BILL NUMBER: S4045
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to requiring
the installation of intelligent speed assistance devices for repeated
violation of maximum speed limits
 
PURPOSE OR GENERAL IDEA OF BILL:
To require drivers to install intelligent speed assistance devices in
their vehicles for at least twelve months if they consistently violate
maximum speed limits
 
SUMMARY OF PROVISIONS:
Section 1 amends vehicle and traffic law by adding a new section 119-c,
defining an intelligent speed assistance device, also known as a "speed
limiter", which caps the speed of a vehicle at 5 miles per hour higher
than the speed limit.
Section 2 amends subdivision (h) of section 1180 of vehicle and traffic
law by adding a new paragraph 6 which would:
- Requires individuals who accumulate eleven or more points on their
driving record in 24 months to install a speed limiter device in any
motor vehicle owned or operated by them for twelve months or the period
of license suspension or revocation, whichever is later;
- Requires the owner of, a vehicle that accumulates 6 or more speed
camera violations or red light violations in 12 months to install a
speed limiter device in any motor vehicle owned or operated by them for
twelve months or the period of license suspension or revocation, which-
ever is later;
- States that the individual bears responsibility for the cost of
acquiring a speed limiter, but they may have this cost waived or utilize
a payment plan if they are financially unable to afford the device;
- Mandates the commissioner create a list of approved speed limiter
devices capable of operating reliably across road and weather condi-
tions, as well as a list of qualified service providers to install,
service, inspect, and remove these devices which may include the network
of existing service providers utilized for servicing Ignition Interlock
Devices;
- Outlines the process for applying for the removal of the device,
which, similar to the process for individuals following license revoca-
tion, may include a road test, written test, and take into account a
driver's record
- Sets a schedule for the installation and inspection of speed limiter
devices;
- Stipulates that driving without a mandated speed limiter or assisting
someone in doing so is a Class A misdemeanor; and
- Requires the commissioner to issue a report on the efficacy of the
speed limiter program. Section 3 sets the effective date.
 
JUSTIFICATION:
Speeding has severe consequences. For every ten miles per hour of
increased speed, the risk of dying in a crash doubles, and speeding is a
contributing factor in thirty percent of all traffic fatalities. The
percent of pedestrian crashes where speed plays a key role has also
increased, while pedestrian deaths from vehicles overall rose by 51 to
87% in the ten year span between 2009 and 2019.
In 2022, 21% of fatal pedestrian crashes in NYC involved a vehicle that
got six or more speed or red light camera tickets the prior year.
Further, the 2024 NYC DOT Automated Speed Enforcement Program report
found a clear link between speed camera violations and the risk of being
involved in a serious crash. The numbers in the report are deeply alarm-
ing - an individual with 25 speed camera violations in a year is 15
times more likely to be involved in a fatal crash or a crash that
results in a severe injury.
Drivers across New York state who constantly drive dangerously and speed
must be held accountable. This bill would ensure that the most reckless
drivers in our state, individuals consistently racking up points, speed
camera violations, and red light violations, do not continue to endanger
pedestrians, cyclists, other drivers, and our communities. Requiring
these individuals to have speed limiter devices in their vehicles would
greatly improve street safety. Speed limiters have been shown to reduce
traffic deaths by 37%, and when NYC instituted a pilot program for
municipal vehicles, hard-braking incidents dropped by 36%, with these
vehicles following the speed limit 99% of the time.
By requiring drunk drivers to have an Ignition Interlocking Device
installed, preventing their cars from starting unless sober, New York
has already demonstrated a willingness to take reasonable precautions
when drivers willfully violate the law and represent a danger to them-
selves and others. This bill builds on the successful IID program and
recognizes the danger perennial speeding drivers pose to our communi-
ties.
 
PRIOR LEGISLATIVE HISTORY:
2024: S7621 - Referred to Transportation
2023: S7621 - Referred to Transportation
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act will take effect on the sixtieth day after it becomes law.
However, subparagraph (iii) of paragraph 6 of subdivision (h) of section
1180 of the vehicle and traffic law, as added by section two of this
act, will take effect one year after the effective date.

Statutes affected:
S4045: 1180 vehicle and traffic law