Bill Text: NY A00579 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Enacts the "FURIOUS Act" authorizing the city of New York to operate photo speed violation monitoring systems at any time in a school speed zone which the city of New York has identified as an area of special concern for illegal street racing.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A00579 Detail]

Download: New_York-2021-A00579-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           579

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  ROZIC, DINOWITZ, DE LA ROSA -- read once and
          referred to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to enacting the
          "FURIOUS Act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This act shall be known and may be cited as the "Fighting
     2  Underground Racing In Our Streets Act" or "The FURIOUS Act."
     3    § 2. Paragraph 1 of subdivision (a) of section 1180-b of  the  vehicle
     4  and  traffic  law,  as  amended  by  chapter  30 of the laws of 2019, is
     5  amended and a new paragraph 1-a is added to read as follows:
     6    1. Notwithstanding any other provision of law, the city of New York is
     7  hereby authorized to establish a demonstration program imposing monetary
     8  liability on the owner of a vehicle for failure of an  operator  thereof
     9  to comply with posted maximum speed limits in a school speed zone within
    10  such  city  (i)  when  a  school speed limit is in effect as provided in
    11  paragraphs one and two of subdivision  (c)  of  section  eleven  hundred
    12  eighty  of this article or (ii) when other speed limits are in effect as
    13  provided in subdivision (b), (d), (f) or (g) of section  eleven  hundred
    14  eighty  of  this  article weekdays between the hours of six o'clock A.M.
    15  and ten o'clock P.M., except as otherwise provided in paragraph one-a of
    16  this subdivision. Such demonstration program shall empower the  city  of
    17  New  York  to install photo speed violation monitoring systems within no
    18  more than seven hundred fifty school speed zones within such city at any
    19  one time and to operate such systems within  such  zones  (iii)  when  a
    20  school speed limit is in effect as provided in paragraphs one and two of
    21  subdivision (c) of section eleven hundred eighty of this article or (iv)
    22  when  other  speed  limits are in effect as provided in subdivision (b),
    23  (d), (f) or (g) of section eleven hundred eighty of this  article  week-
    24  days  between the hours of six o'clock A.M. and ten o'clock P.M., except

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02342-01-1
        A. 579                              2

     1  as otherwise provided in paragraph one-a of this subdivision. In select-
     2  ing a school speed zone in which to install and operate  a  photo  speed
     3  violation  monitoring system, the city of New York shall consider crite-
     4  ria  including,  but  not limited to, the speed data, crash history, and
     5  the roadway geometry applicable to such school  speed  zone.  Such  city
     6  shall  prioritize  the  placement  of  photo  speed violation monitoring
     7  systems in school speed zones based upon speed data or the crash history
     8  of a school speed zone. A photo speed violation monitoring system  shall
     9  not be installed or operated on a controlled-access highway exit ramp or
    10  within three hundred feet along a highway that continues from the end of
    11  a controlled-access highway exit ramp.
    12    1-a.  Notwithstanding any other provision of law, the city of New York
    13  is hereby authorized to operate photo speed violation monitoring systems
    14  at any time in a school speed zone which the city of New York has  iden-
    15  tified  as  an  area  of special concern for illegal street racing based
    16  upon reports of the occurrence of speed contests and races, pursuant  to
    17  section  eleven  hundred  eighty-two of this article, within such school
    18  speed zone. The city of New York may only operate such systems  pursuant
    19  to  this  paragraph  upon a resolution in favor adopted by a majority of
    20  the members of the community board that represents the district in which
    21  such school speed zone is located, after such community board conducts a
    22  public hearing.
    23    § 3. Subdivision 1 of section 1182 of the vehicle and traffic law,  as
    24  amended  by  section  9  of part C of chapter 62 of the laws of 2003, is
    25  amended to read as follows:
    26    1. Except as provided in section eleven hundred eighty-two-a  of  this
    27  article  or  section  sixteen  hundred  thirty,  sixteen  hundred forty,
    28  sixteen hundred forty-two or sixteen hundred sixty of this  chapter,  no
    29  races,  exhibitions  or  contests  of  speed shall be held and no person
    30  shall engage in or aid or abet in  any  motor  vehicle  or  other  speed
    31  contest  or  exhibition of speed on a highway.  For the purposes of this
    32  section, a person shall be deemed to have held  a  race,  exhibition  or
    33  contest  of  speed  if such person, while operating a vehicle at a speed
    34  that exceeds a posted maximum speed limit, (a) engages in  conduct  with
    35  another  person  involving  a challenge coupled with a response in speed
    36  and relative position indicating acceptance of such  challenge,  regard-
    37  less  of  whether  such  person  or  persons  intended to engage in such
    38  conduct before initiating or accepting such challenge or  pre-planned  a
    39  course  or  distance  over which to engage in such conduct; or (b) races
    40  against a clock or other timing device. Such event, if  held,  shall  be
    41  fully  and efficiently patrolled for the entire distance over which such
    42  race, exhibition or contest for speed is to be held. Participants  in  a
    43  race,  exhibition  or contest of speed are exempted from compliance with
    44  any traffic  laws  otherwise  applicable  thereto,  but  shall  exercise
    45  reasonable  care.  A  violation of any of the provisions of this section
    46  shall constitute a misdemeanor and be punishable by imprisonment of  not
    47  more  than  thirty days or a fine of not less than three hundred dollars
    48  nor more than five hundred twenty-five dollars, or both  such  fine  and
    49  imprisonment.
    50    §  4.  This  act shall take effect on the thirtieth day after it shall
    51  have become a law, provided, however, that the amendments to paragraph 1
    52  of subdivision (a) of section 1180-b of the vehicle and traffic law made
    53  by section two of this act shall not affect the repeal of  such  section
    54  and shall be deemed repealed therewith.