BILL NUMBER: S9454
SPONSOR: ROLISON
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the public officers law,
in relation to establishing a school speed zone camera demonstration
program in the city of Poughkeepsie; and providing for the repeal of
such provisions upon expiration thereof
 
PURPOSE OR GENERAL IDEA OF BILL:
To authorize the City of Poughkeepsie to install and operate three speed
cameras in school speed zones.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section 1180-c to the New York Vehicle
and Traffic Law establishing a school speed zone camera demonstration
program in the City of Poughkeepsie.
Subdivision (a) authorizes the City of Poughkeepsie to establish a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of the operator to comply with posted maximum speed
limits in a school speed zone. Enforcement is permitted when a school
speed limit is in effect pursuant to section 1180(c) (1) and (2) of the
Vehicle and Traffic Law, or when other speed limits pursuant to section
1180(b), (d), (f), or (g) are in effect, during:(A) school days during
school hours and one hour before and after the school day; and (B) peri-
ods of student activities and up to thirty minutes immediately before
and after such activities. The City may install and operate photo speed
violation monitoring systems in no more than three school speed zones at
any one time. In selecting zones, the City must consider criteria
including speed data, crash history, and roadway geometry.
Paragraph 2 of subdivision (a) requires that each photo speed violation
monitoring system successfully pass a daily self-test prior to use and
undergo an annual calibration check performed by an independent labora-
tory. The City must install signage in conformance with the Manual on
Uniform Traffic Control Devices (MUTCD) providing notice of camera
enforcement.
Paragraph 3 requires operators of photo speed violation monitoring
systems to complete training and maintain signed daily set-up logs docu-
menting the date, time, location, and successful completion of required
self-tests. Logs must be retained until the later of permanent removal
of the system or final resolution of all related cases.
Paragraph 4 requires annual calibration by an independent laboratory and
retention of calibration certificates until final resolution of all
cases issued during that year.
Paragraph 5 establishes privacy protections. Subparagraph (i) requires
use of technologies, to the extent practicable, to avoid capturing
images identifying drivers, passengers, or vehicle contents, while
providing that notices shall not be dismissed solely for incidental
identification if reasonable efforts were made. Subparagraph (ii) limits
use of images exclusively to adjudication purposes; requires destruction
upon final resolution or one year after issuance of the notice of
liability, whichever is later; exempts such images from public disclo-
sure; and limits release to: (A) the vehicle owner or operator; (B) (1)
pursuant to a valid criminal search warrant meeting specified standards;
and (B)(2) pursuant to a subpoena duces tecum issued under specified
criminal procedural standards. Clause (3) permits lawful use of such
images in criminal proceedings if otherwise admissible.
Subdivision (b) provides that the owner of a vehicle shall be liable
where the vehicle was operated with the owner's express or implied
permission, exceeded the posted speed limit by more than ten miles per
hour within an authorized school speed zone during authorized times, and
the violation is evidenced by a photo speed violation monitoring system.
An owner shall not be liable where the operator has been convicted of
the underlying speeding violation.
Subdivision (c) defines terms including "manual on uniform traffic
control devices," "owner," "photo speed violation monitoring system,"
and "school speed zone," the latter defined as a distance not exceeding
1,320 feet on a highway passing a school building, entrance, or exit.
Subdivision (d) provides that a sworn certificate of a city technician
based upon review of recorded images constitutes prima facie evidence of
the violation. Images must include at least two date and time stamped
photographs of the rear of the vehicle including a common stationary
reference point and must be available for inspection prior to and during
adjudication.
Subdivision (e) provides that monetary penalties shall be established by
the Poughkeepsie Parking Violations Bureau and shall not exceed fifty
dollars per violation, with an additional penalty not exceeding twenty-
five dollars for failure to timely respond.
Subdivision (f) provides that liability imposed under this section shall
not constitute a conviction of the operator, shall not be entered on the
operator's driving record, and shall not be used for insurance purposes.
Subdivision (g) sets forth notice of liability requirements. Paragraph 1
requires mailing by first-class mail within fourteen business days to
in-state owners and forty-five business days to out-of-state owners.
Paragraph 2 specifies required contents of the notice, including identi-
fying information, violation details, at least two time-stamped images,
and the charging certificate.
Paragraph 3 requires instructions for contesting the violation and a
warning regarding default judgment. Paragraph 4 permits preparation and
mailing by the City or an authorized entity.
Subdivision (h) provides that adjudication shall be conducted by the
Poughkeepsie Parking Violations Bureau.
Subdivision (i) establishes a defense where the vehicle or license
plates were reported stolen prior to the violation and not recovered,
upon submission of a certified police report.
Subdivision (j) addresses leased or rented vehicles. Paragraph 1
relieves a lessor of liability where the lessor has complied with
section 239 of the Vehicle and Traffic Law and, within thirty-seven days
of notice, provides the lessee's identifying information and required
contractual documentation. Paragraph 2 provides that failure to comply
renders the lessor liable. Paragraph 3 deems the lessee the owner for
purposes of liability where the lessor complies.
Subdivision (k) permits an owner who was not the operator to seek indem-
nification from the operator and provides that an owner shall not be
liable where the vehicle was operated without consent, subject to a
presumption of consent.
Subdivision (1) clarifies that the section does not limit operator
liability for speeding violations.
Subdivision (m) requires the City, if it establishes the program, to
submit an annual report to the Governor, the Temporary President of the
Senate, and the Speaker of the Assembly. The report must include:
locations and dates of camera use; aggregate crash data citywide and
within camera zones; total violations citywide and per zone on daily,
weekly, and monthly bases; violations categorized by speed thresholds
(10-20 mph, 20-30 mph, 30-40 mph, and over 40 mph above the limit);
total notices issued; fines collected; adjudication outcomes; total
revenue; program expenses; and assessment of the adjudication process.
Subdivision (n) establishes a defense where the photo speed violation
monitoring system was malfunctioning at the time of the alleged
violation,
Section 2 amends subdivision 2 of section 87 of the New York Public
Officers Law by adding a new paragraph (v) to exempt photographs, micro-
photographs, videotape, or other recorded images prepared under section
1180-c from disclosure.
Section 3 provides that the purchase or lease of equipment for the
demonstration program shall be subject to section 103 of the New York
General Municipal Law relating to'competitive bidding requirements.
Section 4 provides that the act shall take effect on the thirtieth day
after it becomes law and shall expire on December 31,2030, at which
'time the provisions shall be deemed, repealed. The section authorizes
the promulgation of necessary rules and regulations prior to the effec-
tive date.
 
JUSTIFICATION:
The City of Poughkeepsie requested this bill (Resolution R-26-11) after
the tragic death of a school crossing guard. On September 29, 2025,
72-year-old James Montanino was struck and killed by a car while he was
helping children cross the street near Smith Elementary School at the
intersection of Baker Street and Quaker Street around 7:30 a.m. The
school is located off a three-lane arterial highway.
Speeding endangers every community in New York. According to the
National Highway Traffic Safety Administration, speeding drivers are at
a higher risk for loss of control of their vehicle, reduce the effec-
tiveness of occupant protection equipment, require an increased stopping
distance after the driver perceives a danger, and increase the likeli-
hood of a crash being severe. Consequently, driving above the posted
speed limit is a factor in 29% of traffic related fatalities nationwide.
This danger is magnified in school zones where large numbers of students
are arriving by bus or on foot and are often outside during the school
day.
To mitigate this danger, New York City implemented the State's first
speed camera pilot program in 2013. The program has been an overwhelming
success. On average, speeding decreased 73% in school zones that had
speed cameras added and some areas saw reductions of 90%.
Cameras have also proven to be effective at preventing repeat offenses:
46% of drivers who received a ticket from these cameras did not receive
a second and an additional 19% of drivers did not receive more than two
between 2019 and 2021.
New York City's program and those of other municipalities have demon-
strated that speed camera programs make streets safer, Hopefully, these
speed cameras will help avoid new tragedies in the City of Poughkeepsie
near its schools.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire and be deemed repealed December 31, 2030.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.

Statutes affected:
S9454: 87 public officers law, 87(2) public officers law