BILL NUMBER: S4045C
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the general municipal
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, which limits the speed
of a vehicle at five 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:
-Require individuals who accumulate eleven or more points on their driv-
ing record in 18 months to install a speed limiter device in any motor
vehicle owned or operated by them for for a period of at least twelve
months;
-Requires the owner of a vehicle that accumulates 16 or more speed
camera violations in New York City to install a speed limiter device in
any motor vehicle owned or operated by them for a period of at least
twelve months;
- Provided however that localities outside of New York City may require
a speed limiter device at a threshold that capture the top one percent
of drivers who receive speed camera violations;
- Provides that the second time a driver is required to install a speed
limiter device within ten years, they shall be required to install it
for 24 months;
- Provides that the third time a driver is required to install a speed
limiter device within 15 years, they shall be required to install it for
36 months;
- Provides that the fourth time a driver is required to install a speed
limiter device, they shall be required to install such device until such
time as the Motor Vehicles Commissioner approves removal;
- Provides an adjudication process through a Traffic Violations Bureau
(TVB) or town or village court which adjudicates traffic infractions
- Provides that an individual shall install a speed limiter device with-
in ten days of receiving a TVB or court order
-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.
Additionally, anyone who receives public benefits shall be deemed
presumptively unable to afford the cost of the device and shall have
such cost waived
- Mandates that the Commissioner create a list of approved ISA devices,
which must be capable of accurately detecting speed limits across road
and weather conditions - Mandates the the Commissioner create a list of
approved service providers, which may be many of the same providers
already providing ignition interlock devices (11Ds) under Leandra's Law
- Provides that no driver covered under the bill shall tamper with or
circumvent an otherwise operable speed limiter device, operate any motor
vehicle without a speed limiter device. A. violation of these provisions
is a Class A misdemeanor.
-Requires the commissioner to issue a report on the efficacy of the
speed limiter program.
Section three of this bill subjects the purchases of speed limiter
devices to the open bidding law requirements of General Municipal Law
Section 103.
Section four of this bill makes a conforming edit to Section 514 of the
Vehicle and Traffic Law (VTL) regarding the reporting of moving
violations.
Section five of this bill amends Section 241 of VTL to require locali-
ties to report notices of liability (NOLs) for automated speeding
enforcement to the Commissioner, so that they may impose the ISA
requirement on covered drivers who have the NOL thresholds created in
the bill.
Section six of this bill amends Section 373 of the General Municipal
Law, so that the TVBs created in Article 14-B for Nassau County, Suffolk
County, Buffalo, and Rochester shall report moving violations to the
Commissioner in order to effectuate this act.
Section seven of this bill 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.
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 for
speeding and receiving automated speed camera tickets do not continue to
endanger pedestrians, cyclists, other drivers, and our communities.
Requiring these individuals to have speed limiter devices in their vehi-
cles 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 one hundred eightieth 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
S4045A: 1180 vehicle and traffic law
S4045B: 1180 vehicle and traffic law
S4045C: 1180 vehicle and traffic law, 241 vehicle and traffic law, 241(3) vehicle and traffic law