T2026-2709

Int. No. By Council Members Santosuosso, Maloney, Abreu, Restler, Hanif, Hudson, Epstein and Won ..Title A Local Law to amend the administrative code of the city of New York, in relation to establishing a demonstration program for the installation and maintenance of intelligent speed assistance devices ..Body Be it enacted by the Council as follows: Section 1. Title 19 of the administrative code of the city of New York is amended by adding a new chapter 13 to read as follows: CHAPTER 13 INTELLIGENT SPEED ASSISTANCE DEVICE DEMONSTRATION PROGRAM § 19-1301 Definitions. As used in this chapter, the following terms have the following meanings: Administering agency. The term “administering agency” has the same meaning as set forth in paragraph a of subdivision 1 of section 1642-b of the vehicle and traffic law. Authorized emergency vehicle. The term “authorized emergency vehicle” has the same meaning as set forth in section 101 of the vehicle and traffic law. Business entity. The term “business entity” means 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. Installation period. The term “installation period” means the mandatory period of time that an owner is required to install and maintain an intelligent speed assistance device pursuant to section 19-1304. Intelligent speed assistance device. The term “intelligent speed assistance device” has the same meaning as set forth in paragraph c of subdivision 1 of section 1642-b of the vehicle and traffic law. Licensed vehicle. The term “licensed vehicle" has the same meaning as set forth in section 19-502 of the administrative code of the city of New York. Motor vehicle. The term “motor vehicle” has the same meaning as set forth in section 125 of the vehicle and traffic law. Owner. The term “owner” has the same meaning as set forth in section 128 of the vehicle and traffic law. § 19-1302 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 16 notices of liability issued within a period of 12 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 the city when a school speed limit is in effect as provided in paragraphs 1 and 2 of subdivision (c) of section 1180 of the vehicle and traffic law or when other speed limits are in effect as provided in subdivisions (b), (d), (f), or (g) of 1180 of the vehicle and traffic law through the installation and operation of photo speed violation-monitoring systems in accordance with article 30 of the vehicle and traffic law, such administering agency shall order the installation of an intelligent speed assistance device on such motor vehicle and, except as otherwise provided in section 19-1314, on each other motor vehicle owned by such owner during the relevant installation period. b. The administering agency shall send such owner no fewer than 2 written notices that such owner is required to install and maintain a functioning intelligent speed assistance device, of a model and type as specified pursuant to section 19-1309, for the applicable installation period as provided in section 19-1304. Such notices shall include: 1. A date certain by which an intelligent speed assistance device must be installed; 2. A statement that the owner must provide the administering agency with proof of compliance within 30 days of the date the owner is ordered to install such device and instructions for how to submit such proof; 3. 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; 4. 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 5. 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. c. 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 1 of subdivision b of this section, an additional written notification shall be sent to such owner to notify such owner of such failure and of the statements and warning set forth in paragraphs 2, 3, 4, and 5 of such subdivision. § 19-1303 Contestation of an order to install. a. The administering agency shall offer an opportunity to each owner to formally contest an order to install an intelligent speed assistance device following the issuance of such an order and prior to the date certain that such device must be installed as set forth in the written notices provided pursuant to section 19-1302. Such opportunity to contest shall not permit an owner to contest any notices of liability previously adjudicated to finality where such owner was found liable for monetary penalties issued pursuant to section 1180-b of the vehicle and traffic law. b. The administering agency shall promulgate rules establishing criteria to be considered in determining whether an order that has been contested pursuant to subdivision a of this section shall be upheld or withdrawn. Such criteria shall include, at a minimum, whether a vehicle subject to such order is exempt pursuant to section 19-1314. c. Following a proper contestation submission, the relevant installation period shall not commence until such contestation process has fully completed and the order has been upheld or withdrawn. § 19-1304 Installation period. An owner required to install and maintain an intelligent speed assistance device pursuant to this chapter shall install and maintain a functioning intelligent speed assistance device for a period of: 1. Twelve months for the first time an owner is ordered to install an intelligent speed assistance device; 2. Twenty-four months for the second time such owner is ordered to install an intelligent speed assistance device within a period of 10 years of completing the first term of installation; 3. Thirty-six months for the third time such owner is ordered to install an intelligent speed assistance device within a period of 15 years of completing the first terms of installation; and 4. A period not to conclude until such time as the administering agency approves such removal for the fourth or subsequent time such owner is ordered to install an intelligent speed assistance device. § 19-1305 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 this chapter shall provide proof of installation to the administering agency, in such manner and form as the administering agency shall prescribe by rule, within 30 days of the date certain that such device must be installed by such owner as ordered by the administering agency. b. For each intelligent speed assistance device required to be installed and maintained pursuant to this chapter, the administering agency shall notify the commissioner of motor vehicles in such manner and form as such commissioner may prescribe pursuant to paragraph b of subdivision 5 of section 1642-b of the vehicle and traffic law. c. The administering agency may adopt rules to provide for further monitoring of compliance of owners required to install and maintain intelligent speed assistance devices pursuant to this chapter. § 19-1306 Removal. Upon the conclusion of the period in which an owner is required to install and maintain an intelligent speed assistance device pursuant to this chapter, the administering agency shall provide written notification authorizing the removal of such device to such owner and shall notify the commissioner of motor vehicles of such removal in such manner and form as such commissioner may prescribe pursuant to paragraph b of subdivision 4 of section 1642-b of the vehicle and traffic law. § 19-1307 Cost of installation, maintenance, and removal. a. The cost of installation, maintenance, including repair and replacement, and removal of an intelligent speed assistance device required to be installed and maintained pursuant to this chapter shall be borne by the owner subject to such condition. Such cost may be paid in installments at no additional charge to the owner. The administering agency shall offer such owner the opportunity to enter into an installment payment plan at any time. b. When the administering agency determines that an owner required to install and maintain an intelligent speed assistance device pursuant to this chapter is financially unable to afford the costs described in subdivision a of this section, such costs shall be waived. An owner shall be presumptively deemed to be financially unable to afford such costs if the owner's household income is at or below 200 percent of the federal poverty level as documented. § 19-1308 Use of service providers. The installation, calibration, maintenance, and removal of an intelligent speed assistance device pursuant to this chapter shall be completed by a service provider approved by the administering agency pursuant to section 19-1309. § 19-1309 Certification and standards. a. The administering agency shall approve intelligent speed assistance devices and service providers of intelligent speed assistance devices and shall publish a list of approved devices and service providers which shall be publicly available online. b. 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 section 19-1311. Service providers shall also be responsible for providing written user instructions and device guidelines to owners whose vehicles are equipped with such devices. c. After consultation with manufacturers of intelligent speed assistance devices, the administering agency shall promulgate rules regarding standards for, and use of, intelligent speed assistance devices. Such standards shall include provisions for device calibration and shall also include, at a minimum, requirements that the devices: 1. 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 a feature that allows for the manual override of a device’s speed restrictions past the speed limit, if necessary, based on traffic conditions shall not be considered a feature to circumvent or bypass the device; 2. Work accurately and reliably in an unsupervised environment; 3. Resist tampering and give evidence if tampering is attempted; 4. Minimize inconvenience to users of the motor vehicle; 5. Operate reliably over the range of motor vehicle environments and motor vehicle manufacturing standards; and 6. Are manufactured by a party covered by product liability insurance and liability insurance against installation and maintenance errors. § 19-1310 Warning label. The administering agency shall design a warning label which the manufacturer or service provider shall affix to each intelligent speed assistance device upon installation in the state. Such 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. § 19-1311 Data privacy. a. The administering agency shall implement measures to protect the privacy of owners required to install and maintain intelligent speed assistance devices. Such measures shall include, at a minimum: 1. Encrypting of information and data created, collected, recorded, or otherwise captured by such devices including, at a minimum: (a) Personally identifiable information; (b) Geolocation data; and (c) Any data and information shared between the administering agency and the manufacturers and service providers of such devices; 2. De-identifying or aggregating of motor vehicle geolocation data; 3. Collecting only the information from such devices that is strictly necessary to monitor compliance by an owner required to install and maintain such device; 4. Creating a framework in accordance with state law for data collection, storage, sharing, and destruction that adheres to the data privacy protection measures described in this section; 5. Informing owners required to install and maintain such devices of the data collected, how such data is used, and with whom such data may be shared; 6. Enforcing compliance with the privacy protection measures described in this section including, at a minimum, security audits to ensure consistent application and ongoing compliance by: (a) The administering agency; (b) Intelligent speed assistance device manufacturers; and (c) Intelligent speed assistance device service providers; 7. Creating information security standards, including at a minimum: (a) Identifying and assessing internal and external security risks; (b) Physical access controls; (c) Up-to-date anti-malware software; and (d) Documented incident response procedures; and 8. Ensuring compliance with paragraph b of subdivision 7 of section 1642-b of the vehicle and traffic law. b. 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 this chapter. Any person, firm, association, partnership, limited liability company, corporation, manufacturer, or service provider shall destroy such information and data upon the completion of the term of such installation and maintenance. For purposes of this subdivision, the term “third party” shall not include an administering agency. § 19-1312 Circumvention of intelligent speed assistance devices. a. No person shall tamper with or circumvent an otherwise operable intelligent speed assistance device. b. Violations of subdivision a of this section shall be punishable as provided in paragraph a of subdivision 9 of section 1642-b of the vehicle and traffic law. § 19-1313 Failure to install intelligent speed assistance devices. a. No person required to install an intelligent speed assistance device pursuant to this chapter shall fail to install such device and provide proof of such installation to the administering agency pursuant to section 19-1305, absent a finding by the administering agency of good cause for such failure. b. Violations of subdivision a of this section shall be punishable as provided in paragraph b of subdivision 9 of section 1642-b of the vehicle and traffic law. 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 3 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 pursuant to a photo speed violation monitoring system demonstration program in accordance with article 30 of the vehicle and traffic law after having failed to comply with an order to install an intelligent speed assistance device on such motor vehicle pursuant to this chapter by the date ordered shall constitute a traffic infraction punishable by a fine of not less than $1,500 nor more than $2,500; provided, however, that no traffic violation pursuant to this subdivision 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 section 19-306. Following final adjudication of such traffic infraction, the relevant installation period shall be extended by 12 months. § 19-1314 Exemptions. The following motor vehicles shall be exempt from the requirements of this chapter: 1. 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; 2. Motor vehicles owned or leased by a business entity that are routinely operated by 2 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 a of section 19-1302, such particular vehicle shall be subject to the requirements of this chapter; 3. Licensed vehicles; 4. Authorized emergency vehicles; and 5. Any other category of vehicle for which installation of an intelligent speed assistance device would not further the purposes of this chapter or would impair public safety or general welfare, as determined by the administering agency. § 19-1315 Report. The administering agency shall submit the report required pursuant to subdivision 11 of section 1642-b of the vehicle and traffic law to the mayor and the speaker of council by the same date such report must be submitted the governor, the temporary president of the senate, the speaker of the assembly, and the chairs of the senate and assembly transportation committees pursuant to such subdivision. § 2. This local law takes effect on May 26, 2027, except that the administering agency, as defined in section 19-1301 of the administrative code of the city of New York as added by section one of this local law, shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. This local law expires and is deemed repealed on July 1, 2032. TBM LS #23720/24083/24831/25116/25517 10/16/2026 3:00 PM