Drivers Be Aware of the Eye in the Sky

May 29, 2026

For drivers in New York, summer means one guarantee – an increase in highway construction zones. In 2025, there were 572 crashes in work zones across New York State that led to 87 injuries and three deaths. In an ongoing effort to improve safety in work zones, under New York Vehicle and Traffic Law § 1180-e, the state utilizes a camera system to capture drivers exceeding the posted speed limit in a work zone and issues a ticket that is mailed directly to the address where the vehicle is registered.     

The statute was designed to improve safety for road crews, emergency responders, and motorists traveling through construction areas where lanes may narrow and traffic patterns often shift.

Section 1180-e is different from a traditional roadside speeding stop. Instead of an officer pulling a driver over, the statute permits camera-based enforcement in qualifying work zones. If a vehicle is recorded violating the posted speed limit in an active work area, the registered owner may receive a notice of liability by mail. This has led to confusion for some drivers as they receive a ticket in the mail, often weeks after the violation occurred. They may not even recall driving through a work zone, and unlike a traditional traffic stop, they are not prepared for the ticket or given a chance on the spot to dispute it.

That being said, there are a few important things drivers should be aware of when it comes to these camera-issued tickets.

The ticket will not be part of your driving record

Under 1180-e, such liability, “shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed.” Additionally, that means it will not be used for insurance purposes to negatively impact your coverage rates.

You will not be assessed points

In many cases, a ticket comes with points being assessed to the driver. These points can add up to increases in insurance premiums and even the revocation of driving privileges. Under 1180-e, the statute does not include any language for assessing points as a result of a camera-captured speeding violation in a work zone, meaning that it is treated as a civil penalty with no direct impact on the individual’s driving record.

Read the Fine Print

Unlike a traditional speeding ticket where the driver has the opportunity to contest the violation in court, with a notice of liability arriving in the mail, the onus is on the vehicle owner to ensure compliance with the violation. Work zone penalties are treated differently from standard speeding tickets, and owners should read the notice carefully to understand the deadline to respond, the amount claimed, and whether defenses may apply. The statute also includes procedural requirements for signage, review, and operation of the monitoring systems.

The safest and smartest approach is to treat every marked work zone as a high-enforcement area. Slow down before entering, follow temporary signs rather than your usual expectations for that roadway, leave additional stopping distance, and be alert for flaggers, lane shifts, reduced shoulders, equipment and workers near traffic.

If you receive a mailed notice tied to § 1180-e, do not ignore it. Review the date, location, vehicle information, and instructions for contesting or paying the charge. Vehicle owners should also be aware that repeated violations can become more expensive over time under automated enforcement programs. Because each situation can turn on the wording of the notice and the facts of the alleged event, speaking with an attorney may be appropriate when liability is disputed or the notice appears inaccurate.

From a legal and practical standpoint, motorists should expect active construction areas to be more closely monitored and should understand that enforcement may arrive by mail rather than on the shoulder of the highway. The bottom line is straightforward: when work is underway, slow down, stay attentive and take posted limits seriously.

Harry J. Forrest is an attorney with Gross Shuman PC. The focus of his practice is personal injury claims, including accidents involving motor vehicles, constructions sites, property hazards and defects, as well as long-term disability claims and appeals. He has successfully managed cases in both federal and state courts and has tried cases to verdict involving claims for personal injury, property damage, contract disputes and constitutional civil rights violations. You can contact him at 716-854-4300 ext. 225 or [email protected]