N.Y. Vehicle & Traffic Law § 1642-b: Installation and operation of intelligent speed assistance devices; demonstration program in the city of New York

* § 1642-b. Installation and operation of intelligent speed assistance

devices; demonstration program in the city of New York. 1. Definitions.

For the purposes of this section, the following terms shall have the

following meanings:

a. "Administering agency" shall mean one or more agencies and/or

administrative tribunals designated by the mayor of a city having a

population in excess of one million to administer an intelligent speed

assistance device demonstration program authorized pursuant to this

section; provided, however, that a non-governmental entity shall not be

designated as an administering agency;

b. "Installation period" shall mean the mandatory period of time that

an owner is required to install and maintain an intelligent speed

assistance device pursuant to a local law or ordinance adopted pursuant

to this section;

c. "Intelligent speed assistance device" shall mean a device installed

on a motor vehicle utilizing technology to restrict the speed of the

motor vehicle based on the maximum speed limits established pursuant to

this chapter where such motor vehicle is being operated. Such technology

shall allow for the manual override of such restrictions past the speed

limit, if necessary, based on traffic conditions; and

d. "Owner" shall have the same meaning as provided in section one

hundred twenty-eight of this chapter.

2. Establishment. Notwithstanding any provision of law to the

contrary, the city of New York is hereby authorized and empowered to

adopt and amend a local law or ordinance establishing a demonstration

program authorizing the imposition of a requirement on the owner of a

particular motor vehicle who has been found liable for monetary

penalties for violations, in a school speed zone within such city, of

subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty

of this chapter imposed pursuant to a demonstration program imposing

monetary liability on the owner of a vehicle for failure of an operator

thereof to comply with such posted maximum speed limits through the

installation and operation of photo speed violation monitoring systems,

in accordance with article thirty of this chapter following entry of a

final decision or decisions in response to sixteen notices of liability

issued within a twelve month period to such owner with respect to such

particular motor vehicle for failure of an operator thereof to comply

with such posted maximum speed limits in a school speed zone within such

city pursuant to such photo speed violation monitoring system

demonstration program, to install and maintain an intelligent speed

assistance device in accordance with the provisions of a local law or

ordinance adopted pursuant to this section. Such local law or ordinance

may provide for exemptions for certain categories of vehicles for which

installation of an intelligent speed assistance device would not further

the purposes of such demonstration program or which could otherwise

impair public safety or general welfare. Provided, however, that the

following shall be exempt from the demonstration program authorized

pursuant to this section: (a) motor vehicles owned or leased by the

state, a governmental entity, a public authority, a county, town, city,

village or any other political subdivision of the state; (b) motor

vehicles owned or leased by a business entity that are routinely

operated by two or more of such entity's workers, provided, however,

that if a business entity assigns a vehicle to a single worker, and

during the period of such assignment the vehicle has been made subject

to an order for installation of an intelligent speed assistance device

as set forth in subdivision three of this section, such particular

vehicle shall be subject to the provisions of this section; (c) licensed

vehicles as defined in section 19-502 of the administrative code of the

city of New York, regulated by the New York city taxi and limousine

commission; and (d) authorized emergency vehicles. For purposes of this

subdivision, the term "business entity" shall mean an entity organized

under the laws of the state, or authorized to do business in the state,

including but not limited to, business corporations, limited liability

companies, partnerships, or not-for-profit corporations, but shall not

include such entities organized or authorized that do not perform a bona

fide business purpose, nor entities owned by a single person or

household, including but not limited to single-member limited liability

companies or single shareholder corporations.

3. Determination and notification. a. Whenever the administering

agency determines that an owner of a particular motor vehicle has been

found liable for monetary penalties following entry of a final decision

or decisions in response to sixteen notices of liability issued within a

period of twelve months with respect to such particular motor vehicle

for failure of an operator thereof to comply with posted maximum speed

limits in a school speed zone within such city when a school speed limit

is in effect as provided in paragraphs one and two of subdivision (c) of

section eleven hundred eighty of this chapter or when other speed limits

are in effect as provided in subdivision (b), (d), (f) or (g) of section

eleven hundred eighty of this chapter through the installation and

operation of photo speed violation-monitoring systems in accordance with

article thirty of this chapter, such administering agency shall order

the installation of an intelligent speed assistance device on such motor

vehicle and, except as otherwise provided in paragraph (b) of

subdivision two of this section, on each other motor vehicle owned by

such owner during the relevant installation period. Such administering

agency shall send such owner no fewer than two written notices that they

are required to install and maintain a functioning intelligent speed

assistance device, of a model and type as specified pursuant to a local

law or ordinance adopted pursuant to this section, for the applicable

installation period as provided in subdivision four of this section.

Such notifications shall include: (i) a date certain by which an

intelligent speed assistance device must be installed; (ii) a statement

that the owner must provide the administering agency with proof of

compliance within thirty days of the date the owner is ordered to

install such device and instructions for how to submit such proof; (iii)

a statement that the owner shall be responsible for the cost of

installing, maintaining, and removing such device absent a finding of

financial inability to pay, the approximate cost to the owner of

installing, maintaining, and removing such device, and that such costs

may be paid in installments; (iv) information advising the owner of the

manner and the time in which they may contest the order to install an

intelligent speed assistance device; and (v) prominent warnings that

failure to install such device and failure to submit proof of such

compliance could result in a violation, registration suspension, and an

extension of the installation period unless the administering agency

makes a finding of good cause for such failure. Such administering

agency shall also offer an opportunity to each owner to formally contest

an order to install an intelligent speed assistance device following the

issuance of such order and prior to the date certain that such device

must be installed pursuant to subdivision five of this section, and

pursuant to published criteria to be considered in determining whether

such order shall be upheld or withdrawn, which shall include whether

such vehicles are exempt pursuant to subdivision two of this section,

provided that: (A) such opportunity shall not permit such owner to

contest any notices of liability previously adjudicated to finality

where such owner was found liable for monetary penalties issued pursuant

to section eleven hundred eighty-b of this chapter; and (B) following a

proper contestation submission, the relevant installation period shall

not commence until such contestation process has fully completed and

such order shall have been upheld or withdrawn.

b. Following the failure of an owner to install an intelligent speed

assistance device by the date certain required to be provided to such

owner pursuant to paragraph (a) of this subdivision, an additional

written notification shall be sent to such owner to notify them of such

failure and of the statements and warning set forth in subparagraphs

(ii), (iii), (iv) and (v) of such paragraph.

4. Installation and removal. a. An owner required to install and

maintain an intelligent speed assistance device pursuant to a local law

or ordinance adopted pursuant to this section shall install and maintain

a functioning intelligent speed assistance device in accordance with the

provisions of such local law or ordinance: (i) for a period of twelve

months for the first time an owner is ordered to install an intelligent

speed assistance device under this subdivision; (ii) for a period of

twenty-four months the second time such owner is mandated to install an

intelligent speed assistance device under this subdivision within a

period of ten years of completing the first term of installation; (iii)

for a period of thirty-six months the third time such owner is mandated

to install an intelligent speed assistance device under this subdivision

within a period of fifteen years of completing the first term of

installation; and (iv) for the fourth or subsequent time such owner is

mandated to install an intelligent speed assistance device under this

subdivision, a period of time not to conclude until such time as the

administering agency approves such removal.

b. Upon the conclusion of the period in which an owner is required to

install and maintain an intelligent speed assistance device, the

administering agency of such city shall provide written notification

authorizing the removal of such device to such owner and shall notify

the commissioner in such manner and form as the commissioner may

prescribe, and the commissioner shall remove any corresponding notation

on each applicable registration record of such owner.

5. Monitoring of compliance and recording of condition. a. The owner

of a motor vehicle required to install and maintain an intelligent speed

assistance device pursuant to a local law or ordinance adopted pursuant

to this section shall provide proof of installation to the administering

agency of such city, in a manner provided by such local law or

ordinance, within thirty days of the date certain that such device must

be installed by such owner as ordered by the administering agency.

b. When the administering agency of such city imposes the condition

specified in subdivision three of this section, it shall notify the

commissioner in such manner and form as the commissioner may prescribe,

and, if practicable, the commissioner shall note such condition on the

owner's registration record of each motor vehicle subject to such

condition.

c. A local law or ordinance adopted pursuant to this section shall

provide for the monitoring of compliance of owners required to install

and maintain an intelligent speed assistance device pursuant to a

demonstration program established pursuant to this section.

6. Cost of installation and maintenance. a. The cost of installation,

maintenance including repair and replacement, and removal of the

intelligent speed assistance device shall be borne by the owner subject

to such condition and such cost may be paid in installments at no charge

to the owner. The administering agency shall offer such owners the

opportunity to enter into an installment payment plan at any time.

Provided, however, that when the administering agency determines such

owner is financially unable to afford such cost, such cost shall be

waived. An owner shall be presumptively deemed to be financially unable

to afford such cost if the owner's household income is at or below two

hundred percent of the federal poverty level as documented.

b. The service provider of the device shall be responsible for the

installation, calibration, maintenance, and removal of such device. The

service provider shall also be responsible for providing written user

instructions and device guidelines to owners whose vehicles are equipped

with such devices.

7. Privacy. a. A local law or ordinance adopted pursuant to this

section shall include measures to protect the privacy of owners required

to install and maintain intelligent speed assistance devices and to

enforce such measures. Such measures shall include:

(i) encryption of information and data created, collected, recorded,

or otherwise captured by intelligent speed assistance devices installed

and maintained by owners including, but not limited to, personally

identifiable information, geolocation data, and any data and information

shared between administering agencies and the manufacturers and service

providers of such devices;

(ii) de-identifying or aggregating of motor vehicle geolocation data;

(iii) restricting the information obtained by the administering agency

from intelligent speed assistance devices to only that which is strictly

necessary to monitor compliance by an owner required to install and

maintain an intelligent speed assistance device;

(iv) creation of a framework in accordance with state law for data

collection, storage, sharing, and destruction that adheres to the

restrictions provided in this subdivision;

(v) methods to inform owners required to install and maintain

intelligent speed assistance devices of what data is collected, how it

is used, and with whom it may be shared;

(vi) oversight procedures to enforce compliance with the privacy

protection measures under this subdivision and any local law or

ordinance adopted pursuant to this section including but not limited to

security audits to ensure consistent application and ongoing compliance

of the administering agency, intelligent speed assistance device

manufacturers and service providers; and

(vii) information security standards including identifying and

assessing internal and external security risks, physical access

controls, up-to-date anti-malware software, and documented incident

response procedures.

b. Information and data created, collected, recorded, or otherwise

captured by intelligent speed assistance devices shall be for the

exclusive use of the city of New York for the sole purpose of monitoring

compliance with the requirement of an owner to install and maintain an

intelligent speed assistance device, and shall be destroyed by such city

upon the completion of the term of such installation and maintenance.

Notwithstanding the provisions of any other law, rule or regulation to

the contrary, information and data from an intelligent speed assistance

device shall not be open to the public, nor subject to civil or criminal

process or discovery, nor used by any court or administrative or

adjudicatory body in any action or proceeding therein except that which

is necessary for the monitoring of compliance pursuant to this section,

and no public entity or employee, officer or agent thereof shall

disclose such information, except that such information and data shall

be available for inspection and copying and use by the motor vehicle

owner for so long as such information and data are required to be

maintained or are maintained by such public entity, employee, officer or

agent.

c. No person, firm, association, partnership, limited liability

company, corporation, manufacturer or service provider shall sell,

share, transfer, publish, lease, release, or otherwise make available to

any third party any personally identifiable information or any

information and data created, collected, recorded, or otherwise captured

by intelligent speed assistance devices installed and maintained by

owners pursuant to a local law adopted pursuant to this section, and

shall destroy such information and data upon the completion of the term

of such installation and maintenance. For the purposes of this

paragraph, "third party" shall not include an administering agency.

8. Certification and standards. a. The administering agency shall

approve intelligent speed assistance devices and service providers of

intelligent speed assistance devices pursuant to a local law or

ordinance adopted pursuant to this section and shall publish a list of

approved devices and service providers which shall be publicly

available. Service providers approved by the administering agency shall

be required to be qualified to install, calibrate, service, and remove

approved intelligent speed assistance devices, and shall comply with the

privacy requirements of subdivision seven of this section and any local

law or ordinance adopted pursuant to this section.

b. After consultation with manufacturers of intelligent speed

assistance devices, the administering agency shall promulgate

regulations regarding standards for, and use of, intelligent speed

assistance devices. Such standards shall include provisions for device

calibration and shall also include, but not be limited to, requirements

that the devices:

(i) have features that make circumventing or bypassing the device

difficult and that do not interfere with the normal or safe operation of

the motor vehicle, provided that the manual override referenced in

paragraph c of subdivision one of this section shall not be considered a

feature to circumvent or bypass the device;

(ii) work accurately and reliably in an unsupervised environment;

(iii) resist tampering and give evidence if tampering is attempted;

(iv) minimize inconvenience to users of the motor vehicle;

(v) operate reliably over the range of motor vehicle environments and

motor vehicle manufacturing standards; and

(vi) are manufactured by a party covered by product liability

insurance and liability insurance against installation and maintenance

errors.

9. Circumvention of intelligent speed assistance device; installation.

a. No person shall tamper with or circumvent an otherwise operable

intelligent speed assistance device. A first violation of this paragraph

shall be a traffic infraction punishable by a fine of not less than

fifteen hundred dollars nor more than twenty-five hundred dollars and

the commissioner shall suspend the registration of the motor vehicle

subject to the tampered or circumvented device pursuant to paragraph (a)

of subdivision four-i of section five hundred ten of this chapter for

twelve months and the relevant installation period shall be extended by

six months. A subsequent violation of this paragraph shall be a traffic

infraction punishable by a fine of not less than fifteen hundred dollars

nor more than twenty-five hundred dollars and the commissioner shall

suspend the registration of the motor vehicle subject to the tampered or

circumvented device pursuant to paragraph (a) of subdivision four-i of

section five hundred ten of this chapter for a period of twelve months

and the relevant installation period shall be extended by twelve months.

b. No person required to install an intelligent speed assistance

device pursuant to a local law or ordinance adopted pursuant to this

section shall fail to install such device and provide proof of such

installation to the administering agency within thirty days of the date

certain that such device must be installed by such owner as ordered by

the administering agency, absent a finding by the administering agency

of good cause for that failure. A violation of this paragraph shall be a

traffic infraction punishable by a fine of not less than fifteen hundred

dollars nor more than twenty-five hundred dollars. Upon the failure by

an owner to install such device and provide proof of such installation

to the administering agency within forty-five days of the date certain

that such device must be installed by such owner as ordered by the

administering agency, absent a finding by the administering agency of

good cause for that failure, the commissioner shall suspend the

registration of the relevant motor vehicle pursuant to paragraph (b) of

subdivision four-i of section five hundred ten of this chapter.

c. Notwithstanding the provisions of any other law, rule or regulation

to the contrary, following entry of a final decision or decisions in

response to three notices of liability issued to an owner of a

particular motor vehicle for failure of an operator thereof to comply

with posted maximum speed limits in a school speed zone within the city

of New York pursuant to a photo speed violation monitoring system

demonstration program in accordance with article thirty of this chapter

after having failed to comply with an order to install an intelligent

speed assistance device on such motor vehicle pursuant to a local law or

ordinance adopted in accordance with this section by the date ordered

shall constitute a traffic infraction punishable by a fine of not less

than fifteen hundred dollars nor more than twenty-five hundred dollars;

provided, however, that no traffic violation shall occur if any such

notice of liability is issued following the expiration of the relevant

installation period and authorization of the removal of the intelligent

speed assistance device in accordance with subdivision four of this

section. Following final adjudication of such traffic infraction the

relevant installation period shall be extended by twelve months.

d. Following an order by the administering agency to a motor vehicle

owner to install an intelligent speed assistance device with respect to

such vehicle, the commissioner may, in their discretion, deny a

registration or renewal application to any other person for the same

vehicle and may deny a registration or renewal application for any other

motor vehicle registered in the name of the applicant where the

commissioner has determined that such registrant's intent has been to

evade the purposes of this section and where the commissioner has

reasonable grounds to believe that such registration or renewal will

have the effect of defeating the purposes of this section. Such denial

shall only remain in effect until the administering agency has sent the

owner written notification authorizing the removal of such intelligent

speed assistance device.

10. Warning label. The local law or ordinance adopted pursuant to this

section shall provide for the design of a warning label which the

manufacturer or service provider shall affix to each intelligent speed

assistance device upon installation in the state. The label shall

contain a warning that any person tampering or circumventing the device

is guilty of a violation and may be subject to civil liability.

11. Reporting of program results. a. By July first, two thousand

twenty-eight and every two years thereafter in which the demonstration

program is operable, the administering agency shall submit a report to

the governor, the temporary president of the senate, the speaker of the

assembly, and the chairs of the senate and assembly transportation

committees on the results of any demonstration program authorized by

subdivision two of this section. Such report shall include at minimum

and with respect to the preceding twenty-four months:

(i) the aggregate number of motor vehicle owners ordered to install an

intelligent speed assistance device in accordance with subdivision three

of this section, the aggregate number of such motor vehicles subject to

such orders in total, and in the aggregate by county within New York

state and within any other state;

(ii) the aggregate number of contestations elected by motor vehicle

owners in accordance with paragraph a of subdivision three of this

section and the percentage of such contestations resulting in (A) an

upheld or (B) a withdrawn order;

(iii) in the aggregate, the number of motor vehicle owners authorized

to remove such device, the number of motor vehicles to which such

removal authorization applies, and the relevant installation period for

each such device, pursuant to subdivision four of this section, which

shall be anonymized;

(iv) in the aggregate, the number of motor vehicle owners for whom the

cost of device installation was waived pursuant to subdivision six of

this section;

(v) the list of service providers of intelligent speed assistance

devices approved pursuant to subdivision eight hereof;

(vi) the aggregate number of violations for paragraphs a and b of

subdivision nine of this section that were adjudicated and the results

of such adjudications including breakdowns of dispositions made;

(vii) the number and amount of fines imposed, and the aggregate number

of registrations suspended, for violations of paragraphs a and b of

subdivision nine of this section; and

(viii) the effectiveness and adequacy of the demonstration program to

determine the impact on speeding violations and prevention of crashes.

b. Such report shall also be made publicly available on the website of

the New York city department of transportation.

* NB Effective May 26, 2027

* NB Repealed July 1, 2032