivision 1 of section 1809 of the vehicle and 23 traffic law made by section eight-c of this act shall not affect the 24 expiration of such section and shall be deemed to expire therewith, when 25 upon such date the provisions of section eight-d of this act shall take 26 effect; 27 (e) the amendments to subdivision 1 of section 1809 of the vehicle and 28 traffic law made by section eight-d of this act shall not affect the 29 expiration of such section and shall be deemed to expire therewith, when 30 upon such date the provisions of section eight-e of this act shall take 31 effect; 32 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 33 traffic law made by section eight-e of this act shall not affect the 34 expiration of such section and shall be deemed to expire therewith, when 35 upon such date the provisions of section eight-f of this act shall take 36 effect; 37 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 38 traffic law made by section eight-f of this act shall not affect the 39 expiration of such section and shall be deemed to expire therewith, when 40 upon such date the provisions of section eight-g of this act shall take 41 effect; and 42 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 43 traffic law made by section eight-g of this act shall not affect the 44 expiration of such section and shall be deemed to expire therewith, when 45 upon such date the provisions of section eight-h of this act shall take 46 effect]. 47 § 3. This act shall take effect immediately.