S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
May 9, 2011
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the inclusion
of certain information on an appearance ticket; and to amend the vehi-
cle and traffic law, in relation to suspensions for failure to pay
driver responsibility assessments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "traffic
violations fair notice act".
S 2. Section 150.10 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
3. WHENEVER AN APPEARANCE TICKET, AS DEFINED IN SUBDIVISION ONE OF
THIS SECTION, IS ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION
150.20 OF THIS ARTICLE TO A PERSON ALLEGING AN OFFENSE OF THE VEHICLE
AND TRAFFIC LAW, SUCH APPEARANCE TICKET SHALL CONTAIN LANGUAGE IN
ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, AND SHALL CONTAIN
LANGUAGE NOTIFYING THE DEFENDANT OF:
(A) THE MAXIMUM FINE SCHEDULE ESTABLISHED BY SECTION ONE THOUSAND
EIGHT HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW;
(B) HOW THE NUMBER OF POINTS ON YOUR LICENSE AFFECTS YOUR ABILITY TO
MAINTAIN A DRIVER'S LICENSE, AS SET FORTH IN 15 NYCRR S 131.4;
(C) THE DRIVER RESPONSIBILITY ASSESSMENT PROGRAM ESTABLISHED UNDER
SECTION FIVE HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, TO WHOM IT
APPLIES, AND THE FINE SCHEDULE THAT ACCOMPANIES IT; AND
(D) THE MAXIMUM SURCHARGES THAT MAY BE APPLIED AGAINST A DRIVER IF HE
OR SHE PLEADS GUILTY TO THE ALLEGED INFRACTION.
S 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-f to read as follows:
4-F. SUSPENSION FOR FAILURE TO PAY DRIVER RESPONSIBILITY ASSESSMENT.
BEFORE THE DEPARTMENT MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGES OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 5333 2
ANY PERSON WHO FAILS TO PAY THE DRIVER RESPONSIBILITY ASSESSMENT IMPOSED
UPON HIM OR HER BY THE DEPARTMENT PURSUANT TO SECTION FIVE HUNDRED THREE
OF THIS ARTICLE, THE DEPARTMENT MUST HAVE SENT SUCH PERSON NOTICES STAT-
ING THAT HE OR SHE HAS FAILED TO PAY THE REQUIRED ASSESSMENT. SUCH
NOTICES MUST BE SENT TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL ON TWO
SEPARATE OCCASIONS, EACH OCCASION OCCURRING AT LEAST THIRTY DAYS APART.
IF THE ASSESSMENT REMAINS UNPAID THIRTY DAYS AFTER THE SECOND AND FINAL
NOTICE HAS BEEN SENT, THE DEPARTMENT MAY SUSPEND THE DRIVING PRIVILEGES
OF SUCH PERSON. SUCH SUSPENSION SHALL TAKE EFFECT IMMEDIATELY.
S 4. The commissioner of motor vehicles shall implement any rule or
regulation necessary to implement the provisions of this act on its
effective date. This shall include determining the language that shall
appear on the ticket in accordance with the provisions of subdivision 3
of section 150.10 of the criminal procedure law.
S 5. This act shall take effect immediately; except that section two
of this act shall take effect on the one hundred eightieth day after it
shall have become a law.