N.Y. Veh. & Traf. Law § 1642-b

* § 1642-b. Installation and operation of intelligent speed assistance\ndevices; demonstration program in the city of New York. 1. Definitions.\nFor the purposes of this section, the following terms shall have the\nfollowing meanings:\n a. "Administering agency" shall mean one or more agencies and/or\nadministrative tribunals designated by the mayor of a city having a\npopulation in excess of one million to administer an intelligent speed\nassistance device demonstration program authorized pursuant to this\nsection; provided, however, that a non-governmental entity shall not be\ndesignated as an administering agency;\n b. "Installation period" shall mean the mandatory period of time that\nan owner is required to install and maintain an intelligent speed\nassistance device pursuant to a local law or ordinance adopted pursuant\nto this section;\n c. "Intelligent speed assistance device" shall mean a device installed\non a motor vehicle utilizing technology to restrict the speed of the\nmotor vehicle based on the maximum speed limits established pursuant to\nthis chapter where such motor vehicle is being operated. Such technology\nshall allow for the manual override of such restrictions past the speed\nlimit, if necessary, based on traffic conditions; and\n d. "Owner" shall have the same meaning as provided in section one\nhundred twenty-eight of this chapter.\n 2. Establishment. Notwithstanding any provision of law to the\ncontrary, the city of New York is hereby authorized and empowered to\nadopt and amend a local law or ordinance establishing a demonstration\nprogram authorizing the imposition of a requirement on the owner of a\nparticular motor vehicle who has been found liable for monetary\npenalties for violations, in a school speed zone within such city, of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter following entry of a\nfinal decision or decisions in response to sixteen notices of liability\nissued within a twelve month period to such owner with respect to such\nparticular motor vehicle for failure of an operator thereof to comply\nwith such posted maximum speed limits in a school speed zone within such\ncity pursuant to such photo speed violation monitoring system\ndemonstration program, to install and maintain an intelligent speed\nassistance device in accordance with the provisions of a local law or\nordinance adopted pursuant to this section. Such local law or ordinance\nmay provide for exemptions for certain categories of vehicles for which\ninstallation of an intelligent speed assistance device would not further\nthe purposes of such demonstration program or which could otherwise\nimpair public safety or general welfare. Provided, however, that the\nfollowing shall be exempt from the demonstration program authorized\npursuant to this section: (a) motor vehicles owned or leased by the\nstate, a governmental entity, a public authority, a county, town, city,\nvillage or any other political subdivision of the state; (b) motor\nvehicles owned or leased by a business entity that are routinely\noperated by two or more of such entity's workers, provided, however,\nthat if a business entity assigns a vehicle to a single worker, and\nduring the period of such assignment the vehicle has been made subject\nto an order for installation of an intelligent speed assistance device\nas set forth in subdivision three of this section, such particular\nvehicle shall be subject to the provisions of this section; (c) licensed\nvehicles as defined in section 19-502 of the administrative code of the\ncity of New York, regulated by the New York city taxi and limousine\ncommission; and (d) authorized emergency vehicles. For purposes of this\nsubdivision, the term "business entity" shall mean an entity organized\nunder the laws of the state, or authorized to do business in the state,\nincluding but not limited to, business corporations, limited liability\ncompanies, partnerships, or not-for-profit corporations, but shall not\ninclude such entities organized or authorized that do not perform a bona\nfide business purpose, nor entities owned by a single person or\nhousehold, including but not limited to single-member limited liability\ncompanies or single shareholder corporations.\n 3. Determination and notification. a. Whenever the administering\nagency determines that an owner of a particular motor vehicle has been\nfound liable for monetary penalties following entry of a final decision\nor decisions in response to sixteen notices of liability issued within a\nperiod of twelve months with respect to such particular motor vehicle\nfor failure of an operator thereof to comply with posted maximum speed\nlimits in a school speed zone within such city when a school speed limit\nis in effect as provided in paragraphs one and two of subdivision (c) of\nsection eleven hundred eighty of this chapter or when other speed limits\nare in effect as provided in subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this chapter through the installation and\noperation of photo speed violation-monitoring systems in accordance with\narticle thirty of this chapter, such administering agency shall order\nthe installation of an intelligent speed assistance device on such motor\nvehicle and, except as otherwise provided in paragraph (b) of\nsubdivision two of this section, on each other motor vehicle owned by\nsuch owner during the relevant installation period. Such administering\nagency shall send such owner no fewer than two written notices that they\nare required to install and maintain a functioning intelligent speed\nassistance device, of a model and type as specified pursuant to a local\nlaw or ordinance adopted pursuant to this section, for the applicable\ninstallation period as provided in subdivision four of this section.\nSuch notifications shall include: (i) a date certain by which an\nintelligent speed assistance device must be installed; (ii) a statement\nthat the owner must provide the administering agency with proof of\ncompliance within thirty days of the date the owner is ordered to\ninstall such device and instructions for how to submit such proof; (iii)\na statement that the owner shall be responsible for the cost of\ninstalling, maintaining, and removing such device absent a finding of\nfinancial inability to pay, the approximate cost to the owner of\ninstalling, maintaining, and removing such device, and that such costs\nmay be paid in installments; (iv) information advising the owner of the\nmanner and the time in which they may contest the order to install an\nintelligent speed assistance device; and (v) prominent warnings that\nfailure to install such device and failure to submit proof of such\ncompliance could result in a violation, registration suspension, and an\nextension of the installation period unless the administering agency\nmakes a finding of good cause for such failure. Such administering\nagency shall also offer an opportunity to each owner to formally contest\nan order to install an intelligent speed assistance device following the\nissuance of such order and prior to the date certain that such device\nmust be installed pursuant to subdivision five of this section, and\npursuant to published criteria to be considered in determining whether\nsuch order shall be upheld or withdrawn, which shall include whether\nsuch vehicles are exempt pursuant to subdivision two of this section,\nprovided that: (A) such opportunity shall not permit such owner to\ncontest any notices of liability previously adjudicated to finality\nwhere such owner was found liable for monetary penalties issued pursuant\nto section eleven hundred eighty-b of this chapter; and (B) following a\nproper contestation submission, the relevant installation period shall\nnot commence until such contestation process has fully completed and\nsuch order shall have been upheld or withdrawn.\n b. Following the failure of an owner to install an intelligent speed\nassistance device by the date certain required to be provided to such\nowner pursuant to paragraph (a) of this subdivision, an additional\nwritten notification shall be sent to such owner to notify them of such\nfailure and of the statements and warning set forth in subparagraphs\n(ii), (iii), (iv) and (v) of such paragraph.\n 4. Installation and removal. a. An owner required to install and\nmaintain an intelligent speed assistance device pursuant to a local law\nor ordinance adopted pursuant to this section shall install and maintain\na functioning intelligent speed assistance device in accordance with the\nprovisions of such local law or ordinance: (i) for a period of twelve\nmonths for the first time an owner is ordered to install an intelligent\nspeed assistance device under this subdivision; (ii) for a period of\ntwenty-four months the second time such owner is mandated to install an\nintelligent speed assistance device under this subdivision within a\nperiod of ten years of completing the first term of installation; (iii)\nfor a period of thirty-six months the third time such owner is mandated\nto install an intelligent speed assistance device under this subdivision\nwithin a period of fifteen years of completing the first term of\ninstallation; and (iv) for the fourth or subsequent time such owner is\nmandated to install an intelligent speed assistance device under this\nsubdivision, a period of time not to conclude until such time as the\nadministering agency approves such removal.\n b. Upon the conclusion of the period in which an owner is required to\ninstall and maintain an intelligent speed assistance device, the\nadministering agency of such city shall provide written notification\nauthorizing the removal of such device to such owner and shall notify\nthe commissioner in such manner and form as the commissioner may\nprescribe, and the commissioner shall remove any corresponding notation\non each applicable registration record of such owner.\n 5. Monitoring of compliance and recording of condition. a. The owner\nof a motor vehicle required to install and maintain an intelligent speed\nassistance device pursuant to a local law or ordinance adopted pursuant\nto this section shall provide proof of installation to the administering\nagency of such city, in a manner provided by such local law or\nordinance, within thirty days of the date certain that such device must\nbe installed by such owner as ordered by the administering agency.\n b. When the administering agency of such city imposes the condition\nspecified in subdivision three of this section, it shall notify the\ncommissioner in such manner and form as the commissioner may prescribe,\nand, if practicable, the commissioner shall note such condition on the\nowner's registration record of each motor vehicle subject to such\ncondition.\n c. A local law or ordinance adopted pursuant to this section shall\nprovide for the monitoring of compliance of owners required to install\nand maintain an intelligent speed assistance device pursuant to a\ndemonstration program established pursuant to this section.\n 6. Cost of installation and maintenance. a. The cost of installation,\nmaintenance including repair and replacement, and removal of the\nintelligent speed assistance device shall be borne by the owner subject\nto such condition and such cost may be paid in installments at no charge\nto the owner. The administering agency shall offer such owners the\nopportunity to enter into an installment payment plan at any time.\nProvided, however, that when the administering agency determines such\nowner is financially unable to afford such cost, such cost shall be\nwaived. An owner shall be presumptively deemed to be financially unable\nto afford such cost if the owner's household income is at or below two\nhundred percent of the federal poverty level as documented.\n b. The service provider of the device shall be responsible for the\ninstallation, calibration, maintenance, and removal of such device. The\nservice provider shall also be responsible for providing written user\ninstructions and device guidelines to owners whose vehicles are equipped\nwith such devices.\n 7. Privacy. a. A local law or ordinance adopted pursuant to this\nsection shall include measures to protect the privacy of owners required\nto install and maintain intelligent speed assistance devices and to\nenforce such measures. Such measures shall include:\n (i) encryption of information and data created, collected, recorded,\nor otherwise captured by intelligent speed assistance devices installed\nand maintained by owners including, but not limited to, personally\nidentifiable information, geolocation data, and any data and information\nshared between administering agencies and the manufacturers and service\nproviders of such devices;\n (ii) de-identifying or aggregating of motor vehicle geolocation data;\n (iii) restricting the information obtained by the administering agency\nfrom intelligent speed assistance devices to only that which is strictly\nnecessary to monitor compliance by an owner required to install and\nmaintain an intelligent speed assistance device;\n (iv) creation of a framework in accordance with state law for data\ncollection, storage, sharing, and destruction that adheres to the\nrestrictions provided in this subdivision;\n (v) methods to inform owners required to install and maintain\nintelligent speed assistance devices of what data is collected, how it\nis used, and with whom it may be shared;\n (vi) oversight procedures to enforce compliance with the privacy\nprotection measures under this subdivision and any local law or\nordinance adopted pursuant to this section including but not limited to\nsecurity audits to ensure consistent application and ongoing compliance\nof the administering agency, intelligent speed assistance device\nmanufacturers and service providers; and\n (vii) information security standards including identifying and\nassessing internal and external security risks, physical access\ncontrols, up-to-date anti-malware software, and documented incident\nresponse procedures.\n b. Information and data created, collected, recorded, or otherwise\ncaptured by intelligent speed assistance devices shall be for the\nexclusive use of the city of New York for the sole purpose of monitoring\ncompliance with the requirement of an owner to install and maintain an\nintelligent speed assistance device, and shall be destroyed by such city\nupon the completion of the term of such installation and maintenance.\nNotwithstanding the provisions of any other law, rule or regulation to\nthe contrary, information and data from an intelligent speed assistance\ndevice shall not be open to the public, nor subject to civil or criminal\nprocess or discovery, nor used by any court or administrative or\nadjudicatory body in any action or proceeding therein except that which\nis necessary for the monitoring of compliance pursuant to this section,\nand no public entity or employee, officer or agent thereof shall\ndisclose such information, except that such information and data shall\nbe available for inspection and copying and use by the motor vehicle\nowner for so long as such information and data are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent.\n c. No person, firm, association, partnership, limited liability\ncompany, corporation, manufacturer or service provider shall sell,\nshare, transfer, publish, lease, release, or otherwise make available to\nany third party any personally identifiable information or any\ninformation and data created, collected, recorded, or otherwise captured\nby intelligent speed assistance devices installed and maintained by\nowners pursuant to a local law adopted pursuant to this section, and\nshall destroy such information and data upon the completion of the term\nof such installation and maintenance. For the purposes of this\nparagraph, "third party" shall not include an administering agency.\n 8. Certification and standards. a. The administering agency shall\napprove intelligent speed assistance devices and service providers of\nintelligent speed assistance devices pursuant to a local law or\nordinance adopted pursuant to this section and shall publish a list of\napproved devices and service providers which shall be publicly\navailable. Service providers approved by the administering agency shall\nbe required to be qualified to install, calibrate, service, and remove\napproved intelligent speed assistance devices, and shall comply with the\nprivacy requirements of subdivision seven of this section and any local\nlaw or ordinance adopted pursuant to this section.\n b. After consultation with manufacturers of intelligent speed\nassistance devices, the administering agency shall promulgate\nregulations regarding standards for, and use of, intelligent speed\nassistance devices. Such standards shall include provisions for device\ncalibration and shall also include, but not be limited to, requirements\nthat the devices:\n (i) have features that make circumventing or bypassing the device\ndifficult and that do not interfere with the normal or safe operation of\nthe motor vehicle, provided that the manual override referenced in\nparagraph c of subdivision one of this section shall not be considered a\nfeature to circumvent or bypass the device;\n (ii) work accurately and reliably in an unsupervised environment;\n (iii) resist tampering and give evidence if tampering is attempted;\n (iv) minimize inconvenience to users of the motor vehicle;\n (v) operate reliably over the range of motor vehicle environments and\nmotor vehicle manufacturing standards; and\n (vi) are manufactured by a party covered by product liability\ninsurance and liability insurance against installation and maintenance\nerrors.\n 9. Circumvention of intelligent speed assistance device; installation.\na. No person shall tamper with or circumvent an otherwise operable\nintelligent speed assistance device. A first violation of this paragraph\nshall be a traffic infraction punishable by a fine of not less than\nfifteen hundred dollars nor more than twenty-five hundred dollars and\nthe commissioner shall suspend the registration of the motor vehicle\nsubject to the tampered or circumvented device pursuant to paragraph (a)\nof subdivision four-i of section five hundred ten of this chapter for\ntwelve months and the relevant installation period shall be extended by\nsix months. A subsequent violation of this paragraph shall be a traffic\ninfraction punishable by a fine of not less than fifteen hundred dollars\nnor more than twenty-five hundred dollars and the commissioner shall\nsuspend the registration of the motor vehicle subject to the tampered or\ncircumvented device pursuant to paragraph (a) of subdivision four-i of\nsection five hundred ten of this chapter for a period of twelve months\nand the relevant installation period shall be extended by twelve months.\n b. No person required to install an intelligent speed assistance\ndevice pursuant to a local law or ordinance adopted pursuant to this\nsection shall fail to install such device and provide proof of such\ninstallation to the administering agency within thirty days of the date\ncertain that such device must be installed by such owner as ordered by\nthe administering agency, absent a finding by the administering agency\nof good cause for that failure. A violation of this paragraph shall be a\ntraffic infraction punishable by a fine of not less than fifteen hundred\ndollars nor more than twenty-five hundred dollars. Upon the failure by\nan owner to install such device and provide proof of such installation\nto the administering agency within forty-five days of the date certain\nthat such device must be installed by such owner as ordered by the\nadministering agency, absent a finding by the administering agency of\ngood cause for that failure, the commissioner shall suspend the\nregistration of the relevant motor vehicle pursuant to paragraph (b) of\nsubdivision four-i of section five hundred ten of this chapter.\n c. Notwithstanding the provisions of any other law, rule or regulation\nto the contrary, following entry of a final decision or decisions in\nresponse to three notices of liability issued to an owner of a\nparticular motor vehicle for failure of an operator thereof to comply\nwith posted maximum speed limits in a school speed zone within the city\nof New York pursuant to a photo speed violation monitoring system\ndemonstration program in accordance with article thirty of this chapter\nafter having failed to comply with an order to install an intelligent\nspeed assistance device on such motor vehicle pursuant to a local law or\nordinance adopted in accordance with this section by the date ordered\nshall constitute a traffic infraction punishable by a fine of not less\nthan fifteen hundred dollars nor more than twenty-five hundred dollars;\nprovided, however, that no traffic violation shall occur if any such\nnotice of liability is issued following the expiration of the relevant\ninstallation period and authorization of the removal of the intelligent\nspeed assistance device in accordance with subdivision four of this\nsection. Following final adjudication of such traffic infraction the\nrelevant installation period shall be extended by twelve months.\n d. Following an order by the administering agency to a motor vehicle\nowner to install an intelligent speed assistance device with respect to\nsuch vehicle, the commissioner may, in their discretion, deny a\nregistration or renewal application to any other person for the same\nvehicle and may deny a registration or renewal application for any other\nmotor vehicle registered in the name of the applicant where the\ncommissioner has determined that such registrant's intent has been to\nevade the purposes of this section and where the commissioner has\nreasonable grounds to believe that such registration or renewal will\nhave the effect of defeating the purposes of this section. Such denial\nshall only remain in effect until the administering agency has sent the\nowner written notification authorizing the removal of such intelligent\nspeed assistance device.\n 10. Warning label. The local law or ordinance adopted pursuant to this\nsection shall provide for the design of a warning label which the\nmanufacturer or service provider shall affix to each intelligent speed\nassistance device upon installation in the state. The label shall\ncontain a warning that any person tampering or circumventing the device\nis guilty of a violation and may be subject to civil liability.\n 11. Reporting of program results. a. By July first, two thousand\ntwenty-eight and every two years thereafter in which the demonstration\nprogram is operable, the administering agency shall submit a report to\nthe governor, the temporary president of the senate, the speaker of the\nassembly, and the chairs of the senate and assembly transportation\ncommittees on the results of any demonstration program authorized by\nsubdivision two of this section. Such report shall include at minimum\nand with respect to the preceding twenty-four months:\n (i) the aggregate number of motor vehicle owners ordered to install an\nintelligent speed assistance device in accordance with subdivision three\nof this section, the aggregate number of such motor vehicles subject to\nsuch orders in total, and in the aggregate by county within New York\nstate and within any other state;\n (ii) the aggregate number of contestations elected by motor vehicle\nowners in accordance with paragraph a of subdivision three of this\nsection and the percentage of such contestations resulting in (A) an\nupheld or (B) a withdrawn order;\n (iii) in the aggregate, the number of motor vehicle owners authorized\nto remove such device, the number of motor vehicles to which such\nremoval authorization applies, and the relevant installation period for\neach such device, pursuant to subdivision four of this section, which\nshall be anonymized;\n (iv) in the aggregate, the number of motor vehicle owners for whom the\ncost of device installation was waived pursuant to subdivision six of\nthis section;\n (v) the list of service providers of intelligent speed assistance\ndevices approved pursuant to subdivision eight hereof;\n (vi) the aggregate number of violations for paragraphs a and b of\nsubdivision nine of this section that were adjudicated and the results\nof such adjudications including breakdowns of dispositions made;\n (vii) the number and amount of fines imposed, and the aggregate number\nof registrations suspended, for violations of paragraphs a and b of\nsubdivision nine of this section; and\n (viii) the effectiveness and adequacy of the demonstration program to\ndetermine the impact on speeding violations and prevention of crashes.\n b. Such report shall also be made publicly available on the website of\nthe New York city department of transportation.\n * NB Effective May 26, 2027\n * NB Repealed July 1, 2032\n