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.
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.
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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05668-01-1