S T A T E O F N E W Y O R K
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3413
2019-2020 Regular Sessions
I N A S S E M B L Y
January 29, 2019
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Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to implementing
escalating penalties for vehicles which have been documented multiple
times by a photo violation monitoring device 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. Subdivision (e) of section 1111-a of the vehicle and traf-
fic law, as amended by chapter 479 of the laws of 1994, is amended to
read as follows:
(e) 1. 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 violation] THE FIRST TWO VIOLATIONS WITH-
IN A TWO YEAR PERIOD, ONE HUNDRED FIFTY DOLLARS FOR THE THIRD VIOLATION
WITHIN A TWO YEAR PERIOD, TWO HUNDRED FIFTY DOLLARS FOR THE FOURTH
VIOLATION WITHIN A TWO YEAR PERIOD, THREE HUNDRED DOLLARS FOR THE FIFTH
VIOLATION WITHIN A TWO YEAR PERIOD, AND THREE HUNDRED FIFTY DOLLARS FOR
THE SIXTH 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.
2. (I) THE COMPANY BY WHICH A VEHICLE HAS BEEN DOCUMENTED FIVE TIMES
WITHIN A TWO YEAR PERIOD BY A PHOTO VIOLATION MONITORING DEVICE FOR
FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01714-01-9
A. 3413 2
CATIONS IS INSURED SHALL BE INFORMED OF ALL SUCH DOCUMENTED VIOLATIONS
OVER THE PAST TWO YEARS.
(II) THE REGISTRATION OF A VEHICLE WHICH HAS BEEN DOCUMENTED SIX TIMES
WITHIN A TWENTY-FOUR MONTH PERIOD BY A PHOTO VIOLATION MONITORING DEVICE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS SHALL BE SUSPENDED FOR A PERIOD OF NINETY DAYS COMMENCING TEN
DAYS AFTER THE NOTICE OF LIABILITY FOR THE SIXTH VIOLATION HAS BEEN
MAILED.
(III) THIS PARAGRAPH SHALL NOT APPLY TO A RENTAL VEHICLE, AS DEFINED
IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF THIS CHAPTER.
3. THE DEPARTMENT SHALL, BY CERTIFIED MAIL, ALERT THE OWNER OF A
REGISTERED VEHICLE AFTER THE VEHICLE'S FOURTH DOCUMENTATION IN TWO YEARS
BY A PHOTO VIOLATION MONITORING DEVICE FOR FAILURE OF AN OPERATOR THERE-
OF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THAT THE COMPANY BY WHICH
SUCH VEHICLE IS INSURED WILL BE INFORMED OF ALL SUCH VIOLATIONS OVER THE
PAST TWO YEARS AND SUCH VEHICLE SHALL BE SUSPENDED FOR NINETY DAYS AFTER
TWO MORE DOCUMENTATIONS.
§ 2. This act shall take effect immediately; provided, however, the
amendments made to subdivision (e) of section 1111-a of the vehicle and
traffic law made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.