New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
Article 30 - NY Vehicle and Traffic Law
SPEED RESTRICTIONS
| Section |
Description |
| 1180 | Basic rule and maximum limits. |
| 1180-a | Maximum speed limits. |
| 1180-b | Owner liability for failure of operator to comply with certain posted maximum speed limits.* |
| 1180-c | Owner liability for failure of operator to comply with certain posted maximum speed limits.** |
| 1181 | Minimum speed regulations. |
| 1182 | Speed contests and races. |
| 1182-a | Multi-jurisdictional speed contests, races and similar special events. |
| 1182-b | Filming of movies, commercials and similar events. |
| Common Traffic Law Violations for Article 30 |
S 1180. Basic rule and maximum limits. (a) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing.
(b) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) of this section or when maximum speed limits have
been established as hereinafter authorized, no person shall drive a
vehicle at a speed in excess of fifty-five miles per hour.
(c) Except as provided in subdivision (g) of this section, whenever
maximum school speed limits have been established on a highway adjacent
to a school as authorized in section sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three
or sixteen hundred sixty-two-a, no person shall drive in excess of such
maximum school speed limits during:
(1) school days at times indicated on the school zone speed limit
sign, provided, however, that such times shall be between the hours of
seven o'clock A.M. and six o'clock P.M. or alternative times within such
hours; or
(2) a period when the beacons attached to the school zone speed limit
sign are flashing and such sign is equipped with a notice that indicates
that the school zone speed limit is in effect when such beacons are
flashing, provided, however, that such beacons shall only flash during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities.
(d) 1. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established as authorized in sections sixteen hundred twenty, sixteen
hundred twenty-two, sixteen hundred twenty-three, sixteen hundred
twenty-seven, sixteen hundred thirty, sixteen hundred forty-three,
sixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred
sixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,
no person shall drive in excess of such maximum speed limits at any
time.
2. Except as provided in subdivision (g) of this section, whenever
maximum speed limits, other than school speed limits, have been
established with respect to any restricted highway as authorized in
section sixteen hundred twenty-five, no person shall drive in excess of
such maximum speed limits at any time.
(e) The driver of every vehicle shall, consistent with the
requirements of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red, white, and/or blue lights pursuant to the provisions
of paragraph two and subparagraph b of paragraph four of subdivision
forty-one of section three hundred seventy-five of this chapter, when
traveling upon any narrow or winding roadway, and when any special
hazard exists with respect to pedestrians, or other traffic by reason of
weather or highway conditions, including, but not limited to a highway
construction or maintenance work area.
(f) Except as provided in subdivision (g) of this section and except
when a special hazard exists that requires lower speed for compliance
with subdivision (a) or (e) of this section or when a lower maximum
speed limit has been established, no person shall drive a vehicle
through a highway construction or maintenance work area at a speed in
excess of the posted work area speed limit. The agency having
jurisdiction over the affected street or highway may establish work area
speed limits which are less than the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed the
work area speed limit by no more than twenty miles per hour; and
provided further that no such work area speed limit may be established
at less than twenty-five miles per hour.
(g) (i) No person who uses a radar or laser detector in a vehicle with
a gross vehicle weight rating of more than eighteen thousand pounds, or
a commercial motor vehicle with a gross vehicle weight rating of more
than ten thousand pounds, shall drive at a speed in excess of fifty-five
miles per hour or, if a maximum speed limit other than fifty-five miles
per hour as hereinbefore authorized has been established, at a speed in
excess of such speed limit. The presence in any such vehicle of either:
(1) a radar or laser detector connected to a power source and in an
operable condition; or (2) a concealed radar or laser detector where a
part of such detector is securely affixed to some part of the vehicle
outside of the cab, in a manner which renders the detector not readily
observable, is presumptive evidence of its use by any person operating
such vehicle. Either such presumption shall be rebutted by any credible
and reliable evidence which tends to show that such radar or laser
detector was not in use.
(ii) The provisions of this section shall not be construed as
authorizing the seizure or forfeiture of a radar or laser detector,
unless otherwise provided by law.
(h) Upon a conviction for a violation of subdivision (b), (c), (d),
(f) or (g) of this section, the court shall record the speed upon which
the conviction was based on the certificate required to be filed with
the commissioner pursuant to section five hundred fourteen of this
chapter, or if the conviction occurs in an administrative tribunal
established pursuant to article two-A of this chapter, the speed upon
which the conviction was based shall be entered in the department's
records.
1. Every person convicted of a violation of subdivision (b) or
paragraph one of subdivision (d) of this section shall be punished as
follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than forty-five
nor more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than ninety nor more than three hundred dollars or by
imprisonment for not more than fifteen days or by both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than one
hundred eighty nor more than six hundred dollars, or by imprisonment for
not more than thirty days, or by both such fine and imprisonment.
2. Every person convicted of a violation of subdivision (a) or (e) of
this section shall be punished by a fine of not less than forty-five nor
more than one hundred fifty dollars, or by imprisonment for not more
than fifteen days, or by both such fine and imprisonment.
3. Every person convicted of a violation of paragraph two of
subdivision (d), subdivision (f) or (g) of this section shall be
punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than one hundred fifty dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour, but not more than thirty miles per hour,
by a fine of not less than one hundred eighty nor more than three
hundred dollars or by imprisonment for not more than thirty days, or by
both such fine and imprisonment, provided, however, that where the
vehicle is either (A) in violation of any rules or regulations involving
an out-of-service defect relating to brake systems, steering components
and/or coupling devices, or (B) transporting flammable gas, radioactive
materials or explosives, the fine shall be three hundred dollars or
imprisonment for not more than thirty days, or both such fine and
imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than six hundred dollars or by imprisonment for
not more than thirty days or by both such fine and imprisonment,
provided, however, that where the vehicle is either (A) in violation of
any rules or regulations involving an out-of-service defect relating to
brake systems, steering components and/or coupling devices, or (B)
transporting flammable gas, radioactive materials or explosives, the
fine shall be six hundred dollars or imprisonment for not more than
thirty days, or both such fine and imprisonment.
4. Every person convicted of a violation of subdivision (c) of this
section when such violation occurs in a school speed zone during a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
shall be punished as follows:
(i) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
not more than ten miles per hour, by a fine of not less than ninety nor
more than three hundred dollars;
(ii) Where the court or tribunal records or enters that the speed upon
which the conviction was based exceeded the applicable speed limit by
more than ten miles per hour but not more than thirty miles per hour, by
a fine of not less than one hundred eighty nor more than six hundred
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment;
(iii) Where the court or tribunal records or enters that the speed
upon which the conviction was based exceeded the applicable speed limit
by more than thirty miles per hour, by a fine of not less than three
hundred sixty nor more than one thousand two hundred dollars, or by
imprisonment for not more than thirty days, or by both such fine and
imprisonment.
5. Notwithstanding the foregoing provisions of this subdivision, the
maximum fine provided herein for the violation for which the person is
sentenced may be increased by an additional one hundred fifty dollars if
the conviction is for a second violation of any subdivision of this
section where both violations were committed within an eighteen month
period, and the maximum fine provided herein for the violation for which
the person is sentenced may be increased by an additional three hundred
seventy-five dollars if the conviction is for a third or subsequent
violation of any subdivision of this section where all such violations
were committed within an eighteen month period. Where an additional fine
is provided by this paragraph, a sentence of imprisonment for not more
than thirty days may be imposed in place of or in addition to any fine
imposed.
S 1180-a. Maximum speed limits. 1. Notwithstanding any other provision
of law, no city, village, town, county, public authority, division,
office or department of the state shall maintain or create (a) any speed
limit in excess of fifty-five miles per hour on any road, highway,
parkway or bridge or (b) any speed limit on any other portion of a
public highway, which is not uniformly applicable to all types of motor
vehicles using such portion of highway, if on November first, nineteen
hundred seventy-three, such portion of highway had a speed limit which
was uniformly applicable to all types of motor vehicles using it;
provided however, a lower speed limit may be established for any vehicle
operating under a special permit because of any weight or dimension of
such vehicle, including any load thereon, and (c) provided further,
paragraph (b) of this subdivision shall not apply to any portion of a
highway during such time that the condition of the highway, weather, an
accident, or other condition creates a temporary hazard to the safety of
traffic on such portion of a highway. However, the commissioner of the
department of transportation may establish a maximum speed limit of not
more than sixty-five miles per hour on any state roadway which meets
department criteria for such maximum speed.
2. Notwithstanding the provisions of paragraphs (a) and (b) of
subdivision one of this section, upon The Governor Thomas E. Dewey
Thruway as such term is defined in section three hundred fifty-six of
the public authorities law, the New York state thruway authority may
establish a maximum speed limit of not more than sixty-five miles per
hour provided that such maximum allowable speed limit is established in
accordance with all applicable rules and regulations.
3. Notwithstanding the provisions of paragraphs (a) and (b) of
subdivision one of this section, upon (a) the southern tier expressway
from a point east of the town of Lowman, in the county of Chemung,
thence generally westerly to the Pennsylvania border and from the
Chemung interchange to New York touring route twenty-six, (b) interstate
route eighty-one from the Pennsylvania border in Broome county to the
interchange with New York state touring route twelve in Jefferson
county, (c) the Adirondack northway portion of interstate route
eighty-seven from the interchange with Crescent Road in Saratoga county
to the province of Quebec, (d) interstate route eighty-eight from the
interchange with New York state touring route three hundred sixty-nine
in Broome county to the interchange with interstate route ninety in
Schenectady county, (e) interstate route three hundred ninety, known as
the Genesee Expressway, from the interchange with the southern tier
expressway in Steuben county to the interchange with interstate route
four hundred ninety in Monroe county, (f) interstate route four hundred
ninety from interstate ninety exit forty-five in Ontario county to the
city of Rochester in Monroe county and from interstate ninety exit
forty-seven in Genesee county to the city of Rochester in Monroe county,
(g) interstate route five hundred ninety from the interchange with
interstate route three hundred ninety in Monroe county to the
interchange with interstate route four hundred ninety in Monroe county,
(h) route seventeen from the interchange with New York touring route
three hundred ninety-four to the Pennsylvania border, (i) interstate
route four hundred eighty-one from the southerly interchange with
interstate route eighty-one in Onondaga county to the northerly
interchange with interstate route eighty-one in Onondaga county, (j) New
York state touring route four hundred eighty-one from the northerly
interchange with interstate route eighty-one in Onondaga county to the
city of Fulton in Oswego county, (k) interstate ninety from exit eight,
in the county of Rensselaer, thence generally easterly to the
interchange with the Berkshire section of The Governor Thomas E. Dewey
Thruway, (l) interstate route six hundred ninety, from the city of
Syracuse and town of Geddes border, thence generally westerly to the
interchange with the New York state thruway, (m) New York state touring
route six hundred ninety, from the interchange with the New York state
thruway, thence generally westerly to its intersection with New York
state touring route forty-eight in the town of Lysander, (n) New York
state touring route six hundred ninety-five, from the interchange with
interstate route six hundred ninety approximately 2.3 miles to the
interchange with New York state touring route five, (o) New York state
touring route five from the interchange with New York state touring
route six hundred ninety-five approximately 5.0 miles to the interchange
with New York state touring route one hundred seventy-four in the town
of Camillus, and (p) route five hundred thirty-one from the interchange
with interstate route four hundred ninety in Monroe county to the
interchange with route thirty-six in Monroe county, and (q) United
States route two hundred nineteen, from the interchange with Armor
Duelles Road in the town of Orchard Park, thence generally southerly to
the interchange with New York state route thirty-nine in the town of
Concord, the commissioner of the department of transportation may
establish a maximum speed limit of not more than sixty-five miles per
hour provided that such maximum allowable speed limit is established in
accordance with all applicable rules and regulations.
* S 1180-b. Owner liability for failure of operator to comply with
certain posted maximum speed limits. (a) 1. Notwithstanding any other
provision of law, the city of New York is hereby authorized to establish
a demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with posted maximum
speed limits in a school speed zone within the city (i) when a school
speed limit is in effect as provided in paragraphs one and two of
subdivision (c) of section eleven hundred eighty of this article or (ii)
when other speed limits are in effect as provided in subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this article during
the following times: (A) on school days during school hours and one hour
before and one hour after the school day, and (B) a period during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities. Such demonstration program shall empower the city to install
photo speed violation monitoring systems within no more than one hundred
forty school speed zones within the city at any one time and to operate
such systems within such zones (iii) when a school speed limit is in
effect as provided in paragraphs one and two of subdivision (c) of
section eleven hundred eighty of this article or (iv) when other speed
limits are in effect as provided in subdivision (b), (d), (f) or (g) of
section eleven hundred eighty of this article during the following
times: (A) on school days during school hours and one hour before and
one hour after the school day, and (B) a period during student
activities at the school and up to thirty minutes immediately before and
up to thirty minutes immediately after such student activities. In
selecting a school speed zone in which to install and operate a photo
speed violation monitoring system, the city shall consider criteria
including, but not limited to the speed data, crash history, and the
roadway geometry applicable to such school speed zone.
** NB Effective until July 25, 2018
** 1. Notwithstanding any other provision of law, the city of New York
is hereby authorized to establish a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with posted maximum speed limits in a school speed
zone within the city (i) when a school speed limit is in effect as
provided in paragraphs one and two of subdivision (c) of section eleven
hundred eighty of this article or (ii) when other speed limits are in
effect as provided in subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article during the following times: (A) on school
days during school hours and one hour before and one hour after the
school day, and (B) a period during student activities at the school and
up to thirty minutes immediately before and up to thirty minutes
immediately after such student activities. Such demonstration program
shall empower the city to install photo speed violation monitoring
systems within no more than twenty school speed zones within the city at
any one time and to operate such systems within such zones (iii) when a
school speed limit is in effect as provided in paragraphs one and two of
subdivision (c) of section eleven hundred eighty of this article or (iv)
when other speed limits are in effect as provided in subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this article during
the following times: (A) on school days during school hours and one hour
before and one hour after the school day, and (B) a period during
student activities at the school and up to thirty minutes immediately
before and up to thirty minutes immediately after such student
activities. In selecting a school speed zone in which to install and
operate a photo speed violation monitoring system, the city shall
consider criteria including, but not limited to the speed data, crash
history, and the roadway geometry applicable to such school speed zone.
** NB Effective July 25, 2018
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has
successfully passed a self-test of its functions; and (ii) it has
undergone an annual calibration check performed pursuant to paragraph
four of this subdivision. The city may install signs giving notice that
a photo speed violation monitoring system is in use to be mounted on
advance warning signs notifying motor vehicle operators of such upcoming
school speed zone and/or on speed limit signs applicable within such
school speed zone, in conformance with standards established in the
MUTCD.
3. Operators of photo speed violation monitoring systems shall have
completed training in the procedures for setting up, testing, and
operating such systems. Each such operator shall complete and sign a
daily set-up log for each such system that he or she operates that (i)
states the date and time when, and the location where, the system was
set up that day, and (ii) states that such operator successfully
performed, and the system passed, the self-tests of such system before
producing a recorded image that day. The city shall retain each such
daily log until the later of the date on which the photo speed violation
monitoring system to which it applies has been permanently removed from
use or the final resolution of all cases involving notices of liability
issued based on photographs, microphotographs, video or other recorded
images produced by such system.
4. Each photo speed violation monitoring system shall undergo an
annual calibration check performed by an independent calibration
laboratory which shall issue a signed certificate of calibration. The
city shall keep each such annual certificate of calibration on file
until the final resolution of all cases involving a notice of liability
issued during such year which were based on photographs,
microphotographs, videotape or other recorded images produced by such
photo speed violation monitoring system.
5. (i) Such demonstration program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs,
microphotographs, videotape or other recorded images produced by such
photo speed violation monitoring systems shall not include images that
identify the driver, the passengers, or the contents of the vehicle.
Provided, however, that no notice of liability issued pursuant to this
section shall be dismissed solely because such a photograph,
microphotograph, videotape or other recorded image allows for the
identification of the driver, the passengers, or the contents of
vehicles where the city shows that it made reasonable efforts to comply
with the provisions of this paragraph in such case.
(ii) Photographs, microphotographs, videotape or any other recorded
image from a photo speed violation monitoring system shall be for the
exclusive use of the city for the purpose of the adjudication of
liability imposed pursuant to this section and of the owner receiving a
notice of liability pursuant to this section, and shall be destroyed by
the city upon the final resolution of the notice of liability to which
such photographs, microphotographs, videotape or other recorded images
relate, or one year following the date of issuance of such notice of
liability, whichever is later. Notwithstanding the provisions of any
other law, rule or regulation to the contrary, photographs,
microphotographs, videotape or any other recorded image from a photo
speed violation monitoring system shall not be open to the public, nor
subject to civil or criminal process or discovery, nor used by any court
or administrative or adjudicatory body in any action or proceeding
therein except that which is necessary for the adjudication of a notice
of liability issued pursuant to this section, and no public entity or
employee, officer or agent thereof shall disclose such information,
except that such photographs, microphotographs, videotape or any other
recorded images from such systems:
(A) shall be available for inspection and copying and use by the motor
vehicle owner and operator for so long as such photographs,
microphotographs, videotape or other recorded images are required to be
maintained or are maintained by such public entity, employee, officer or
agent; and
(B) (1) shall be furnished when described in a search warrant issued
by a court authorized to issue such a search warrant pursuant to article
six hundred ninety of the criminal procedure law or a federal court
authorized to issue such a search warrant under federal law, where such
search warrant states that there is reasonable cause to believe such
information constitutes evidence of, or tends to demonstrate that, a
misdemeanor or felony offense was committed in this state or another
state, or that a particular person participated in the commission of a
misdemeanor or felony offense in this state or another state, provided,
however, that if such offense was against the laws of another state, the
court shall only issue a warrant if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony
against the laws of this state; and
(2) shall be furnished in response to a subpoena duces tecum signed by
a judge of competent jurisdiction and issued pursuant to article six
hundred ten of the criminal procedure law or a judge or magistrate of a
federal court authorized to issue such a subpoena duces tecum under
federal law, where the judge finds and the subpoena states that there is
reasonable cause to believe such information is relevant and material to
the prosecution, or the defense, or the investigation by an authorized
law enforcement official, of the alleged commission of a misdemeanor or
felony in this state or another state, provided, however, that if such
offense was against the laws of another state, such judge or magistrate
shall only issue such subpoena if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony in
this state; and
(3) may, if lawfully obtained pursuant to this clause and clause (A)
of this subparagraph and otherwise admissible, be used in such criminal
action or proceeding.
(b) If the city of New York establishes a demonstration program
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, within a school speed zone in violation of subdivision (c)
or during the times authorized pursuant to subdivision (a) of this
section in violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article, such vehicle was traveling at a
speed of more than ten miles per hour above the posted speed limit in
effect within such school speed zone, and such violation is evidenced by
information obtained from a photo speed violation monitoring system;
provided however that no owner of a vehicle shall be liable for a
penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article.
(c) For purposes of this section, the following terms shall have the
following meanings:
1. "manual on uniform traffic control devices" or "MUTCD" shall mean
the manual and specifications for a uniform system of traffic control
devices maintained by the commissioner of transportation pursuant to
section sixteen hundred eighty of this chapter;
2. "owner" shall have the meaning provided in article two-B of this
chapter.
3. "photo speed violation monitoring system" shall mean a vehicle
sensor installed to work in conjunction with a speed measuring device
which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in a school speed zone in violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this article in accordance with the provisions of this
section; and
4. "school speed zone" shall mean a distance not to exceed one
thousand three hundred twenty feet on a highway passing a school
building, entrance or exit of a school abutting on the highway.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of New York, or a facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded images
produced by a photo speed violation monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall include at least two date and time stamped images of the
rear of the motor vehicle that include the same stationary object near
the motor vehicle and shall be available for inspection reasonably in
advance of and at any proceeding to adjudicate the liability for such
violation pursuant to this section.
(e) An owner liable for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article pursuant to a
demonstration program established pursuant to this section shall be
liable for monetary penalties in accordance with a schedule of fines and
penalties to be promulgated by the parking violations bureau of the city
of New York. The liability of the owner pursuant to this section shall
not exceed fifty dollars for each violation; provided, however, that
such parking violations bureau may provide for an additional penalty not
in excess of twenty-five dollars for each violation for the failure to
respond to a notice of liability within the prescribed time period.
(f) An imposition of liability under the demonstration program
established pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the operating record of the
person upon whom such liability is imposed nor shall it be used for
insurance purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article pursuant to this section, within fourteen business days if such
owner is a resident of this state and within forty-five business days if
such owner is a non-resident. Personal delivery on the owner shall not
be required. A manual or automatic record of mailing prepared in the
ordinary course of business shall be prima facie evidence of the facts
contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article pursuant to this section, the registration number of the vehicle
involved in such violation, the location where such violation took
place, the date and time of such violation, the identification number of
the camera which recorded the violation or other document locator
number, at least two date and time stamped images of the rear of the
motor vehicle that include the same stationary object near the motor
vehicle, and the certificate charging the liability.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a prominent warning to advise the person charged that failure to
contest in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
New York, or by any other entity authorized by the city to prepare and
mail such notice of liability.
(h) Adjudication of the liability imposed upon owners of this section
shall be by the New York city parking violations bureau.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such vehicle was reported to the police department as
having been stolen, it shall be a valid defense to an allegation of
liability for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section
that the vehicle or the number plate or plates of such vehicle had been
reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. For purposes of
asserting the defense provided by this subdivision, it shall be
sufficient that a certified copy of the police report on the stolen
vehicle or number plate or plates of such vehicle be sent by first class
mail to the New York city parking violations bureau, or by any other
entity authorized by the city to prepare and mail such notice of
liability.
(j) Adjudication of the liability imposed upon owners of this section
shall be by the New York city parking violations bureau.
(k) 1. An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this article pursuant to this
section, provided that:
(i) prior to the violation, the lessor has filed with such parking
violations bureau in accordance with the provisions of section two
hundred thirty-nine of this chapter; and
(ii) within thirty-seven days after receiving notice from such bureau
of the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to
such bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by such
bureau pursuant to regulations that may be promulgated for such purpose.
2. Failure to comply with subparagraph (ii) of paragraph (a) of this
subdivision shall render the owner liable for the penalty prescribed in
this section.
3. Where the lessor complies with the provisions of paragraph (a) of
this subdivision, the lessee of such vehicle on the date of such
violation shall be deemed to be the owner of such vehicle for purposes
of this section, shall be subject to liability for such violation
pursuant to this section and shall be sent a notice of liability
pursuant to subdivision nine of this section.
(l) 1. If the owner liable for a violation of subdivision (c) or (d)
of section eleven hundred eighty of this article pursuant to this
section was not the operator of the vehicle at the time of the
violation, the owner may maintain an action for indemnification against
the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator operated such
vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this article. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time of such
operator operated such vehicle in violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this article.
(m) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (c) or (d)
of section eleven hundred eighty of this article.
(n) If the city adopts a demonstration program pursuant to subdivision
one of this section it shall conduct a study and submit a report on the
results of the use of photo devices to the governor, the temporary
president of the senate and the speaker of the assembly. Such report
shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within the city, to the extent the information is maintained by the
department of motor vehicles of this state;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded within all school speed zones
within the city, in the aggregate on a daily, weekly and monthly basis;
5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the
aggregate on a daily, weekly and monthly basis;
6. the number of violations recorded within all school speed zones
within the city that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
10. the number of violations adjudicated and the results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by the city in connection
with the program;
12. the expenses incurred by the city in connection with the program;
and
13. the quality of the adjudication process and its results.
(o) It shall be a defense to any prosecution for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this article pursuant to this section that such photo speed violation
monitoring system was malfunctioning at the time of the alleged
violation.
* NB Repealed August 30, 2018
* S 1180-c Owner liability for failure of operator to comply with
certain posted maximum speed limits.. (a) 1. Notwithstanding any other
provision of law, the counties of Nassau and Suffolk are hereby
authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a school speed zone within
the counties (i) when a school speed limit is in effect as provided in
paragraphs one and two of subdivision (c) of section eleven hundred
eighty of this article or (ii) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities. Such demonstration program shall empower
the counties to install photo speed violation monitoring systems within
no more than one school speed zone per school district within each
county at any one time and to operate such systems within such zones
(iii) when a school speed limit is in effect as provided in paragraphs
one and two of subdivision (c) of section eleven hundred eighty of this
article or (iv) when other speed limits are in effect as provided in
subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this article during the following times: (A) on school days during
school hours and one hour before and one hour after the school day, and
(B) a period during student activities at the school and up to thirty
minutes immediately before and up to thirty minutes immediately after
such student activities. In selecting a school speed zone in which to
install and operate a photo speed violation monitoring system, the
counties shall consider criteria including, but not limited to the speed
data, crash history, and the roadway geometry applicable to such school
speed zone.
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has
successfully passed a self-test of its functions; and (ii) it has
undergone an annual calibration check performed pursuant to paragraph
four of this subdivision. The counties may install signs giving notice
that a photo speed violation monitoring system is in use to be mounted
on advance warning signs notifying motor vehicle operators of such
upcoming school speed zone and/or on speed limit signs applicable within
such school speed zone, in conformance with standards established in the
MUTCD.
3. Operators of photo speed violation monitoring systems shall have
completed training in the procedures for setting up, testing, and
operating such systems. Each such operator shall complete and sign a
daily set-up log for each such system that he or she operates that (i)
states the date and time when, and the location where, the system was
set up that day, and (ii) states that such operator successfully
performed, and the system passed, the self-tests of such system before
producing a recorded image that day. The counties shall retain each such
daily log until the later of the date on which the photo speed violation
monitoring system to which it applies has been permanently removed from
use or the final resolution of all cases involving notices of liability
issued based on photographs, microphotographs, video or other recorded
images produced by such system.
4. Each photo speed violation monitoring system shall undergo an
annual calibration check performed by an independent calibration
laboratory which shall issue a signed certificate of calibration. The
counties shall keep each such annual certificate of calibration on file
until the final resolution of all cases involving a notice of liability
issued during such year which were based on photographs,
microphotographs, videotape or other recorded images produced by such
photo speed violation monitoring system.
5. (i) Such demonstration program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs,
microphotographs, videotape or other recorded images produced by such
photo speed violation monitoring systems shall not include images that
identify the driver, the passengers, or the contents of the vehicle.
Provided, however, that no notice of liability issued pursuant to this
section shall be dismissed solely because such a photograph,
microphotograph, videotape or other recorded image allows for the
identification of the driver, the passengers, or the contents of
vehicles where either county, as applicable, shows that it made
reasonable efforts to comply with the provisions of this paragraph in
such case.
(ii) Photographs, microphotographs, videotape or any other recorded
image from a photo speed violation monitoring system shall be for the
exclusive use of each such county for the purpose of the adjudication of
liability imposed pursuant to this section and of the owner receiving a
notice of liability pursuant to this section, and shall be destroyed by
each such county upon the final resolution of the notice of liability to
which such photographs, microphotographs, videotape or other recorded
images relate, or one year following the date of issuance of such notice
of liability, whichever is later. Notwithstanding the provisions of any
other law, rule or regulation to the contrary, photographs,
microphotographs, videotape or any other recorded image from a photo
speed violation monitoring system shall not be open to the public, nor
subject to civil or criminal process or discovery, nor used by any court
or administrative or adjudicatory body in any action or proceeding
therein except that which is necessary for the adjudication of a notice
of liability issued pursuant to this section, and no public entity or
employee, officer or agent thereof shall disclose such information,
except that such photographs, microphotographs, videotape or any other
recorded images from such systems:
(A) shall be available for inspection and copying and use by the motor
vehicle owner and operator for so long as such photographs,
microphotographs, videotape or other recorded images are required to be
maintained or are maintained by such public entity, employee, officer or
agent; and
(B) (1) shall be furnished when described in a search warrant issued
by a court authorized to issue such a search warrant pursuant to article
six hundred ninety of the criminal procedure law or a federal court
authorized to issue such a search warrant under federal law, where such
search warrant states that there is reasonable cause to believe such
information constitutes evidence of, or tends to demonstrate that, a
misdemeanor or felony offense was committed in this state or another
state, or that a particular person participated in the commission of a
misdemeanor or felony offense in this state or another state, provided,
however, that if such offense was against the laws of another state, the
court shall only issue a warrant if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony
against the laws of this state; and
(2) shall be furnished in response to a subpoena duces tecum signed by
a judge of competent jurisdiction and issued pursuant to article six
hundred ten of the criminal procedure law or a judge or magistrate of a
federal court authorized to issue such a subpoena duces tecum under
federal law, where the judge finds and the subpoena states that there is
reasonable cause to believe such information is relevant and material to
the prosecution, or the defense, or the investigation by an authorized
law enforcement official, of the alleged commission of a misdemeanor or
felony in this state or another state, provided, however, that if such
offense was against the laws of another state, such judge or magistrate
shall only issue such subpoena if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony in
this state; and
(3) may, if lawfully obtained pursuant to this clause and clause (A)
of this subparagraph and otherwise admissible, be used in such criminal
action or proceeding.
(b) If the counties of Nassau and Suffolk establish a demonstration
program pursuant to subdivision (a) of this section, the owner of a
vehicle shall be liable for a penalty imposed pursuant to this section
if such vehicle was used or operated with the permission of the owner,
express or implied, within a school speed zone in violation of
subdivision (c) of section eleven hundred eighty of this article or
during the times authorized pursuant to subdivision (a) of this section
in violation of subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article, such vehicle was traveling at a speed of
more than ten miles per hour above the posted speed limit in effect
within such school speed zone, and such violation is evidenced by
information obtained from a photo speed violation monitoring system;
provided however that no owner of a vehicle shall be liable for a
penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article.
(c) For purposes of this section, the following terms shall have the
following meanings:
1. "manual on uniform traffic control devices" or "MUTCD" shall mean
the manual and specifications for a uniform system of traffic control
devices maintained by the commissioner of transportation pursuant to
section sixteen hundred eighty of this chapter;
2. "owner" shall have the meaning provided in article two-B of this
chapter.
3. "photo speed violation monitoring system" shall mean a vehicle
sensor installed to work in conjunction with a speed measuring device
which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in a school speed zone in violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this article in accordance with the provisions of this
section; and
4. "school speed zone" shall mean a distance not to exceed one
thousand three hundred twenty feet on a highway passing a school
building, entrance or exit of a school abutting on the highway.
(d) A certificate, sworn to or affirmed by a technician employed by
the counties of Nassau or Suffolk as applicable, or a facsimile thereof,
based upon inspection of photographs, microphotographs, videotape or
other recorded images produced by a photo speed violation monitoring
system, shall be prima facie evidence of the facts contained therein.
Any photographs, microphotographs, videotape or other recorded images
evidencing such a violation shall include at least two date and time
stamped images of the rear of the motor vehicle that include the same
stationary object near the motor vehicle and shall be available for
inspection reasonably in advance of and at any proceeding to adjudicate
the liability for such violation pursuant to this section.
(e) An owner liable for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article pursuant to a
demonstration program established pursuant to this section shall be
liable for monetary penalties in accordance with a schedule of fines and
penalties to be promulgated by the traffic and parking violations
agencies of the counties of Nassau and Suffolk. The liability of the
owner pursuant to this section shall not exceed fifty dollars for each
violation; provided, however, that each such traffic and parking
violations agency may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under the demonstration program
established pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the operating record of the
person upon whom such liability is imposed nor shall it be used for
insurance purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article pursuant to this section, within fourteen business days if such
owner is a resident of this state and within forty-five business days if
such owner is a non-resident. Personal delivery on the owner shall not
be required. A manual or automatic record of mailing prepared in the
ordinary course of business shall be prima facie evidence of the facts
contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this
article pursuant to this section, the registration number of the vehicle
involved in such violation, the location where such violation took
place, the date and time of such violation, the identification number of
the camera which recorded the violation or other document locator
number, at least two date and time stamped images of the rear of the
motor vehicle that include the same stationary object near the motor
vehicle, and the certificate charging the liability.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a prominent warning to advise the person charged that failure to
contest in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the county
of Nassau or Suffolk, as applicable, or by any other entity authorized
by such counties to prepare and mail such notice of liability.
(h) Adjudication of the liability imposed upon owners of this section
shall be by the court having jurisdiction over traffic infractions.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such vehicle was reported to the police department as
having been stolen, it shall be a valid defense to an allegation of
liability for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section
that the vehicle or the number plate or plates of such vehicle had been
reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. For purposes of
asserting the defense provided by this subdivision, it shall be
sufficient that a certified copy of the police report on the stolen
vehicle or number plate or plates of such vehicle be sent by first class
mail to the court having jurisdiction in such counties.
(j) An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this article, provided that he or
she sends to the court having jurisdiction a copy of the rental, lease
or other such contract document covering such vehicle on the date of the
violation, with the name and address of the lessee clearly legible,
within thirty-seven days after receiving notice from the court of the
date and time of such violation, together with the other information
contained in the original notice of liability. Failure to send such
information within such thirty-seven day time period shall render the
owner liable for the penalty prescribed by this section. Where the
lessor complies with the provisions of this paragraph, the lessee of
such vehicle on the date of such violation shall be deemed to be the
owner of such vehicle for purposes of this section, shall be subject to
liability for the violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section
and shall be sent a notice of liability pursuant to subdivision (g) of
this section.
(k) 1. If the owner liable for a violation of subdivision (c) or (d)
of section eleven hundred eighty of this article pursuant to this
section was not the operator of the vehicle at the time of the
violation, the owner may maintain an action for indemnification against
the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator operated such
vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this article. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator operated such vehicle in violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this article.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (c) or (d)
of section eleven hundred eighty of this article.
(m) Notwithstanding any law to the contrary, the net proceeds of any
penalty after expenses of administration, resulting from a photo speed
violation monitoring system used in the course of this program located
on a village maintained street or highway within the county of Nassau
shall inure to said village.
(n) If either county adopts a demonstration program pursuant to this
section it shall conduct a study and submit a report on the results of
the use of photo devices to the governor, the temporary president of the
senate and the speaker of the assembly. Such report shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within such county, to the extent the information is maintained by the
department of motor vehicles of this state;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded within all school speed zones
within such county, in the aggregate on a daily, weekly and monthly
basis;
5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the
aggregate on a daily, weekly and monthly basis;
6. the number of violations recorded within all school speed zones
within such county that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
10. the number of violations adjudicated and the results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by such county in connection
with the program;
12. the expenses incurred by such county in connection with the
program; and
13. the quality of the adjudication process and its results.
(o) It shall be a defense to any prosecution for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this article pursuant to this section that such photo speed violation
monitoring system was malfunctioning at the time of the alleged
violation.
* NB Repealed July 25, 2018
S 1181. Minimum speed regulations. (a) No person shall drive a motor
vehicle at such a slow speed as to impede the normal and reasonable
movement of traffic except when reduced speed is necessary for safe
operation or in compliance with law.
(b) Whenever a minimum speed limit has been established as authorized
in sections sixteen hundred twenty or sixteen hundred forty-two, no
person shall drive at a speed less than such minimum speed limit except
when entering upon or preparing to exit from the highway upon which such
a minimum speed limit has been established, when preparing to stop, or
when necessary for safe operation or in compliance with law.
S 1182. Speed contests and races. 1. Except as provided in section
eleven hundred eighty-two-a of this article or section sixteen hundred
thirty, sixteen hundred forty, sixteen hundred forty-two or sixteen
hundred sixty of this chapter, no races, exhibitions or contests of
speed shall be held and no person shall engage in or aid or abet in any
motor vehicle or other speed contest or exhibition of speed on a
highway. Such event, if held, shall be fully and efficiently patrolled
for the entire distance over which such race, exhibition or contest for
speed is to be held. Participants in a race, exhibition or contest of
speed are exempted from compliance with any traffic laws otherwise
applicable thereto, but shall exercise reasonable care. A violation of
any of the provisions of this section shall constitute a misdemeanor and
be punishable by imprisonment of not more than thirty days or a fine of
not less than three hundred dollars nor more than five hundred
twenty-five dollars, or both such fine and imprisonment.
2. A second conviction within twelve months of a violation of this
section shall be punishable by imprisonment of not more than six months
or a fine of not less than five hundred twenty-five dollars nor more
than seven hundred fifty dollars, or both such fine and imprisonment.
S 1182-a. Multi-jurisdictional speed contests, races and similar
special events. 1. Notwithstanding any other provision of law to the
contrary, the department of transportation may, by order, rule or
regulation, prohibit or regulate races, speed contests, exhibitions of
speed or other similar special events which are held on public highways
in more than one county. Participants in an approved race, contest, or
exhibition are exempted from compliance with any traffic laws otherwise
applicable thereto, but shall exercise reasonable care. Such rules and
regulations shall include, among other things, provision for adequate
insurance coverage; provision for approval by the municipalities
involved; provision for payment or reimbursement of all the costs and
expenses of the state which are incurred in connection with such an
event; provision for assumption of risk for damages or claims by the
organizer, sponsor, driver, rider or participant in such event;
provision for the closure of or restriction on public use and travel
upon highways or parts thereof for a certain period of time whenever the
state or local police determine such is necessary to protect the public
safety, security, or convenience. Prior to the scheduled date of a
proposed multi-jurisdictional race, speed contest, exhibition of speed
or other similar special event, the sponsor or organizer shall apply, in
writing, to the department of transportation for consideration of and
authorization to conduct such an event. Such application shall be
reviewed by the commissioner of transportation, the commissioner of
economic development and the superintendent of state police, or their
designees. Only if such persons unanimously agree that the proposed
event should take place, the department of transportation shall continue
the review process and shall establish such reasonable requirements as
are necessary to protect the public safety.
2. Notwithstanding any other provision of law to the contrary, no
person or entity shall have the right to bring an action against the
state or municipality or any person employed by the state or
municipality who was acting within the scope of his authority for
damages resulting from or in connection with any such race, contest or
exhibition. In the event of any such claim being brought against any
such individual employed by the state, the provisions of section
seventeen of the public officers law shall apply.
3. The division of state police and the department of commerce are
hereby authorized to provide necessary support and assistance to the
department of transportation in connection with its power to prohibit or
regulate races, speed contests, exhibitions of speed or other similar
special events pursuant to this section.
S 1182-b. Filming of movies, commercials and similar events. 1.
Notwithstanding any other provision of law to the contrary, the
department of transportation may, by order, rule or regulation, prohibit
or regulate the filming of movies, commercials and similar events on
state highways. Such rules and regulations shall include, among other
things, provision for adequate insurance coverage; provision for
consultation by the production company of any movie, commercial or
similar events with the municipality involved; provision for payment or
reimbursement of all of the costs and expenses of the state which are
incurred in connection with such an event; provision for assumption of
risk for damages or claims by the production company, its employees and
participants in such event; provision for the closure of or restriction
on public use and travel upon highways or parts thereof for a certain
period of time whenever the state police determine such is necessary to
protect the public safety, security, or convenience. Prior to the
scheduled date of the filming of a movie, commercial or other similar
events, the production company shall apply, in writing, to the
department of transportation for consideration of and authorization to
film such an event. Such application shall be reviewed by the
commissioner of transportation, or his designee, the commissioner of
commerce, or his designee, and the superintendent of state police, or
his designee. Only if such persons unanimously agree that the proposed
filming should take place, the department of transportation shall
continue the review process and shall establish such reasonable
requirements as are necessary to protect the public safety.
2. Notwithstanding any other provision of law to the contrary, no
person or entity shall have the right to bring an action against the
state or municipality or any person employed by the state or
municipality who was acting within the scope of his authority for
damages resulting from or in connection with the filming of a movie,
commercial or similar events. In the event of any such claim being
brought against any such individual employed by the state, the
provisions of section seventeen of the public officers law shall apply.
3. The division of state police and department of commerce are hereby
authorized to provide necessary support and assistance to the department
of transportation in connection with its power to prohibit or regulate
the filming of movies, commercials or other similar events pursuant to
this section.
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