Assembly Bill A4654

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4654

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  ABBATE, KAVANAGH, GABRYSZAK --
  Multi-Sponsored by -- M.   of A. COLTON, ROBINSON  --  read  once  and
  referred to the Committee on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  the removal or covering of  inapplicable  highway  work  zone  traffic
  control signs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1686 to read as follows:
  S  1686.  WORK  ZONE  SIGNS. ANY SIGN OR SIGNS PLACED FOR HIGHWAY WORK
ZONE TRAFFIC CONTROL, INCLUDING, BUT NOT LIMITED  TO,  THOSE  PLACED  IN
HIGHWAY  CONSTRUCTION  OR MAINTENANCE WORK AREAS, OR ON RESTRICTED HIGH-
WAYS, SHALL BE PROMPTLY COVERED OR REMOVED WHENEVER SUCH SIGN  OR  SIGNS
ARE NOT APPLICABLE, AS DETERMINED BY THE STATE OR LOCAL AUTHORITY HAVING
JURISDICTION  THEREON.    FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM
"RESTRICTED HIGHWAY" SHALL MEAN A HIGHWAY DESIGNATED AS SUCH PURSUANT TO
SECTION ONE HUNDRED FOUR-A OF THE HIGHWAY LAW.
  S 2. Section 155 of the vehicle and traffic law, as amended by chapter
628 of the laws of 2002, is amended to read as follows:
  S 155. Traffic infraction. The violation  of  any  provision  of  this
chapter, except articles forty-seven and forty-eight AND SECTION SIXTEEN
HUNDRED  EIGHTY-SIX  OF  THIS  CHAPTER, or of any law, ordinance, order,
rule or regulation regulating traffic which  is  not  declared  by  this
chapter  or  other  law of this state to be a misdemeanor or a felony. A
traffic infraction is not a crime and the  punishment  imposed  therefor
shall  not  be deemed for any purpose a penal or criminal punishment and
shall not affect or impair the credibility as a witness or otherwise  of
any  person  convicted thereof. This definition shall be retroactive and
shall apply to all acts and violations heretofore committed  where  such
acts  and violations would, if committed subsequent to the taking effect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08747-01-3
              

A. 4654                             2

of this section, be included within the meaning  of  the  term  "traffic
infraction" as herein defined. Except in those portions of Suffolk coun-
ty  for  which  a district court has been established, outside of cities
having  a population in excess of two hundred thousand in which adminis-
trative tribunals have heretofore been established, courts and  judicial
officers  heretofore  having  jurisdiction  over  such  violations shall
continue to do so and for such purpose such violations shall  be  deemed
misdemeanors  and  all provisions of law relating to misdemeanors except
as provided in section eighteen hundred five of this chapter and  except
as  herein  otherwise expressly provided shall apply except that no jury
trial shall be allowed for traffic infractions.  In  those  portions  of
Suffolk  county  for which a district court has been established, and in
cities having a population in excess of two hundred  thousand  in  which
administrative  tribunals have heretofore been established, the criminal
courts of such cities or portions of Suffolk county in which a  district
court has been established shall have jurisdiction to hear and determine
any  complaint  alleging  a violation constituting a traffic infraction,
except that administrative  tribunals  heretofore  established  in  such
cities  or portions of Suffolk county in which a district court has been
established shall have jurisdiction to hear and determine any charge  of
an  offense  which  is a traffic infraction, except parking, standing or
stopping. In cities having a population in excess of two  hundred  thou-
sand in which administrative tribunals have heretofore been established,
and any such administrative tribunal established by the city of Yonkers,
the  city  of  Peekskill,  or the city of Syracuse, such tribunals shall
have jurisdiction to hear and determine any charge of an  offense  which
is  a  parking,  standing  or stopping violation. Any fine imposed by an
administrative tribunal shall be a civil penalty. For purposes of arrest
without a warrant, pursuant to article one hundred forty of the criminal
procedure law, a traffic infraction shall be deemed an offense.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.