NY State Senate Bill 2017-S8825

Senate Bill S8825

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 05, 2018	advanced to third reading
Jun 04, 2018	2nd report cal.
May 31, 2018	1st report cal.1445
May 23, 2018	referred to cities

Votes

- May 31, 2018 - Committee Vote
  S8825
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 31, 2018
      
      aye (7)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      Peralta
      
      Persaud

2017-S8825 (ACTIVE) - Details

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

2017-S8825 (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 eighteen month 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-S8825 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8825

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:

Suspends vehicle registration and allows use of data by insurance carri-
ers 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 (f) of the Vehicle and Traffic Law by
requiring, upon a fifth or subsequent finding of liability of a red
light camera violation 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 (f) of the Vehicle and Traffic Law
by requiring, upon a fifth or subsequent finding of liability of a
school speed zone camera violation 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 four provides that the law takes effect ninety days after its
enactment.

 
JUSTIFICATION:

While speed and red light cameras issue fines, they do little to deter
the behavior of speeding because they have no impact on a driver's
record.

Under current law, if a driver is repeatedly ticketed by police for
running a red light or speeding, they face points added to their license
and suspension. This legislation would enact a similar framework for
those who continually receive red light camera and school speed zone
camera violations.

Drivers who repeatedly speed and run lights at intersections are putting
the public at risk and more aggressive consequences are needed.  While
the best way to protect public safety and stop speeders and red light
runners is still with actual police officers on the street enforcing the
traffic laws. This legislation at least puts real consequences to multi-
ple violations, and does not just raise revenue.

 
PRIOR LEGISLATIVE HISTORY:
None.

 
FISCAL IMPLICATIONS:

Minimal.

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

2017-S8825 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8825
 
                             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 ONE HUNDRED THIRTY-SEVEN-A  OF
 THIS  CHAPTER, WITH SIX OR MORE FINDINGS OF LIABILITY WITHIN AN EIGHTEEN
 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. Subdivision (f) of section 1111-a of the vehicle and traffic law,
 as added by chapter 746 of the laws of  1988,  is  amended  to  read  as
 follows:
   (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  THE  DEPARTMENT
 SHALL NOTIFY THE VEHICLE OWNER'S INSURANCE CARRIER.
   § 3. Subdivision (f) of section 1180-b of the vehicle and traffic law,
 as  added  by  chapter  189  of  the laws of 2013, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15907-01-8

 S. 8825                             2
 
   (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 THE
 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 subdivision (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 therewith; and
   (b) the amendments to subdivision (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 therewith.

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