Bill Text: NY A00933 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A00933 Detail]

Download: New_York-2021-A00933-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           933

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05357-01-1
        A. 933                              2

     1  failure of an operator thereof  to  comply  with  traffic-control  indi-
     2  cations  is  insured shall be informed of all such documented violations
     3  over the past two years.
     4    (ii) The registration of a vehicle which has been documented six times
     5  within a twenty-four month period by a photo violation monitoring device
     6  for  failure of an operator thereof to comply with traffic-control indi-
     7  cations shall be suspended for a period of ninety  days  commencing  ten
     8  days  after  the  notice  of  liability for the sixth violation has been
     9  mailed.
    10    (iii) This paragraph shall not apply to a rental vehicle,  as  defined
    11  in section one hundred thirty-seven-a of this chapter.
    12    3.  The  department  shall,  by  certified  mail, alert the owner of a
    13  registered vehicle after the vehicle's fourth documentation in two years
    14  by a photo violation monitoring device for failure of an operator there-
    15  of to comply with traffic-control indications that the company by  which
    16  such vehicle is insured will be informed of all such violations over the
    17  past two years and such vehicle shall be suspended for ninety days after
    18  two more documentations.
    19    §  2.  This  act shall take effect immediately; provided, however, the
    20  amendments made to subdivision (e) of section 1111-a of the vehicle  and
    21  traffic  law made by section one of this act shall not affect the repeal
    22  of such section and shall be deemed repealed therewith.