Thank you for your support of H.B. 5429, Representative Roland Lemar’s traffic safety bill! The bill received a substantial amount of support during the public hearing; however, our work is not done yet! To get the bill passed, we need your help gathering cosponsors for the bill. Getting more legislators to sign up as cosponsors indicates to other Senators and Representatives that there is a lot of support for the bill.

We are asking supporters of the bill to reach out to your legislators, express your support for the bill, and ask them to cosponsor H.B. 5429. You can find the names and contact information for your state representatives here. You can read the bill and all of the submitted written testimony here.

Your email could look something like this:

Future calls to action: In mid-March, the bill will be voted on in the House of Representatives, and we will ask you to send another email to your House Representatives. In mid-April, the bill will be voted on in the Senate, and we will send an additional email asking you to email your Senator. If you would like to make sure you get a reminder, just fill out this form! Until then, we appreciate your support in gathering cosponsors for H.B. 5429!

Additional information about this Bill:

Highlights of Automated Speed Enforcement Provision

The 5-7 year pilot program would entail automated speed enforcement in maintenance work zones and a pilot program for automated speed enforcement in school zones in order to protect maintenance workers, students, pedestrians, cyclists, and drivers. 

• Cameras will only record images of license plate numbers (not drivers) and vehicle owners will have the opportunity to appeal a citation.

• Drivers exceeding the speed limit by 11 or more miles per hour (in school zones), or 12 or more miles per hour (in maintenance zones) would be detected by the automated enforcement device and fined $75 for the first violation and $95 for any additional violations. 

• Benefits include:

  • Reduced fatalities and injuries. In a metastudy of automated speed cameras, the cameras reduced the number of people killed or seriously injured by as much as 50 percent, with most studies reporting this result in the 30% to 40% reduction range.

  • Reduced speeding. During NYC’s use of speed cameras in school zones from 2014-17, 81% of drivers who received a ticket from a speed camera did not receive a second one, and speeding was reduced by over 60%.

  • Providing an alternative to traditional enforcement, which can be racially-biased and life-threatening. Traditional police enforcement of traffic laws shows clear evidence of racial bias as Black and Latino drivers are searched more often than white drivers when they are stopped. Automated traffic enforcement reduces potentially dangerous traffic stops and ensures consistent application of the law, reducing bias and increasing safety.

• Privacy Protections:

  •       Only speeding cameras (not red light cameras), and only in school zones (in up to 10 municipalities, for a 5-year pilot program) and highway work zones.

  • Cameras will record images of license plates only, not people.

  • People will only be ticketed for driving 11 MPH or more over the speed limit in a school zone, or 12 MPH or more over the speed limit in a work zone (and only while people are at work).

  • All defenses are available to alleged violators, including six enumerated defenses, the most significant being the defense that the registered owner was not driving the car at the time of the violation.

  • Data will not be disclosed to any outside entity (other than DOT, municipality, contractor, or state or local police), other than pursuant to judicial order.

  • If data is provided to a third party by judicial order, the registered driver will receive prompt notice (10 days).

  • Data will not be deemed a public record for FOIA purposes.

  • Any data will be destroyed either (1) within 60 days of the violation, if a citation is not issued; or (2) upon final disposition of the case, if a citation is issued.

  • Signs must be posted 500 feet in advance of school zones or work zones where a camera is operational.

  • Annual auditing by DOT to assure compliance with privacy regulations adopted by Commissioner of Transportation.

  • Annual report from municipalities to OPM on school zone cameras, and from DOT to Transportation Committee on work zone cameras.

  • Public awareness campaign to educate the public concerning the use of cameras

Other Bill Contents and Key Impacts

1. Granting Pedestrians the Right of Way (4-30). Provides pedestrians with the right of way who have signaled that they are about to enter a crosswalk. Benefits include: 

   • Reduced fatalities. Current law gives the right-of-way only to those who are currently in a crosswalk. This can be dangerous as it requires pedestrians to enter the lane of travel while cars are approaching to gain the right-of-way.

   • Increased pedestrian access.
     
     

2. Establishment of a Vision Zero Council (31-53). Creates a Council with the authority to develop a state-wide policy to achieve the goal of having zero transportation-related fatalities. The Council will submit annual policy recommendations to achieve Vision Zero goals. Benefits include:

   • Long-term opportunity for traffic safety reform and improved policies. Allows an opportunity for continued traffic safety reforms and revisions of policies over time.
     
     

3. Increases Consideration for Highway, Bicycle, and Pedestrian Access and Safety (57-77). Expands the Office of the State Traffic Administration’s (OSTA’s) considerations in approving development projects to include highway, bicycle and pedestrian access and safety. 

   • Currently, OSTA prioritizes maintenance of level of service for vehicular users. This means that they consider whether a project will adversely impact the ability of vehicles to make turns, how long they need to wait at intersections, etc. If a project will negatively impact these metrics due to the projected traffic numbers, then OSTA can compel developers to build improvements such as additional travel lanes, widening the existing travel lanes, or upgrading traffic signalization. Unfortunately, such improvements can make roadways less safe for pedestrians and bicyclists. 

   • By requiring OSTA to consider the needs of pedestrians and bicyclists in reviewing development projects, this legislation could compel developers to build traffic-calming measures and bicycle infrastructure in order to receive their approval certificate.

   • Benefits include:

     • Awareness of vulnerable road users. Ensures that pedestrian and bicycle safety concerns are considered in OSTA approval of new development projects. 

     • Improved safe streets infrastructure. Provides OSTA with a rationale to require traffic calming and bicycle infrastructure improvements from private developers in order to obtain project approval.
       

1. Provide Protections to Prevent Accidents from Open Vehicle Doors on Highways (78-92). Implements safety restrictions on the opening of car doors on highways. Benefits include: 

   • Reduced fatalities. Addresses a cause of pedestrian deaths on highways.
     
     

2. Expands Pedestrian and Cyclist Protections at Marked Crosswalks (192-203). Expands existing pedestrian and cyclist protections at intersections to also apply to marked crosswalks. Benefits include:

   • Reduced fatalities.
     
     

3. Provides Local Municipalities the Authority to Change Speed Limits (279-312). Grants local municipalities the authority to establish or modify speed limits within their jurisdictions without approval of the Office of the State Traffic Administration, which is currently required. Benefits include:

   • Speed limits can accommodate local concerns. By allowing local municipalities to control their own speed limits, they can be more responsive to local traffic concerns and high-risk roads and intersections. 

   • Reduced speeding. 

   • Reduced fatalities.
     
     

4. Provides Local Traffic Authorities the Right to Create Pedestrian Safety Zones (320-363). Allows local traffic authorities to conduct studies and implement measures to protect pedestrians and reduce speeds accordingly. Benefits include:

   • Reduced fatalities.

   • Infrastructure can accommodate local concerns. Local municipalities can be responsive to local traffic concerns and high-risk areas. 

   • Improved infrastructure. Targeted infrastructure in these zones will benefit pedestrians and cyclists.
     
     

5. Increases Funding for Bikeways and Pedestrian Walkways (471-530). Increases funding, such as through the creation of a greenways commemorative number plate for purchase, for state and local efforts to preserve, restore, and protect greenways as well as to fund bikeways and pedestrian walkways. Benefits include:

   • Improved infrastructure. Increased bikeways and pedestrian walkways would create long-term infrastructure protection for pedestrians and cyclists.
     
     

6. Creates a Public Awareness Campaign for: (1) Unsafe Driving in Highway Work Zones ; and (2) Automated Speed Enforcement in Maintenance Work Zones and Some School Zones (720-728). Increased education of traffic safety measures to both increase safety and the awareness of the public of new traffic safety laws. Benefits include:

   • Increased public awareness. Provides drivers with fair notice of new laws so they are aware of what they can be fined for.

   • Reduced risks. Increasing awareness of new traffic safety laws also works to protect other drivers, pedestrians, and cyclists.
     
     

7. Increases the fine for driving while using a hand-held telephone or electronic device.