S T A T E O F N E W Y O R K
________________________________________________________________________
6451--A
2017-2018 Regular Sessions
I N A S S E M B L Y
March 7, 2017
___________
Introduced by M. of A. DenDEKKER, D'URSO, ORTIZ, RIVERA, MOSLEY, BLAKE,
GOTTFRIED, RAIA, MURRAY, GLICK, LAVINE, COOK, ERRIGO, LAWRENCE --
Multi-Sponsored by -- M. of A. CROUCH, GALEF -- read once and referred
to the Committee on Transportation -- recommitted to the Committee on
Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law, in relation to additional
penalties for failure to comply with traffic-control indications
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 1118 to read as follows:
§ 1118. ADDITIONAL PENALTIES FOR FAILURE TO COMPLY WITH A TRAFFIC-
CONTROL SIGNAL. NOTWITHSTANDING ANY PROVISION OF LAW OR ANY LOCAL LAW OR
ORDINANCE TO THE CONTRARY:
(A) SUSPENSION OF REGISTRATION FOR MULTIPLE VIOLATIONS. THE REGISTRA-
TION OF A VEHICLE WHICH HAS BEEN DOCUMENTED BY A TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING SYSTEM FOR FAILURE OF AN OPERATOR THEREOF TO
COMPLY WITH TRAFFIC-CONTROL INDICATIONS PURSUANT TO THIS ARTICLE SHALL
BE SUSPENDED FOR A PERIOD OF SIX MONTHS COMMENCING FIVE DAYS AFTER THE
NOTICE OF LIABILITY FOR THE VIOLATION TRIGGERING SUCH SUSPENSION HAS
BEEN MAILED WHEN SUCH VEHICLE HAS BEEN DOCUMENTED:
1. A MINIMUM OF FIVE TIMES, WITH OCCURRENCES IN A MINIMUM OF FIVE
SEPARATE MONTHS WITHIN A TWELVE MONTH PERIOD; OR
2. A TOTAL OF TWENTY TIMES OR MORE, WITHIN A TWELVE MONTH PERIOD.
(B) ADDITIONAL SURCHARGE FOR MULTIPLE VIOLATIONS. AN OWNER OF A VEHI-
CLE WHICH HAS BEEN DOCUMENTED BY A TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING SYSTEM FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
AN ADDITIONAL SURCHARGE FOR A SUBSEQUENT VIOLATION OCCURRING IN A SUBSE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10386-02-8
A. 6451--A 2
QUENT MONTH FROM THE INITIAL VIOLATION. SUCH SURCHARGE SHALL BE FIFTY
DOLLARS FOR THE SECOND VIOLATION, SEVENTY-FIVE DOLLARS FOR THE THIRD
VIOLATION, ONE HUNDRED DOLLARS FOR THE FOURTH VIOLATION, FIVE HUNDRED
DOLLARS FOR THE FIFTH VIOLATION AND ONE THOUSAND DOLLARS FOR THE SIXTH
AND EACH SUBSEQUENT VIOLATION.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(D) THIS SECTION SHALL NOT APPLY TO A RENTAL VEHICLE, AS DEFINED IN
SECTION ONE HUNDRED THIRTY-SEVEN-A OF THIS CHAPTER.
§ 2. This act shall take effect immediately.