Bill
A 11104
New York Rotterdam can test automatic speed cameras in school zones, holding vehicle owners liable for speeding, with penalties, notices, and annual evaluation.
Title: Establishes a school speed zone camera demonstration program in the town of Rotterdam
Jurisdiction: New York
Introduction
- Introduced in the New York Assembly on April 24, 2026 by Assemblymember Santabarbara (and co-sponsored by Angelo Santabarbara).
- Referred to the Committee on Transportation.
Purpose and Intent
- Create a town-level demonstration program in Rotterdam to levy owner liability for speeding violations detected by photo speed violation monitoring systems in school speed zones.
- Allow the town to test, monitor, and evaluate the use of automated speed enforcement in specified zones and time periods, with annual reporting to state leaders.
Key Provisions
1) Authorization and Scope (Vehicle and Traffic Law – new §1180-i)
- Rotterdam may establish a demonstration program that imposes monetary liability on vehicle owners for speeding violations detected in:
- School speed zones during school hours and ± one hour surrounding school days, and
- Periods of student activities at the school (up to 30 minutes before/after).
- The program may install photo speed violation monitoring systems in up to 10 school speed zones within the town and operate them in those zones during the specified times.
- Selection criteria for zones can include speed data, crash history, and roadway geometry.
2) System Requirements and Operations
- Each photo speed violation monitoring system must pass a self-test on the day of use and undergo an annual calibration check.
- Notice signs must be posted per MUTCD standards to inform drivers of the upcoming school speed zone and use of a speed camera.
- Operators of the systems must complete training and maintain a daily setup log documenting setup time, location, and self-test results.
- Annual calibration certificates must be kept on file.
3) Privacy, Data, and Access
- Devices should minimize identifying information (driver, passengers, contents) in images where practicable, but notices of liability may not be dismissed solely due to identifiable images if reasonable efforts were made to protect privacy.
- Images are for adjudication and owner notices only; access and retention are tightly controlled:
- Images not open to the public and not used in unrelated proceedings.
- Images may be disclosed under specific legal processes (search warrants, subpoenas) with conditions similar to standard criminal procedures.
4) Liability and Penalties
- An owner is liable if a vehicle (with owner’s permission) exceeds speed limits by more than 10 mph in a school speed zone per the violations enumerated.
- Liability is capped: penalties up to $50 per violation, with an additional up to $25 for failure to respond to a notice of liability.
- The liability does not constitute a conviction against the operator and is not part of the operator’s driving record or insurance history.
5) Notices and Adjudication
- Notices of liability are mailed within 14 business days (in-state owners) or 45 business days (out-of-state owners).
- Notices must include detailed information (vehicle, location, time, camera ID, images, and charging certificate) and explain contest procedures.
- Adjudication is handled by the Rotterdam Parking Violations Bureau or another town-authorized agency.
6) Special Provisions
- Lessor/Lessor-Fleet Protections: If a vehicle is leased, the owner may avoid liability if the lessor properly notifies the bureau and provides lessee information; the lessee may then be treated as the owner for liability purposes.
- Operator Defenses: If the operator lacked consent of the owner, a defense exists; there is a presumption of consent unless proven otherwise.
- Stolen Vehicle Defense: If the vehicle or plate was reported stolen before the violation and not recovered, the owner may defend against liability.
7) Reporting and Evaluation
- Annual reporting requirement to the Governor, Temporary President of the Senate, and Speaker of the Assembly by June 1, with data on:
- Locations and dates of use
- Crash/fatality/injury/property damage data within all school speed zones and within zones with cameras
- Violation counts by zone and over time (daily/weekly/monthly)
- Speed-violation categories (e.g., 10–20 mph over, 20–30 mph over, etc.)
- Notices issued, fines collected, adjudications, dispositions
- Town revenue and program expenses
- Quality of adjudication process
8) Effective Date and Sunset
- Effective 30 days after enactment.
- Demonstration program expires December 31, 2031, at which point provisions deemed repealed unless extended.
- Authorities may implement needed regulations immediately to prepare for the act’s effective date.
Additional Provisions
- Public Officers Law amendment: Adds a reference to photographs and recorded images produced under section 1180-i for official records.
- Section 103 of the General Municipal Law governs purchasing or leasing equipment for the program.
Impact and Implications
Local Impact:
Statewide Context:
Notes
- The bill includes explicit protections for privacy and limits on image use and retention.
- It provides a clear structure for notices, penalties, and appeals, while ensuring recovery options for lessors and protections for stolen vehicles.
- The program’s effectiveness would be evaluated annually through specified reporting requirements.
Compiled from official sources — confirm details with the bill’s official record.
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