STATE OF NEW YORK ________________________________________________________________________ 3550 2025-2026 Regular Sessions IN SENATE January 28, 2025 ___________ Introduced by Sen. BORRELLO -- 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 requiring at least two photo speed violation monitoring systems in highway construction or maintenance work areas located on a controlled-access highway or on the thruway 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 added 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 16 [empower] require the commissioner to install at least two photo speed 17 violation monitoring systems within [no more than twenty] highway 18 construction or maintenance work areas located on controlled-access 19 highways and to operate such systems within such work areas (iii) when 20 highway construction or maintenance work is occurring and a work area 21 speed limit is in effect as provided in paragraph two of subdivision (d) 22 or subdivision (f) of section eleven hundred eighty of this article or 23 (iv) when highway construction or maintenance work is occurring and 24 other speed limits are in effect as provided in subdivision (b) or (g) 25 or paragraph one of subdivision (d) of section eleven hundred eighty of 26 this article. The commissioner, in consultation with the superintendent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08101-01-5
S. 3550 2 1 of the division of state police, shall determine the location of the 2 highway construction or maintenance work areas located on a controlled- 3 access highway in which to install and operate photo speed violation 4 monitoring systems. [In selecting a highway construction or maintenance 5 work area in which to install and operate a photo speed violation moni- 6 toring system, the commissioner shall consider criteria including, but 7 not limited to, the speed data, crash history, and roadway geometry 8 applicable to such highway construction or maintenance work area.] A 9 photo speed violation monitoring system shall not be installed or oper- 10 ated on a controlled-access highway exit ramp. 11 2. Notwithstanding any other provision of law, after holding a public 12 hearing in accordance with the public officers law and subsequent 13 approval of the establishment of a demonstration program in accordance 14 with this section by a majority of the members of the entire board of 15 the thruway authority, the chair of the thruway authority is hereby 16 authorized to establish a demonstration program imposing monetary 17 liability on the owner of a vehicle for failure of an operator thereof 18 to comply with posted maximum speed limits in a highway construction or 19 maintenance work area located on the thruway (i) when highway 20 construction or maintenance work is occurring and a work area speed 21 limit is in effect as provided in paragraph two of subdivision (d) or 22 subdivision (f) of section eleven hundred eighty of this article or (ii) 23 when highway construction or maintenance work is occurring and other 24 speed limits are in effect as provided in subdivision (b) or (g) or 25 paragraph one of subdivision (d) of section eleven hundred eighty of 26 this article. Such demonstration program shall [empower] require the 27 chair to install at least two photo speed violation monitoring systems 28 within [no more than ten] highway construction or maintenance work areas 29 located on the thruway and to operate such systems within such work 30 areas (iii) when highway construction or maintenance work is occurring 31 and a work area speed limit is in effect as provided in paragraph two of 32 subdivision (d) or subdivision (f) of section eleven hundred eighty of 33 this article or (iv) when highway construction or maintenance work is 34 occurring and other speed limits are in effect as provided in subdivi- 35 sion (b) or (g) or paragraph one of subdivision (d) of section eleven 36 hundred eighty of this article. The chair, in consultation with the 37 superintendent of the division of state police, shall determine the 38 location of the highway construction or maintenance work areas located 39 on the thruway in which to install and operate photo speed violation 40 monitoring systems. [In selecting a highway construction or maintenance 41 work area in which to install and operate a photo speed violation moni- 42 toring system, the chair shall consider criteria including, but not 43 limited to, the speed data, crash history, and roadway geometry applica- 44 ble to such highway construction or maintenance work area.] A photo 45 speed violation monitoring system shall not be installed or operated on 46 a thruway exit ramp. 47 § 2. This act shall take effect on the ninetieth day after it shall 48 have become a law; provided, however, that the amendments to section 49 1180-e of the vehicle and traffic law made by section one of this act 50 shall not affect the repeal of such section and shall be deemed repealed 51 therewith. Effective immediately, the addition, amendment, and/or 52 repeal of any rule or regulation necessary for the implementation of 53 this act on its effective date are authorized to be made and completed 54 on or before such effective date.