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This entry was published on 2022-04-01
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SECTION 1809-E
Additional surcharge required for certain violations
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 9, ARTICLE 45
§ 1809-e. Additional surcharge required for certain violations. 1.
* a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction
pursuant to section eleven hundred ninety-two of this chapter, or for a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, except: (i) a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists; and (ii) an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter imposed pursuant to a local law or ordinance
imposing monetary liability on the owner of a vehicle 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; and (iii) an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter imposed pursuant to a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with such posted maximum speed
limits through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
and (iv) an adjudication of liability of an owner for a violation of bus
lane restrictions as defined by article twenty-four of this chapter
imposed pursuant to a bus rapid transit program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with such bus lane restrictions through the installation and
operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; and (v) an adjudication of liability of an
owner for a violation of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public
authorities to impose monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with toll collection
regulations of such public authorities through the installation and
operation of photo-monitoring systems, in accordance with section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty; and (vi) an
adjudication of liability of an owner for a violation of section eleven
hundred seventy-four of this chapter when meeting a school bus marked
and equipped as provided in subdivisions twenty and twenty-one-c of
section three hundred seventy-five of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with school bus red
visual signals through the installation and operation of school bus
photo violation monitoring systems, in accordance with article
twenty-nine of this chapter; and (vii) an adjudication of liability of
an owner for a violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter,
there shall be levied in addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.

* NB There are 2 par a's

* a. Notwithstanding any other provision of law, whenever proceedings
in a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction
pursuant to section eleven hundred ninety-two of this chapter, or for a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, except: (i) a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists; and (ii) an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter imposed pursuant to a local law or ordinance
imposing monetary liability on the owner of a vehicle 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; and (iii) an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter imposed pursuant to a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with such posted maximum speed
limits through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
and (iv) an adjudication of liability of an owner for a violation of bus
lane restrictions as defined by article twenty-four of this chapter
imposed pursuant to a bus rapid transit program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with such bus lane restrictions through the installation and
operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; and (v) an adjudication of liability of an
owner for a violation of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public
authorities to impose monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with toll collection
regulations of such public authorities through the installation and
operation of photo-monitoring systems, in accordance with section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty; and (vi) an
adjudication of liability of an owner for a violation of section eleven
hundred seventy-four of this chapter when meeting a school bus marked
and equipped as provided in subdivisions twenty and twenty-one-c of
section three hundred seventy-five of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with school bus red
visual signals through the installation and operation of school bus
photo violation monitoring systems, in accordance with article
twenty-nine of this chapter; and (vii) an adjudication of liability of
an owner for a violation of section three hundred eighty-five of this
chapter and the rules of the department of transportation of the city of
New York in relation to gross vehicle weight and/or axle weight
violations imposed pursuant to a weigh in motion demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with such gross vehicle weight and/or axle
weight restrictions through the installation and operation of weigh in
motion violation monitoring systems, in accordance with article ten of
this chapter, there shall be levied in addition to any sentence, penalty
or other surcharge required or permitted by law, an additional surcharge
of twenty-eight dollars.

* NB There are 2 par a's

b. Notwithstanding any other provision of law, whenever proceedings in
a court of this state result in a conviction pursuant to section eleven
hundred ninety-two of this chapter, there shall be levied, in addition
to any sentence or other surcharge required or permitted by law, an
additional surcharge of one hundred seventy dollars.

2. The additional surcharges provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative
tribunal that rendered the conviction. Within the first ten days of the
month following collection of such surcharges, the collecting authority
shall pay such money to the state comptroller to be deposited to the
general fund.

3. The provisions of subdivision four-a of section five hundred ten,
subdivision three of section five hundred fourteen and subdivision three
of section two hundred twenty-seven of this chapter governing actions
which may be taken for failure to pay a fine or penalty shall be
applicable to the additional surcharge imposed pursuant to this section.