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A00975 Summary:

BILL NOA00975A
 
SAME ASNo Same As
 
SPONSORMagnarelli
 
COSPNSRHevesi, Bichotte Hermelyn, Simone, Gonzalez-Rojas, Alvarez, Simon, Seawright, Carroll R, Mamdani, Cunningham, Epstein, Glick, Taylor, Dinowitz, Gallagher, Tapia
 
MLTSPNSR
 
Amd §§510 & 514, V & T L
 
Suspends the registration of a vehicle which has been documented five times within an eighteen month period by a photo violation monitoring device for failure of an operator thereof to comply with traffic-control indications for a period of ninety days.
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A00975 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         975--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of A. MAGNARELLI, HEVESI, BICHOTTE HERMELYN, SIMONE,
          GONZALEZ-ROJAS,  ALVAREZ,  SIMON,  SEAWRIGHT,   R. CARROLL,   MAMDANI,
          CUNNINGHAM, EPSTEIN, GLICK, TAYLOR, DINOWITZ, GALLAGHER, TAPIA -- read
          once  and  referred  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:
 
     1    Section  1.  Section  510 of the vehicle and traffic law is amended by
     2  adding a new subdivision 4-i to read as follows:
     3    4-i. Suspension of registration for imposition  of  liability  through
     4  the  use  of  traffic-control signal photo violation-monitoring systems.
     5  (a) Upon the receipt of a notification from a court or an administrative
     6  tribunal that an owner of a motor  vehicle  has  been  found  monetarily
     7  liable by a court or an administrative tribunal for failure of an opera-
     8  tor  thereof  to comply with traffic-control indications in violation of
     9  subdivision (d) of section eleven hundred eleven of this chapter through
    10  the installation and operation of traffic-control  signal  photo  viola-
    11  tion-monitoring  systems  in accordance with article twenty-four of this
    12  chapter, following entry of a final decision or decisions in response to
    13  five or more notices of liability, issued within an eighteen month peri-
    14  od, imposing monetary liability on the owner of such vehicle for failure
    15  of an operator thereof to comply  with  traffic-control  indications  in
    16  violation  of  subdivision  (d) of section eleven hundred eleven of this
    17  chapter through the installation and operation of traffic-control signal
    18  photo violation-monitoring systems in accordance  with  article  twenty-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01556-02-5

        A. 975--A                           2
 
     1  four  of  this chapter not arising out of the same incident, the commis-
     2  sioner or the commissioner's agent shall suspend the registration of the
     3  motor vehicle involved in such imposition of liability for a  period  of
     4  ninety days.
     5    (b)  In addition to complying with the requirements of article twenty-
     6  four of this chapter, a notice of liability issued to  owners  of  motor
     7  vehicles  for  violations  of  subdivision (d) of section eleven hundred
     8  eleven of this chapter imposed for failure of  an  operator  thereof  to
     9  comply  with  traffic-control  indications  through the installation and
    10  operation of traffic-control signal photo violation-monitoring  systems,
    11  in  accordance with article twenty-four of this chapter, shall contain a
    12  warning to advise the persons charged that following entry  of  a  final
    13  decision  or  decisions in response to five or more notices of liability
    14  issued within a period of eighteen months imposing liability  upon  such
    15  person  as  an  owner  for such violation, the registration of the motor
    16  vehicle involved in such violations shall be suspended for a  period  of
    17  ninety days.
    18    §  2.  The section heading and paragraphs (a) and (c) of subdivision 1
    19  of section 514 of the vehicle and traffic law, the section  heading  and
    20  paragraph  (a) of subdivision 1 as amended by chapter 406 of the laws of
    21  2001 and paragraph (c) of subdivision 1 as amended by chapter 892 of the
    22  laws of 1983, are amended to read as follows:
    23    Certifying convictions, findings of liability, forfeitures and  nonap-
    24  pearances  to the commissioner and recording convictions and findings of
    25  liability.
    26    (a) (i) Upon a judgment of conviction of any person of [(a)] (1) homi-
    27  cide or assault arising out of the operation of a motor  vehicle,  [(b)]
    28  (2)  criminally  negligent  homicide  arising  out of the operation of a
    29  motor vehicle, [(c)] (3) a felony involving  the  use  of  a  commercial
    30  motor  vehicle,  [(d)]  (4) a violation of any of the provisions of this
    31  chapter (except one relating to parking, stopping or standing) or  [(e)]
    32  (5)  a violation of any law, ordinance, rule or regulation made by local
    33  authorities in relation to traffic  (except  one  relating  to  parking,
    34  stopping or standing) or upon the forfeiture of bail given upon a charge
    35  of  violating any such provision, law, ordinance, rule or regulation[,];
    36  or (ii) upon entry of a final decision imposing monetary liability  upon
    37  a  person as a motor vehicle owner for a violation of subdivision (d) of
    38  section eleven hundred eleven of  this  chapter  pursuant  to  a  demon-
    39  stration  program  established  pursuant  to article twenty-four of this
    40  chapter, the court or the clerk thereof shall within fifteen days certi-
    41  fy the facts of the case or the finding of liability to the commissioner
    42  in such form and in such manner as may be prescribed by the  commission-
    43  er,  who  shall  record the same in [his] their office. Such certificate
    44  shall be presumptive evidence of the facts recited therein. If any  such
    45  conviction  or finding of liability shall be reversed upon appeal there-
    46  from, or shall be vacated or set aside, the person whose  conviction  or
    47  finding  of  liability  has  been  so reversed, vacated or set aside may
    48  serve on the commissioner a certified copy of the appropriate order  and
    49  the  commissioner shall thereupon record the same in connection with the
    50  record of such conviction or finding of liability.
    51    (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
    52  subdivision,  the  commissioner  may  prescribe time limitations for the
    53  reporting of judgments of conviction or findings of liability and trans-
    54  mission of such license that are longer than those  prescribed  by  this
    55  section for any courts to which this section is applicable.

        A. 975--A                           3
 
     1    §  3. This act shall take effect one year after it shall have become a
     2  law and shall apply to violations committed  on  and  after  such  date.
     3  Effective immediately, the addition, amendment and/or repeal of any rule
     4  or regulation necessary for the implementation of this act on its effec-
     5  tive  date  are  authorized  to  be made and completed on or before such
     6  effective date.
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