S T A T E O F N E W Y O R K
________________________________________________________________________
10080
I N A S S E M B L Y
March 6, 2020
___________
Introduced by M. of A. TAGUE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to increasing
the penalty for certain traffic violations when such violations arise
out of the same incident as a conviction for failure to move over and
when such violations occurred in a work zone
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 1225-c of the vehicle and traffic
law, as amended by section 6 of part B of chapter 55 of the laws of
2014, is amended to read as follows:
4. (A) A violation of subdivision two of this section shall be a traf-
fic infraction and shall be punishable by a fine of not less than fifty
dollars nor more than two hundred dollars upon conviction of a first
violation; upon conviction of a second violation, both of which were
committed within a period of eighteen months, such violation shall be
punished by a fine of not less than fifty dollars nor more than two
hundred fifty dollars; upon conviction of a third or subsequent
violation, all of which were committed within a period of eighteen
months, such violation shall be punished by a fine of not less than
fifty dollars nor more than four hundred fifty dollars.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION A VIOLATION OF SUBDIVISION TWO OF THIS SECTION ARISING OUT OF THE
SAME INCIDENT AS A CONVICTION FOR A VIOLATION OF SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS TITLE SHALL BE A TRAFFIC INFRACTION AND SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN
FOUR HUNDRED DOLLARS UPON CONVICTION OF A FIRST VIOLATION; UPON
CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF
NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS;
UPON CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN
NINE HUNDRED DOLLARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14500-02-0
A. 10080 2
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION A VIOLATION OF SUBDIVISION TWO OF THIS SECTION WHICH OCCURRED IN A
HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA SHALL BE A TRAFFIC INFRAC-
TION AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN FOUR HUNDRED DOLLARS UPON CONVICTION OF A FIRST
VIOLATION; UPON CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN
FIVE HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT
VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE
HUNDRED DOLLARS NOR MORE THAN NINE HUNDRED DOLLARS.
§ 2. Subdivision 6 of section 1225-d of the vehicle and traffic law,
as amended by section 7 of part B of chapter 55 of the laws of 2014, is
amended to read as follows:
6. (A) A violation of this section shall be a traffic infraction and
shall be punishable by a fine of not less than fifty dollars nor more
than two hundred dollars upon conviction of a first violation; upon
conviction of a second violation, both of which were committed within a
period of eighteen months, such violation shall be punished by a fine of
not less than fifty dollars nor more than two hundred fifty dollars;
upon conviction of a third or subsequent violation, all of which were
committed within a period of eighteen months, such violation shall be
punished by a fine of not less than fifty dollars nor more than four
hundred fifty dollars.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION A VIOLATION OF THIS SECTION ARISING OUT OF THE SAME INCIDENT AS A
CONVICTION FOR A VIOLATION OF SECTION ELEVEN HUNDRED FORTY-FOUR-A OF
THIS TITLE SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A
FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FOUR HUNDRED
DOLLARS UPON CONVICTION OF A FIRST VIOLATION; UPON CONVICTION OF A
SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGH-
TEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN
ONE HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS; UPON CONVICTION
OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A
PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF
NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN NINE HUNDRED DOLLARS.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION A VIOLATION OF SUBDIVISION TWO OF THIS SECTION WHICH OCCURRED IN A
HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA SHALL BE A TRAFFIC INFRAC-
TION AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN FOUR HUNDRED DOLLARS UPON CONVICTION OF A FIRST
VIOLATION; UPON CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN
FIVE HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR SUBSEQUENT
VIOLATION, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN
MONTHS, SUCH VIOLATION SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE
HUNDRED DOLLARS NOR MORE THAN NINE HUNDRED DOLLARS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.