Bill Text: NY A04010 | 2025-2026 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-30 - referred to transportation [A04010 Detail]

Download: New_York-2025-A04010-Introduced.html

---

                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.