New York State Law

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This section contains the traffic code of New York's Vehicle and Traffic Law

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Article 30 - NY Vehicle and Traffic Law

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 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.
    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.

Top of Page
Section Sub Description of Violation
1180 (a) Speed not reasonable/prudent
1180 (d) Speeding in excess of posted limits
1181 (a) Impeding traffic - driving too slowly
1182 1 Unauthorized speed contest (drag race)

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