Being in NYC I can understand the sentiment and dynamics. Even on our major roadways the maximum speed was lowered to just 25mph - so an 8 lane boulevard has the same speed limit as a 1 lane side street. Making sure you're under the speed limit (20mph?) can feel glacial, especially if you're watching bicycles and scooters passing you in the bike lane. This issue and especially disappearing parking spaces have created a significant challenge for timely and effect deliveries. That said, let's take a look.
As to the origin of the claim of NYC speed cameras registering speeds in excess of 10 mph above the speed limit, it's on the
NYC.gov Vision Zero Program website.
New York City's speed camera program serves to deter drivers from exceeding the speed limit by more than ten miles per hour, which helps prevents serious crashes from occurring.
This was a hotly disputed law, regulation and initiative implemented by New York City's former mayor, Bill de Blasio. The rationale comes from the same source:
The faster a vehicle is moving, the harder it is for the driver of that vehicle to avoid a crash. And the faster a vehicle is moving when a crash occurs, the more damage is caused by the impact. Even a small difference in vehicle speed makes a big impact in terms of safety – a pedestrian who is struck by a vehicle travelling at 30 MPH is twice as likely to be killed as a pedestrian struck by a vehicle travelling at 25 MPH.
It is an interesting argument pointing to the admissibility of the evidence against the driver as to the vehicle's speed, in addition to the camera calibration. But I've also noticed this further down the same Vision Zero information FAQ.
What if a ticket is issued erroneously?
DOT takes a number of steps in order to avoid erroneously issuing Notices of Liability. The camera equipment is evaluated daily, so that DOT can be sure the radar is collecting precise and accurate measurements. In addition, motorists do not receive a ticket unless they exceed the speed limit by more than ten miles per hour. The technology used by the system distinguishes between speeding vehicles and nearby vehicles, and will not issue a ticket if it is unclear which vehicle is exceeding the speed limit by more than ten miles per hour. The specially trained New York City Department of Transportation staff who review speed camera violations will also reject violations unless they know without a doubt exactly which vehicle was speeding.
I can't predict what you'll hear in court from a DMV Administrative Law Judge. But it may be a reasonable defense to assert that the summons / ticket should not have been issued at all and that (1) an assumption may be made that the actual rate of speed of the vehicle is unclear, and (2) the technology malfunctioned in issuing a ticket below the stated cut off point that provides assurance of rate of speed. If you encounter a speeding ticket for 10 mph or less above the speed limit, you may want to first contact the Traffic Violations Bureau and see what they have to say. Good luck with your defense - and drive slowly and carefully.
