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S05775 Summary:

BILL NOS05775A
 
SAME ASSAME AS A00975-A
 
SPONSORGIANARIS
 
COSPNSRGONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, MYRIE, SALAZAR, SERRANO
 
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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S05775 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5775--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     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-
    19  four of this chapter not arising out of the same incident,  the  commis-
    20  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
 
     1  motor  vehicle  involved in such imposition of liability for a period of
     2  ninety days.
     3    (b)  In addition to complying with the requirements of article twenty-
     4  four of this chapter, a notice of liability issued to  owners  of  motor
     5  vehicles  for  violations  of  subdivision (d) of section eleven hundred
     6  eleven of this chapter imposed for failure of  an  operator  thereof  to
     7  comply  with  traffic-control  indications  through the installation and
     8  operation of traffic-control signal photo violation-monitoring  systems,
     9  in  accordance with article twenty-four of this chapter, shall contain a
    10  warning to advise the persons charged that following entry  of  a  final
    11  decision  or  decisions in response to five or more notices of liability
    12  issued within a period of eighteen months imposing liability  upon  such
    13  person  as  an  owner  for such violation, the registration of the motor
    14  vehicle involved in such violations shall be suspended for a  period  of
    15  ninety days.
    16    §  2.  The section heading and paragraphs (a) and (c) of subdivision 1
    17  of section 514 of the vehicle and traffic law, the section  heading  and
    18  paragraph  (a) of subdivision 1 as amended by chapter 406 of the laws of
    19  2001 and paragraph (c) of subdivision 1 as amended by chapter 892 of the
    20  laws of 1983, are amended to read as follows:
    21    Certifying convictions, findings of liability, forfeitures and  nonap-
    22  pearances  to the commissioner and recording convictions and findings of
    23  liability.
    24    (a) (i) Upon a judgment of conviction of any person of [(a)] (1) homi-
    25  cide or assault arising out of the operation of a motor  vehicle,  [(b)]
    26  (2)  criminally  negligent  homicide  arising  out of the operation of a
    27  motor vehicle, [(c)] (3) a felony involving  the  use  of  a  commercial
    28  motor  vehicle,  [(d)]  (4) a violation of any of the provisions of this
    29  chapter (except one relating to parking, stopping or standing) or  [(e)]
    30  (5)  a violation of any law, ordinance, rule or regulation made by local
    31  authorities in relation to traffic  (except  one  relating  to  parking,
    32  stopping or standing) or upon the forfeiture of bail given upon a charge
    33  of  violating any such provision, law, ordinance, rule or regulation[,];
    34  or (ii) upon entry of a final decision imposing monetary liability  upon
    35  a  person as a motor vehicle owner for a violation of subdivision (d) of
    36  section eleven hundred eleven of  this  chapter  pursuant  to  a  demon-
    37  stration  program  established  pursuant  to article twenty-four of this
    38  chapter, the court or the clerk thereof shall within fifteen days certi-
    39  fy the facts of the case or the finding of liability to the commissioner
    40  in such form and in such manner as may be prescribed by the  commission-
    41  er,  who  shall  record the same in [his] their office. Such certificate
    42  shall be presumptive evidence of the facts recited therein. If any  such
    43  conviction  or finding of liability shall be reversed upon appeal there-
    44  from, or shall be vacated or set aside, the person whose  conviction  or
    45  finding  of  liability  has  been  so reversed, vacated or set aside may
    46  serve on the commissioner a certified copy of the appropriate order  and
    47  the  commissioner shall thereupon record the same in connection with the
    48  record of such conviction or finding of liability.
    49    (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
    50  subdivision,  the  commissioner  may  prescribe time limitations for the
    51  reporting of judgments of conviction or findings of liability and trans-
    52  mission of such license that are longer than those  prescribed  by  this
    53  section for any courts to which this section is applicable.
    54    §  3. This act shall take effect one year after it shall have become a
    55  law and shall apply to violations committed  on  and  after  such  date.
    56  Effective immediately, the addition, amendment and/or repeal of any rule

        S. 5775--A                          3
 
     1  or regulation necessary for the implementation of this act on its effec-
     2  tive  date  are  authorized  to  be made and completed on or before such
     3  effective date.
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