S4045 mandates that drivers who accumulate 11 or more points on their driving record within 24 months, or receive six speed-camera or red-light-camera tickets in 12 months, must have an "intelligent speed assistance" device—also known as a "speed limiter"—installed in any vehicle they own or operate. This device caps the car's speed at approximately five miles per hour above posted limits. The court can require the device be installed for at least 12 months or for the duration of any license suspension—whichever is longer.
The New York State Senate passed S4045 on June 12, 2025 by a vote of 44 to 15. We have assigned pluses to the nays because this bill blatantly violates multiple constitutional protections. By mandating speed-limiting devices, the state tramples upon the Ninth Amendment's protection of individual liberty and the Fifth Amendment's protection of property rights, depriving individuals of the full use of their own vehicles without due process. Moreover, speed and red-light cameras themselves are unconstitutional, as they subject citizens to constant surveillance and penalties in violation of the Fourth, Fifth, Ninth, and 14th Amendments. These enforcement mechanisms presume guilt, deny equal protection, and strip away fundamental liberties. Legislation such as S4045 only compounds these violations, further invading privacy, eroding due process, and transforming property ownership into government-controlled privilege rather than a constitutionally protected right.
