Borrello proposes legislation to promote safety in highway work zones, higher penalties

Press Release:

Senator George Borrello has introduced new legislation designed to enhance safety in highway construction and maintenance zones.

The first bill would mandate the installation of at least two photo speed violation monitoring systems in work areas on state highways and the New York State Thruway, expanding and strengthening the five-year Automated Work Zone Speed Enforcement (AWZSE) program, overseen by the New York State Department of Transportation (DOT) and the Thruway Authority. Under this program, motorists caught by work zone monitoring cameras of driving at least 10 miles per hour over the posted limit in a work zone area are fined through a ticket they receive in the mail. The program identified over 130,000 speeding violations in work zones statewide last year.

“In 2023, there were 130,000 speeding violations in monitored work zone areas on state highways. That is a staggering number,” said Senator Borrello. “Even worse, many weren’t just speeding violations, there were 144 injuries and three fatalities due to motorists ignoring the law and driving into prohibited work zones. Those are preventable tragedies, which is why I am introducing legislation that would strengthen speed violation monitoring systems in work zones by requiring monitoring at every highway and thruway worksite.”

Under the bill, S9884, a demonstration program would mandate the installation of at least two photo speed monitoring systems at each work site on controlled-access highways and the thruway. Under current law, speed monitoring is limited to 30 sites at any one time – 10 on the thruway and 20 on NYSDOT roads. This restriction leaves many work sites unmonitored, increasing the risk of accidents and injuries for both drivers and construction workers.

“By equipping work zones with two photo speed monitoring systems, we can better detect and ultimately deter speeding, thus reducing accidents and protecting both workers and motorists,” said Senator Borrello. 

The other measure would increase the penalties for failing to move over or slow down when approaching authorized emergency vehicles, as required by New York’s “Move Over” law.

In 2010, the law was enacted to reduce collisions with emergency vehicles stopped on the roadway. The law was later expanded to also include hazard vehicles, highway worker vehicles, and tow trucks. Most recently, the law was further expanded to cover all vehicles stopped on the side of the road. Drivers are now required to exercise due care to avoid any stopped vehicles by either changing lanes or slowing down.

Senator Borrello noted that when drivers ignore the law, the results can be tragic. 

On May 9, Vincent J. Giammarva, 62, from Le Roy, Genesee County, a constituent of the 57th Senate District, lost his life, while his coworker, Mark Vara, 58, from Scottsville, suffered serious injuries. Both men were struck by an eastbound tractor-trailer while working in a designated work zone between exits 47 and 46 on the Thruway. 

The tractor-trailer driver failed to slow down and move over as required when approaching the work zone. Despite the fatality and serious injuries caused in this case, the current law dictates that this driver will receive a fine of only $150 unless additional charges are brought.

In addition to the $150 fine for a first offense, current law provides for a $300 fine for a second offense within 18 months, and $450 for a third offense within 18 months.

“The tragic loss of Mr. Giammarva and the serious injuries sustained by Mark Vara underscore the urgent need for reform. Current penalties are too weak to be a deterrent. Lives are at stake when motorists ignore the law and we need penalties that reflect that,” said Senator Borrello.

Senate Bill S9883 would increase penalties for failure to move over or slow down when there is a stopped vehicle
on the roadway. Under this amendment, a first conviction would result in a fine of $450. A second conviction within 18 months would increase the fine to $600 and add 6 points to the driver’s license, making the driver liable for a Driver Responsibility Assessment in addition to the $600 fine. A third conviction within 18 months can lead to a fine of $750, imprisonment for up to one year, or both, depending on the severity of the infraction.

“While nothing can undo the Giammarva family’s loss of a beloved husband and father, these measures are aimed at strengthening our worker safety laws, thereby raising the public’s awareness of the gravity of this problem. We saw the effect that stronger drunk driving laws and penalties had in combatting impaired driving. In 1980 there were around 28,000 drunk driving deaths in the U.S. while in 2020, there were 11,654. While that is still too many, the decrease resulting from stronger laws was undeniable. Reckless motorists in worker safety zones are just as much a threat to life and safety, which is why I have introduced these laws,” concluded Senator Borrello.