Senate Bill S5775A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5775--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by Sens. GIANARIS, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACK-
   SON, KAVANAGH, KRUEGER, MYRIE, SALAZAR,  SERRANO  --  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 a vehicle which has been documented five times  by
   a photo violation monitoring device for failure of an operator thereof
   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. 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 TRAFFIC-CONTROL SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS.
 (A) 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 OPERA-
 TOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN  VIOLATION  OF
 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH
 THE  INSTALLATION  AND  OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
 TION-MONITORING SYSTEMS IN ACCORDANCE WITH ARTICLE TWENTY-FOUR  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 TRAFFIC-CONTROL INDICATIONS IN
 VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF  THIS
 CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL
 PHOTO  VIOLATION-MONITORING  SYSTEMS  IN ACCORDANCE WITH ARTICLE TWENTY-
 FOUR OF THIS CHAPTER NOT ARISING OUT OF THE SAME INCIDENT,  THE  COMMIS-
 SIONER OR THE COMMISSIONER'S AGENT SHALL SUSPEND THE REGISTRATION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01556-03-5
              

 S. 5775--A                          2
 
 MOTOR  VEHICLE  INVOLVED IN SUCH IMPOSITION OF LIABILITY FOR A PERIOD OF
 NINETY DAYS.
   (B)  IN ADDITION TO COMPLYING WITH THE REQUIREMENTS OF ARTICLE TWENTY-
 FOUR OF THIS CHAPTER, A NOTICE OF LIABILITY ISSUED TO  OWNERS  OF  MOTOR
 VEHICLES  FOR  VIOLATIONS  OF  SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
 ELEVEN OF THIS CHAPTER IMPOSED FOR FAILURE OF  AN  OPERATOR  THEREOF  TO
 COMPLY  WITH  TRAFFIC-CONTROL  INDICATIONS  THROUGH THE INSTALLATION AND
 OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING  SYSTEMS,
 IN  ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, SHALL CONTAIN A
 WARNING TO ADVISE THE PERSONS CHARGED THAT FOLLOWING ENTRY  OF  A  FINAL
 DECISION  OR  DECISIONS IN RESPONSE TO FIVE OR MORE NOTICES OF LIABILITY
 ISSUED WITHIN A PERIOD OF EIGHTEEN MONTHS IMPOSING LIABILITY  UPON  SUCH
 PERSON  AS  AN  OWNER  FOR SUCH VIOLATION, THE REGISTRATION OF THE MOTOR
 VEHICLE INVOLVED IN SUCH VIOLATIONS SHALL BE SUSPENDED FOR A  PERIOD  OF
 NINETY DAYS.
   §  2.  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)] (1) homi-
 cide or assault arising out of the operation of a motor  vehicle,  [(b)]
 (2)  criminally  negligent  homicide  arising  out of the operation of a
 motor vehicle, [(c)] (3) a felony involving  the  use  of  a  commercial
 motor  vehicle,  [(d)]  (4) a violation of any of the provisions of this
 chapter (except one relating to parking, stopping or standing) or  [(e)]
 (5)  a violation of any law, ordinance, rule or regulation made by local
 authorities in relation to traffic  (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 DECISION IMPOSING MONETARY LIABILITY  UPON
 A  PERSON AS A MOTOR VEHICLE OWNER FOR A VIOLATION OF SUBDIVISION (D) OF
 SECTION ELEVEN HUNDRED ELEVEN OF  THIS  CHAPTER  PURSUANT  TO  A  DEMON-
 STRATION  PROGRAM  ESTABLISHED  PURSUANT  TO ARTICLE TWENTY-FOUR OF THIS
 CHAPTER, the court or the clerk thereof shall within fifteen days certi-
 fy the facts of the case OR THE FINDING OF LIABILITY to the commissioner
 in such form and in such manner as may be prescribed by the  commission-
 er,  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 there-
 from, 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.
   (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.
   §  3. 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.
 Effective immediately, the addition, amendment and/or repeal of any rule
 S. 5775--A                          3
 
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.