Implements escalating penalties for vehicles which have been documented multiple times by a photo violation monitoring device for failure to comply with traffic-control indications up to a suspension of a vehicle's registration.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A698
SPONSOR: Carroll TITLE OF BILL:
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
PURPOSE:
To implement a system of escalating penalties for vehicles that are
documented by a photo violation monitoring device for failure to comply
with traffic control indications. This bill is meant to deter drivers
from committing repeated traffic control indication violations through
an escalating fine structure which after six violations over a two year
period would require for the registration on the car to be suspended for
ninety days.
SUMMARY OF PROVISIONS:
Section 1. Subdivision (e) of section 1111-a of the vehicle and traffic
law, as amended by chapter 479 of the laws of 1994, is amended to
include that the first two photo violations within a two-year period
will be fined fifty dollars each, one hundred fifty for the third
violation, two hundred fifty for the fourth violation, three hundred
dollars foi the fifth violation and three hundred fifty dollars for the
sixth violation within a two-year period.
The insurance company for which the vehicle is insured shall be notified
that the vehicle has been documented five times within a two year period
by a photo violation monitoring device.
The vehicle's registration, after being documented six times over a
Two-year period by a photo violation monitoring device for failure of an
operator thereof to comply with traffic7control indications shall be
suspended for a period of ninety days.
This legislation does not apply to rental vehicles The Department of
Motor Vehicles shall notify the owner of registered vehicles after the
vehicle's fourth documentation in two years by a photo violation moni-
toring device for failure to comply with traffic-control indications
that after two more documented violations, the registration of the vehi-
cle shall be suspended for ninety days.
JUSTIFICATION:
On March 5th 2018, a motorist ran through a red light into a crowded
sidewalk and killed two young children. The driver of the vehicle had
accumulated eight documented photo violations for failure to comply with
traffic-control indications over an eight month period. If this bill
were law, the registration on her car would have been suspended; she
would not have been unable to drive that car legally and may therefore
have not been behind the wheel that day. This bill, through its escalat-
ing fine • structure, insurance reporting, and ultimate vehicle regis-
tration suspension is meant to deter drivers from speeding and behaving
recklessly while operating a motor vehicle.
LEGISLATIVE HISTORY:
A.10258 of 2017-18 A.3413 of 2019-20; A.933 of 2021-22
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
698
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
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:
1 Section 1. Subdivision (e) of section 1111-a of the vehicle and traf-
2 fic law, as amended by chapter 479 of the laws of 1994, is amended to
3 read as follows:
4 (e) 1. An owner liable for a violation of subdivision (d) of section
5 eleven hundred eleven of this article pursuant to a local law or ordi-
6 nance adopted pursuant to this section shall be liable for monetary
7 penalties in accordance with a schedule of fines and penalties to be set
8 forth in such local law or ordinance, except that in a city which, by
9 local law, has authorized the adjudication of such owner liability by a
10 parking violations bureau, such schedule shall be promulgated by such
11 bureau. The liability of the owner pursuant to this section shall not
12 exceed fifty dollars for [each violation] the first two violations with-
13 in a two year period, one hundred fifty dollars for the third violation
14 within a two year period, two hundred fifty dollars for the fourth
15 violation within a two year period, three hundred dollars for the fifth
16 violation within a two year period, and three hundred fifty dollars for
17 the sixth violation within a two year period; provided, however, that
18 such local law or ordinance may provide for an additional penalty not in
19 excess of twenty-five dollars for each violation for the failure to
20 respond to a notice of liability within the prescribed time period.
21 2. (i) The company by which a vehicle has been documented five times
22 within a two year period by a photo violation monitoring device for
23 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.
LBD00576-01-3
A. 698 2
1 cations is insured shall be informed of all such documented violations
2 over the past two years.
3 (ii) The registration of a vehicle which has been documented six times
4 within a twenty-four month period by a photo violation monitoring device
5 for failure of an operator thereof to comply with traffic-control indi-
6 cations shall be suspended for a period of ninety days commencing ten
7 days after the notice of liability for the sixth violation has been
8 mailed.
9 (iii) This paragraph shall not apply to a rental vehicle, as defined
10 in section one hundred thirty-seven-a of this chapter.
11 3. The department shall, by certified mail, alert the owner of a
12 registered vehicle after the vehicle's fourth documentation in two years
13 by a photo violation monitoring device for failure of an operator there-
14 of to comply with traffic-control indications that the company by which
15 such vehicle is insured will be informed of all such violations over the
16 past two years and such vehicle shall be suspended for ninety days after
17 two more documentations.
18 § 2. This act shall take effect immediately; provided, however, the
19 amendments made to subdivision (e) of section 1111-a of the vehicle and
20 traffic law made by section one of this act shall not affect the repeal
21 of such section and shall be deemed repealed therewith.
