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New York Work Zone Safety Act of 2005

Steven Schwartzapfel -Founding Partner Feb 10, 2016

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

Chapter 223, Laws of 2005

Key Provisions:

  1. License Suspension – a driver will have his/her license suspended for a period of 60 days when convicted of 2 or more speeding violations in a work zone.
  2. Mandatory Surcharge – a mandatory $50 fee will be charged on all work zone infractions.
  3. Education Fund – the revenue generated by the mandatory surcharge will be used to fund a public education campaign (advertisements, billboards, etc.) which will be administered by the DOT, after consultation with DMV.
  4. Biennial Report – a report on the effectiveness of the education campaign will be submitted by DOT to the Governor, Senate Majority Leader and Assembly Speaker.
  5. DOT requirements – the DOT must cooperate with state police, DMV, Thruway Authority, contractors and laborers to develop rules and regulations to provide for increased safety of work zones. The rules and regulations must include:
    1. Police presence at “ALL MAJOR ACTIVE WORK ZONES”
    2. Radar speed display signs at “ALL MAJOR ACTIVE WORK ZONES”
    3. System for reviewing work zone safety and design
  6. DOT must define what a “MAJOR ACTIVE WORK ZONE” is. The phrase used in the law is – “as defined by rules and regulations set forth by the commissioner”
  7. Time – this act takes effect on November 1, 2005


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