Senate Bill S8826

2017-2018 Legislative Session

Relates to liability for violations imposed through the use of traffic-control signal photo-monitoring systems and photo speed violation monitoring systems

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2018	referred to cities

2017-S8826 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§510, 1111-a & 1180-b, V & T L

2017-S8826 (ACTIVE) - Summary

Relates to liability for violations imposed through the use of traffic-control signal photo-monitoring systems and photo speed violation monitoring systems; provides for license suspension for six months after six or more findings of liability within a twelve month period; increases fines for violations during a two year period; provides that violations may be used for insurance purposes in the provision of motor vehicle insurance coverage upon a fifth or subsequent finding of liability in a two year period.

2017-S8826 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8826

SPONSOR: FELDER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to liability
for violations imposed through the use of traffic-control signal photo-
monitoring systems and photo speed violation monitoring systems

 
PURPOSE OR GENERAL IDEA OF BILL:

Escalates the maximum fines, allows use of data by insurance carriers,
and suspends vehicle registration for multiple red light camera and
school speed zone camera violations within a 2-year period

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill adds a new subdivision 2-b to Section 510 of
the Vehicle and Traffic Law requiring mandatory suspension of vehicle
registration with six or more findings of liability under local laws
enacted pursuant to sections 1111-a and/or 1180-b of the Vehicle and

Traffic Law.

Section two amends section 1111-a (e) and (f) of the Vehicle and Traffic
Law by escalating the maximum fines associated with a red light camera
violation based on the number of such violations committed within a two
year period. It also requires, upon a fifth or subsequent finding of
liability within a two year period, that the Parking Violations Bureau
notify the Department of Motor Vehicles (DMV) of such findings. In turn
DMV must notify the vehicle owner's insurance carrier.

Section three amends section 1180-b (e) and (f) of the Vehicle and Traf-
fic Law by escalating the maximum fines associated with a school speed
zone camera violation based on the number of such violations committed
within a two year period. It also requires, upon a fifth or subsequent
finding of liability within a two year period, that the Parking
Violations Bureau notify DMV of such findings. In turn DMV must notify
the vehicle owner's insurance carrier.

Section four provides that the law takes effect ninety days after its
enactment.

 
JUSTIFICATION:

This legislation, proposed in the aftermath of a fatal crash in Park
Slope, Brooklyn that claimed the lives of two children, would escalate
the maximum fines that could be imposed for red light camera and school
speed zone camera violations. Currently, there is a maximum $50 fine for
any photo violation, and fines may not increase above that amount
despite recurring violations. In addition, insurers are prohibited from
using camera violation data when setting rates. This proposal would
escalate maximum fines, suspend vehicle registration and allow use of
data by insurance carriers for multiple violations within a 2-year peri-
od as shown in the following chart.
Red Light & Speed Camera Violations  Fines               Vehicles FY 16-17
1st                                  $50                 949,272
2nd                                  $50                 298,952
3rd                                  $150                121,393
4th                                  $250                55,469
5th                                  $300                27,838
                                     + insurance informed
6th or more                          $350                34,134
                                     + registration suspended

Under  current  law,  if  a  driver  is repeatedly stopped by police for
running a red light or speeding, they face escalating penalties, includ-
ing license points and suspension. This legislation seeks to build in  a
similar  framework  for  automated  enforcement.  Drivers who repeatedly
speed and run lights at intersections are putting the public at risk and
more aggressive consequences are needed for this small minority of driv-
ers.

The vast majority of drivers are responsible and do not receive multiple
red light camera and school speed zone camera tickets, and would  there-
fore  be  unaffected.  Dangerous drivers, though, need additional deter-
rents to change their behavior.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth  day  after  it  shall  have
become law.

2017-S8826 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8826
 
                             I N  S E N A T E
 
                               May 23, 2018
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  liability
   for  violations  imposed  through  the  use  of traffic-control signal
   photo-monitoring systems and photo speed violation monitoring systems

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  510 of the vehicle and traffic law is amended by
 adding a new subdivision 2-b to read as follows:
   2-B. MANDATORY SUSPENSION OF REGISTRATION OF A  VEHICLE  WITH  SIX  OR
 MORE  FINDINGS  OF  LIABILITY UNDER SECTIONS ELEVEN HUNDRED ELEVEN-A AND
 ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.    WITHIN  SEVEN  DAYS  OF  THE
 RECEIPT  OF  NOTIFICATION FROM A PARKING VIOLATIONS BUREAU OF A VEHICLE,
 OTHER THAN A RENTAL VEHICLE AS DEFINED IN SECTION  ONE  HUNDRED  THIRTY-
 SEVEN-A OF THIS CHAPTER, WITH SIX OR MORE FINDINGS OF LIABILITY WITHIN A
 TWELVE MONTH PERIOD UNDER LOCAL LAWS ADOPTED PURSUANT TO SECTIONS ELEVEN
 HUNDRED  ELEVEN-A  AND/OR  ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, THE
 REGISTRATION OF SUCH VEHICLE SHALL BE SUSPENDED FOR SIX MONTHS.
   § 2. Subdivisions (e) and (f) of section 1111-a  of  the  vehicle  and
 traffic  law,  subdivision  (e) as amended by chapter 479 of the laws of
 1994 and subdivision (f) as added by chapter 746 of the  laws  of  1988,
 are amended to read as follows:
   (e)  An  owner  liable  for  a violation of subdivision (d) of section
 eleven hundred eleven of this article pursuant to a local law  or  ordi-
 nance  adopted  pursuant  to  this  section shall be liable for monetary
 penalties in accordance with a schedule of fines and penalties to be set
 forth in such local law or ordinance, except that in a  city  which,  by
 local  law, has authorized the adjudication of such owner liability by a
 parking violations bureau, such schedule shall be  promulgated  by  such
 bureau.    The liability of the owner pursuant to this section shall not
 exceed fifty dollars for [each] A FIRST OR SECOND violation WITHIN A TWO
 YEAR PERIOD, ONE HUNDRED FIFTY DOLLARS FOR A THIRD  VIOLATION  WITHIN  A
 TWO YEAR PERIOD, TWO HUNDRED FIFTY DOLLARS FOR A FOURTH VIOLATION WITHIN
 A  TWO YEAR PERIOD, THREE HUNDRED DOLLARS FOR A FIFTH VIOLATION WITHIN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15904-01-8

 S. 8826                             2

 TWO YEAR PERIOD AND THREE HUNDRED FIFTY DOLLARS FOR A  SIXTH  OR  SUBSE-
 QUENT  VIOLATION  WITHIN A TWO YEAR PERIOD; provided, however, that such
 local law or ordinance may provide for  an  additional  penalty  not  in
 excess  of  twenty-five  dollars  for  each violation for the failure to
 respond to a notice of liability within the prescribed time period.
   (f) An imposition of liability under a local law or ordinance  adopted
 pursuant to this section 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 [nor shall it] BUT MAY be used for insur-
 ance purposes in the provision of motor vehicle  insurance  coverage  IN
 ACCORDANCE  WITH THIS SUBDIVISION. UPON A FIFTH OR SUBSEQUENT FINDING OF
 LIABILITY WITHIN A TWO YEAR PERIOD, THE PARKING VIOLATIONS BUREAU  SHALL
 NOTIFY  THE DEPARTMENT OF SUCH FINDINGS OF LIABILITY AND SUCH DEPARTMENT
 SHALL NOTIFY THE VEHICLE OWNER'S INSURANCE CARRIER.
   § 3. Subdivisions (e) and (f) of section 1180-b  of  the  vehicle  and
 traffic law, as added by chapter 189 of the laws of 2013, are amended to
 read as follows:
   (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)
 or (g) of section eleven hundred eighty of this article  pursuant  to  a
 demonstration  program  established  pursuant  to  this section shall be
 liable for monetary penalties in accordance with a schedule of fines and
 penalties to be promulgated by the parking violations bureau of the city
 of New York. The liability of the owner pursuant to this  section  shall
 not exceed fifty dollars for [each] A FIRST OR SECOND violation WITHIN A
 TWO  YEAR PERIOD, ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN
 A TWO YEAR PERIOD, TWO HUNDRED FIFTY  DOLLARS  FOR  A  FOURTH  VIOLATION
 WITHIN  A  TWO  YEAR PERIOD, THREE HUNDRED DOLLARS FOR A FIFTH VIOLATION
 WITHIN A TWO YEAR PERIOD AND THREE HUNDRED FIFTY DOLLARS FOR A SIXTH  OR
 SUBSEQUENT  VIOLATION  WITHIN A TWO YEAR PERIOD; provided, however, that
 such parking violations bureau may provide for an additional penalty not
 in excess of twenty-five dollars for each violation for the  failure  to
 respond to a notice of liability within the prescribed time period.
   (f)  An imposition of liability under the demonstration program estab-
 lished pursuant to this section 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 [nor shall  it]  BUT  MAY  be
 used  for insurance purposes in the provision of motor vehicle insurance
 coverage IN ACCORDANCE WITH THIS SUBDIVISION. UPON A FIFTH OR SUBSEQUENT
 FINDING OF LIABILITY WITHIN A TWO YEAR PERIOD,  THE  PARKING  VIOLATIONS
 BUREAU  SHALL  NOTIFY  THE  DEPARTMENT OF SUCH FINDINGS OF LIABILITY AND
 SUCH DEPARTMENT SHALL NOTIFY THE VEHICLE OWNER'S INSURANCE CARRIER.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that:
   (a)  the  amendments  to subdivisions (e) and (f) of section 1111-a of
 the vehicle and traffic law made by section two of this  act  shall  not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with; and
   (b) the amendments to subdivisions (e) and (f) of  section  1180-b  of
 the  vehicle and traffic law made by section three of this act shall not
 affect the repeal of such section and shall be  deemed  repealed  there-
 with.

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Senate Bill S8826

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2017-S8826 (ACTIVE) - Details

2017-S8826 (ACTIVE) - Summary

2017-S8826 (ACTIVE) - Sponsor Memo

2017-S8826 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

2017-S8826 (ACTIVE) - Details

2017-S8826 (ACTIVE) - Summary

2017-S8826 (ACTIVE) - Sponsor Memo

2017-S8826 (ACTIVE) - Bill Text download pdf

Comments