Senate Bill S4646A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4646--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sens.  COONEY,  BASKIN, BORRELLO, FAHY, HARCKHAM -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Transportation  --  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  suspending
   the registration of vehicles which have been documented multiple times
   by a photo speed violation monitoring system for speeding in a highway
   construction or maintenance work area
 
   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 4-i to read as follows:
   4-I.  SUSPENSION  OF  REGISTRATION FOR IMPOSITION OF LIABILITY THROUGH
 THE USE OF PHOTO SPEED VIOLATION MONITORING  SYSTEMS  WITHIN  CONTROLLED
 ACCESS  HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS. UPON THE RECEIPT
 OF A NOTIFICATION FROM A COURT OR AN  ADMINISTRATIVE  TRIBUNAL  THAT  AN
 OWNER  OF A MOTOR VEHICLE HAS BEEN FOUND MONETARILY LIABLE BY A COURT OR
 AN ADMINISTRATIVE TRIBUNAL FOR FAILURE OF AN OPERATOR THEREOF TO  COMPLY
 WITH  CERTAIN  POSTED  MAXIMUM  SPEED LIMITS IN VIOLATION OF SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  CHAPTER
 THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITOR-
 ING  SYSTEMS  IN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED
 ON A CONTROLLED-ACCESS HIGHWAY IN ACCORDANCE WITH ARTICLE THIRTY OF THIS
 CHAPTER, FOLLOWING ENTRY OF A FINAL DECISION OR DECISIONS IN RESPONSE TO
 FIVE OR MORE NOTICES OF LIABILITY, ISSUED WITHIN AN EIGHTEEN MONTH PERI-
 OD, IMPOSING MONETARY LIABILITY ON THE OWNER OF SUCH VEHICLE FOR FAILURE
 OF AN OPERATOR THEREOF TO  COMPLY  WITH  CERTAIN  POSTED  MAXIMUM  SPEED
 LIMITS IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEV-
 EN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION
 OF PHOTO SPEED VIOLATION MONITORING SYSTEMS IN A HIGHWAY CONSTRUCTION OR
 MAINTENANCE  WORK AREA LOCATED ON A CONTROLLED-ACCESS HIGHWAY IN ACCORD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06952-03-5
              

 S. 4646--A                          2
 
 ANCE WITH ARTICLE THIRTY OF THIS CHAPTER NOT ARISING  OUT  OF  THE  SAME
 INCIDENT, THE COMMISSIONER OR THE COMMISSIONER'S AGENT SHALL SUSPEND THE
 REGISTRATION OF THE MOTOR VEHICLE INVOLVED IN SUCH IMPOSITION OF LIABIL-
 ITY FOR A PERIOD OF NINETY DAYS.
   §  2.  Paragraph 3 of subdivision (g) of section 1180-e of the vehicle
 and traffic law, as added by chapter 421 of the laws of 2021, is amended
 to read as follows:
   3. The notice of liability  shall  contain  information  advising  the
 person  charged  of  the  manner  and the time in which [he or she] SUCH
 PERSON may contest the liability alleged in the notice. Such  notice  of
 liability  shall  also  contain a prominent warning to advise the person
 charged that failure to contest in the manner and time provided shall be
 deemed an admission of liability and that  a  default  judgment  may  be
 entered thereon AND A WARNING TO ADVISE THE PERSONS CHARGED THAT FOLLOW-
 ING  ENTRY  OF A FINAL DECISION OR DECISIONS IN RESPONSE TO FIVE OR MORE
 NOTICES OF LIABILITY ISSUED WITHIN A PERIOD OF EIGHTEEN MONTHS  IMPOSING
 MONETARY  LIABILITY  UPON  SUCH  PERSON  AS  AN OWNER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  ARTICLE  PURSUANT  TO  THIS SECTION, THE REGISTRATION OF THE MOTOR
 VEHICLE INVOLVED IN SUCH VIOLATIONS SHALL BE SUSPENDED FOR A  PERIOD  OF
 NINETY DAYS.
   §  3.  The section heading and paragraphs (a) and (c) of subdivision 1
 of section 514 of the vehicle and traffic law, the section  heading  and
 paragraph  (a) of subdivision 1 as amended by chapter 406 of the laws of
 2001 and paragraph (c) of subdivision 1 as amended by chapter 892 of the
 laws of 1983, are amended to read as follows:
   Certifying convictions, FINDINGS OF LIABILITY, forfeitures and  nonap-
 pearances  to the commissioner and recording convictions AND FINDINGS OF
 LIABILITY.
   (a) (I) Upon a judgment of conviction of any person of (a) homicide or
 assault arising out of the operation of a motor vehicle, (b)  criminally
 negligent  homicide arising out of the operation of a motor vehicle, (c)
 a felony involving  the  use  of  a  commercial  motor  vehicle,  (d)  a
 violation  of any of the provisions of this chapter (except one relating
 to parking, stopping or standing) or (e) a violation of any  law,  ordi-
 nance, rule or regulation made by local authorities in relation to traf-
 fic  (except  one relating to parking, stopping or standing) or upon the
 forfeiture of bail given upon a charge of violating any such  provision,
 law,  ordinance, rule or regulation, OR (II) UPON ENTRY OF A FINAL DECI-
 SION IMPOSING MONETARY LIABILITY UPON A PERSON AS A MOTOR VEHICLE  OWNER
 FOR  A VIOLATION, COMMITTED WITHIN A HIGHWAY CONSTRUCTION OR MAINTENANCE
 WORK AREA LOCATED ON A CONTROLLED-ACCESS HIGHWAY,  OF  SUBDIVISION  (B),
 (D),  (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER PURSU-
 ANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO ARTICLE THIRTY OF
 THIS CHAPTER, the court or the clerk thereof shall within  fifteen  days
 certify the facts of the case OR THE FINDING OF LIABILITY to the commis-
 sioner  in  such  form  and  in  such manner as may be prescribed by the
 commissioner, who shall record the same  in  [his]  THEIR  office.  Such
 certificate  shall be presumptive evidence of the facts recited therein.
 If any such conviction OR FINDING OF LIABILITY shall  be  reversed  upon
 appeal  therefrom,  or  shall  be vacated or set aside, the person whose
 conviction OR FINDING OF LIABILITY has been so reversed, vacated or  set
 aside  may serve on the commissioner a certified copy of the appropriate
 order and the commissioner shall thereupon record the same in connection
 with the record of such conviction OR FINDING OF LIABILITY.
 S. 4646--A                          3
 
   (c) Notwithstanding the provisions of paragraphs (a) and (b)  OF  THIS
 SUBDIVISION,  the  commissioner  may  prescribe time limitations for the
 reporting of judgments of conviction OR FINDINGS OF LIABILITY and trans-
 mission of such license that are longer than those  prescribed  by  this
 section for any courts to which this section is applicable.
   §  4. This act shall take effect one year after it shall have become a
 law and shall apply to violations committed  on  and  after  such  date;
 provided,  however,  the amendments to subdivision (g) of section 1180-e
 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.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.