The New York State Senate

                    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.