S 8882: Authorizes the use of photo speed violation monitoring systems in highway construction or maintenance work areas on all highways in the state.

  
  STATE OF NEW YORK ________________________________________________________________________ 8882  IN SENATE January 13, 2026 ___________ Introduced by Sen. COONEY -- 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 permitting the use of photo speed violation monitoring systems in highway construction or maintenance work areas on all state highways 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 amended by section 1 of part Q of chapter 58 3 of the laws of 2025, is 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 forty highway construction or maintenance work areas 18 [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, 27 shall determine the location of the highway construction or maintenance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14368-01-6 
 S. 8882 2 1 work areas [located on a controlled-access highway] in which to install 2 and operate photo speed violation monitoring systems. In selecting a 3 highway construction or maintenance work area in which to install and 4 operate a photo speed violation monitoring system, the commissioner 5 shall consider criteria including, but not limited to, the speed data, 6 crash history, and roadway geometry applicable to such highway 7 construction or maintenance work area. A photo speed violation monitor- 8 ing system shall not be installed or operated on a controlled-access 9 highway exit ramp. 10 § 2. Subdivision (b) of section 1180-e of the vehicle and traffic law, 11 as amended by section 2 of part Q of chapter 58 of the laws of 2025, is 12 amended to read as follows: 13 (b) If the commissioner or chair of the thruway authority, Triborough 14 bridge and tunnel authority, or bridge authority establishes a demon- 15 stration program pursuant to subdivision (a) of this section, the owner 16 of a vehicle shall be liable for a penalty imposed pursuant to this 17 section if such vehicle was used or operated with the permission of the 18 owner, express or implied, within a highway construction or maintenance 19 work area located on a [controlled-access] highway, the thruway, Tribor- 20 ough bridge and tunnel authority facilities or bridge authority facili- 21 ties, as applicable in violation of paragraph two of subdivision (d) or 22 subdivision (f), or when other speed limits are in effect in violation 23 of subdivision (b) or (g) or paragraph one of subdivision (d), of 24 section eleven hundred eighty of this article, such vehicle was travel- 25 ing at a speed of more than ten miles per hour above the posted speed 26 limit in effect within such highway construction or maintenance work 27 area, and such violation is evidenced by information obtained from a 28 photo speed violation monitoring system; provided however that no owner 29 of a vehicle shall be liable for a penalty imposed pursuant to this 30 section where the operator of such vehicle has been convicted of the 31 underlying violation of subdivision (b), (d), (f) or (g) of section 32 eleven hundred eighty of this article. 33 § 3. Paragraph 9 of subdivision (c) of section 1180-e of the vehicle 34 and traffic law, as amended by section 2 of part Q of chapter 58 of the 35 laws of 2025, is amended to read as follows: 36 9. "photo speed violation monitoring system" shall mean a vehicle 37 sensor installed to work in conjunction with a speed measuring device 38 which automatically produces two or more photographs, two or more micro- 39 photographs, a videotape or other recorded images of each vehicle at the 40 time it is used or operated in a highway construction or maintenance 41 work area located on a [controlled-access] highway, the thruway, Tribor- 42 ough bridge and tunnel authority facility or bridge authority facility 43 in violation of subdivision (b), (d), (f) or (g) of section eleven 44 hundred eighty of this article in accordance with the provisions of this 45 section; 46 § 4. Paragraphs 2, 4 and 6 of subdivision (m) of section 1180-e of the 47 vehicle and traffic law, as amended by section 2 of part Q of chapter 58 48 of the laws of 2025, are amended to read as follows: 49 2. the aggregate number, type and severity of crashes, fatalities, 50 injuries and property damage reported within all highway construction or 51 maintenance work areas on [controlled-access] highways, the thruway, 52 Triborough bridge and tunnel authority facilities or bridge authority 53 facilities, as applicable, to the extent the information is maintained 54 by the commissioner, the chair of the thruway authority, Triborough 55 bridge and tunnel authority, or bridge authority, or the department of 56 motor vehicles of this state; 
 S. 8882 3 1 4. the number of violations recorded within all highway construction 2 or maintenance work areas on [controlled-access] highways, the thruway, 3 Triborough bridge and tunnel authority facilities or bridge authority 4 facilities, in the aggregate on a daily, weekly and monthly basis to the 5 extent the information is maintained by the commissioner, the chair of 6 the thruway authority, Triborough bridge and tunnel authority, or bridge 7 authority, or the department of motor vehicles of this state; 8 6. to the extent the information is maintained by the commissioner, 9 the chair of the thruway authority, Triborough bridge and tunnel author- 10 ity, or bridge authority, or the department of motor vehicles of this 11 state, the number of violations recorded within all highway construction 12 or maintenance work areas on [controlled-access] highways, the thruway, 13 Triborough bridge and tunnel authority facilities or bridge authority 14 facilities, that were: 15 (i) more than ten but not more than twenty miles per hour over the 16 posted speed limit; 17 (ii) more than twenty but not more than thirty miles per hour over the 18 posted speed limit; 19 (iii) more than thirty but not more than forty miles per hour over the 20 posted speed limit; and 21 (iv) more than forty miles per hour over the posted speed limit; 22 § 5. This act shall take effect immediately; provided, however, that 23 the amendments to section 1180-e of the vehicle and traffic law made by 24 sections one, two, three and four of this act shall not affect the 25 repeal of such section and shall be deemed repealed therewith.