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
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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
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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.