Bill Text: NY A02299 | 2025-2026 | General Assembly | Introduced


Bill Title: Requires the installation of intelligent speed assistance devices if a driver accumulates eleven or more points on their driving record during an eighteen month period, or receives 6 speed camera or red light camera tickets during a twelve month period.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2025-01-16 - referred to transportation [A02299 Detail]

Download: New_York-2025-A02299-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2299

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 16, 2025
                                       ___________

        Introduced  by  M.  of  A.  GALLAGHER, SEAWRIGHT, HEVESI, SIMONE, SIMON,
          GONZALEZ-ROJAS, SHIMSKY, TAPIA, RAGA, KELLES, R. CARROLL, SHRESTHA  --
          read once and referred to the Committee on Transportation

        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          the installation of intelligent speed assistance devices for  repeated
          violation of maximum speed limits

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

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 119-c to read as follows:
     3    §  119-c. Intelligent speed assistance device. A device, also referred
     4  to as a "speed limiter", which is  installed  in  a  motor  vehicle  and
     5  utilizes  technology  to  cap the speed of a motor vehicle at five miles
     6  per hour more than the speed limit in a specific  zone.  The  technology
     7  shall  allow for slight acceleration past the speed limit, if necessary,
     8  based on traffic conditions.
     9    § 2. Subdivision (h) of section 1180 of the vehicle and traffic law is
    10  amended by adding a new paragraph 6 to read as follows:
    11    6. (i) Upon a conviction for a violation of subdivision (b), (c), (d),
    12  (f) or (g) of this section which results in an accumulation of eleven or
    13  more points on the driving record of  any  person  for  violations  that
    14  occurred during the preceding eighteen month period, the court shall, in
    15  addition  to  any  other  fines,  imprisonment, conditional discharge or
    16  license suspension or revocation, mandate that the person have installed
    17  an intelligent speed assistance device, otherwise known as a speed limi-
    18  ter, in any motor vehicle owned or operated by such person for a minimum
    19  period of twelve months or for any period of license suspension or revo-
    20  cation, whichever is later.
    21    (ii) Where a person who has accumulated eleven points on their driving
    22  record in the preceding eighteen month period does not appear in  court,
    23  the  commissioner  shall  send  a  written  notice  that  such person is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05518-01-5

        A. 2299                             2

     1  required to install a speed limiter on any  motor  vehicle  operated  by
     2  such  person until the end of their license suspension or revocation, or
     3  conditional discharge or for a minimum of  twelve  months  whichever  is
     4  longer.  The  person shall provide proof of installation within ten days
     5  of receiving the notice. If the person fails to provide  such  proof  of
     6  installation,  the  commissioner  shall suspend their license, modify an
     7  existing order of suspension or direct the permanent revocation  of  the
     8  license of a person with a previously revoked license.
     9    (iii)  Upon  the finding of owner liability for failure of an operator
    10  to comply with certain posted maximum speed limits through a photo speed
    11  violation monitoring system, where such person has received six or  more
    12  notices  of  liability; or the finding of owner liability for failure of
    13  an operator to comply with traffic-control indications through use of  a
    14  traffic-control  signal  photo  violation-monitoring  device, where such
    15  person has received six or more notices of liability, during the preced-
    16  ing twelve month period, the court  shall,  in  addition  to  any  other
    17  fines,  imprisonment,  conditional  discharge  or  license suspension or
    18  revocation, mandate that the person have installed an intelligent  speed
    19  assistance  device,  otherwise  known  as  a speed limiter, in any motor
    20  vehicle owned or operated by such person for a minimum period of  twelve
    21  months  or for any period of license suspension or revocation, whichever
    22  is later.
    23    (iv) A person who is required to install a speed  limiter  under  this
    24  paragraph  shall  also be required to demonstrate safe driving practices
    25  to the satisfaction of the commissioner prior to  the  removal  of  such
    26  device.    The  court,  at  the  recommendation of the commissioner, may
    27  extend the required speed limiter period for up to an  additional  thir-
    28  ty-six months for failure to demonstrate safe driving practices pursuant
    29  to  an  evaluation  designed  by  the  commissioner. This evaluation may
    30  include a written driving test or a road test that  evaluates  knowledge
    31  of  and  ability  to execute safe driving practices as well as consider-
    32  ation of a driver's record during the period of speed limiter  installa-
    33  tion,  including  accrual of traffic violations and notices of liability
    34  from traffic-control signal photo violation-monitoring devices or  photo
    35  speed  violation monitoring systems. Other subjective factors may not be
    36  considered in the design of the evaluation by the commissioner or  deci-
    37  sion by the court.
    38    (v)  The  cost  of installing and maintaining a speed limiter shall be
    39  borne by the person subject to such condition unless  the  court  deter-
    40  mines  such  person  is financially unable to afford such cost whereupon
    41  such cost may be imposed pursuant to a payment plan or  waived.  At  the
    42  end  of the required installation period a speed limiter device shall be
    43  returned to the department.
    44    (vi) The commissioner shall create  a  list  of  approved  intelligent
    45  speed assistance devices or speed limiters.
    46    (vii)  Where  a  person  who  is ordered by a court to install a speed
    47  limiter is not the owner of the motor vehicle they  operate  they  shall
    48  get  a  notarized  statement  from  the  vehicle's  owner confirming the
    49  installation.  If an individual owns or operates  multiple  motor  vehi-
    50  cles,  they shall install a speed limiter in each one. The provisions of
    51  this paragraph shall not apply to any authorized emergency vehicle.
    52    (viii) Proof of installation of a speed limiter  required  under  this
    53  paragraph  shall occur within ten days of the court order. Within thirty
    54  days after the initial installation the device shall be inspected by the
    55  department to ensure the device is properly  calibrated  and  installed.

        A. 2299                             3

     1  The device shall subsequently be inspected every sixty days to determine
     2  continued compliance.
     3    (ix) A violation of any provision of this paragraph, or a finding that
     4  any  person  has assisted a driver to violate this paragraph, shall be a
     5  class A misdemeanor punishable by up to one year in jail and the revoca-
     6  tion of any conditional discharge.
     7    (x) (A) The commissioner  shall  submit  a  report  every  twenty-four
     8  months  to  the governor and the legislature with the following informa-
     9  tion about the speed limiter program under this paragraph:
    10    (1) Number of individuals actively required  to  have  speed  limiters
    11  installed in motor vehicles they own or operate.
    12    (2)   Number  of  motor  vehicles  required  to  have  speed  limiters
    13  installed.
    14    (3) Number of fee  waivers  approved  to  waive  the  entire  fee  for
    15  installing a speed limiter.
    16    (4)  Number of individuals put on a payment plan for their speed limi-
    17  ter.
    18    (5) Number of speeding tickets issued to individuals with speed  limi-
    19  ters installed.
    20    (6)  Number  of other traffic law infractions committed by individuals
    21  with speed limiters installed, organized by category or type of  traffic
    22  violation.
    23    (7)  Number  of  reported  accidents  involving individuals with speed
    24  limiters installed.
    25    (8) Number of  known  individuals  who  have  not  complied  with  the
    26  provisions  of  this  paragraph,  separated  by  three  categories:  not
    27  initially installing a device as required, removing the device before  a
    28  follow-up  inspection,  and being cited for not having a device properly
    29  installed during a traffic stop.
    30    (B) Such report shall also be made publicly available on  the  depart-
    31  ment of transportation and department of motor vehicles websites.
    32    §  3.  This  act  shall take effect on the sixtieth day after it shall
    33  have become a law; provided, however, that subparagraph (iii)  of  para-
    34  graph  6  of  subdivision (h) of section 1180 of the vehicle and traffic
    35  law, as added by section two of this act, shall  take  effect  one  year
    36  after such effective date.
feedback