Bill S1616-2011

Relates to the monitoring of vehicular traffic speed by electronic toll collection systems operated by public authorities

Relates to the monitoring of vehicular traffic speed by electronic toll collection systems operated by public authorities; prohibits the public authority from making such vehicle speed data available to any law enforcement personnel for the purposes of issuing a citation or traffic ticket.

Details

Actions

  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 10, 2011: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S1616

TITLE OF BILL: An act to amend the public authorities law, in relation to the monitoring of vehicular traffic speed by electronic toll collection systems

PURPOSE: To prevent the authorities from using E-Z pass toll tags to catch speeding drivers.

SUMMARY OF PROVISIONS: Section 1 of the bill would prohibit authorities from using vehicle speed data obtained by an electronic toll collection system to issue speeding tickets.

EXISTING LAW: Section 2985 (15) of the public authorities law defines an electronic toll collection system as a system that collects tolls or charges an account holder by transmission of information from an electronic device on a motor vehicle to a toll lane. Section 2985 (14) does not permit the public authority to sell, distribute, or make available in any way the name and addresses of E-Z pass account holders for commercial purposes without such account holders consent. However, this section does allow the exchange of such information between entities with jurisdiction over and or operating a toll highway bridge and tunnel facility.

JUSTIFICATION: Transportation officials have installed E-Z Pass monitors on 150 miles of highway in New York and New Jersey to detect traffic congestion. Although the data collected by the monitors is scrambled to protect driver's privacy, a law is still needed to ensure that the devices are not used to identify speeders. The use of the E-Z Pass system is intended to reduce traffic congestions, traffic delays and air pollution.

Therefore, the incentive for operators of motor vehicles to install E-Z Pass monitors in their motor vehicles should not be compromised by the use of this system to issue speeding tickets.

LEGISLATIVE HISTORY: 2009-10: S.4232

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act should take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1616 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to the monitor- ing of vehicular traffic speed by electronic toll collection systems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2985 of the public authorities law is amended by adding a new subdivision 15 to read as follows: 15. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO VEHICLE SPEED DATA GATHERED BY AN ELECTRONIC TOLL COLLECTION SYSTEM FOR PURPOSES OF MONI- TORING VEHICULAR TRAFFIC SPEED BY A PUBLIC AUTHORITY SHALL BE MADE AVAILABLE BY SUCH PUBLIC AUTHORITY TO ANY LAW ENFORCEMENT PERSONNEL FOR THE ISSUANCE OF A CITATION OR TRAFFIC TICKET TO AN OPERATOR OF A VEHICLE FOR VIOLATION OF MOTOR VEHICLE SPEED LIMITS. S 2. This act shall take effect immediately.

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