Bill Text: NY S05102 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for penalties for drivers who receive speeding infractions within a designated school zone, as well as specifies reports to be filed if a driver has multiple speeding infractions within a school zone.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S05102 Detail]

Download: New_York-2019-S05102-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5102
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 9, 2019
                                       ___________
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law,  in  relation  to  speeding
          violations within a designated school zone
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is amended by  adding  two  new
     2  sections 1180-d and 1180-e to read as follows:
     3    §  1180-d. Speeding violation report to be provided to the commission-
     4  er. Any municipality that has established a demonstration project impos-
     5  ing monetary liability on the owner of a  vehicle  for  failure  of  the
     6  operator  thereof to comply with posted maximum speed limits in a school
     7  zone pursuant to sections eleven  hundred  eighty-b  or  eleven  hundred
     8  eighty-c  of  this article, shall file a written report with the commis-
     9  sioner when any owner has been found liable  more  than  three  separate
    10  times within the previous twelve months within such municipality.
    11    §  1180-e.  Suspension  of  registrations.  1.  The commissioner, upon
    12  receipt of evidence that an owner of a vehicle has been found liable for
    13  the failure of the operator thereof to comply with posted maximum  speed
    14  limits  in a school zone pursuant to sections eleven hundred eighty-b or
    15  eleven hundred eighty-c of this article, more than three times within  a
    16  twelve-month period shall suspend the registration of such vehicle for a
    17  period of six months.
    18    2. The commissioner, upon receipt of evidence that an owner of a vehi-
    19  cle  has  been  found  liable for the failure of the operator thereof to
    20  comply with posted maximum speed limits in a  school  zone  pursuant  to
    21  sections  eleven  hundred  eighty-b  or  eleven hundred eighty-c of this
    22  article, more than three times within a twelve month period  on  two  or
    23  more occasions within a three-year period shall suspend the registration
    24  of such vehicle for a period of one year.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10971-01-9
        S. 5102                             2
     1    3.  Such  motor vehicle shall not be registered or reregistered in the
     2  name of such person, or in any other name  where  the  commissioner  has
     3  reasonable  grounds  to believe that such registration or reregistration
     4  will have the effect of superseding the purposes of this article, and no
     5  other  motor  vehicle  shall  be  registered  in the name of such person
     6  during the period of such suspension.
     7    § 2. The section heading and subdivision 1 of section  1809-d  of  the
     8  vehicle  and  traffic  law, as added by chapter 223 of the laws of 2005,
     9  are amended to read as follows:
    10    Mandatory surcharge for violation of maximum speed  limits  in  school
    11  zones  and  highway  construction or maintenance work areas. 1. Notwith-
    12  standing any other provision of law, whenever proceedings in an adminis-
    13  trative tribunal or court result in a finding of liability or conviction
    14  for a violation of subdivision (c), paragraph two of subdivision (d)  or
    15  subdivision  (f) of section eleven hundred eighty of this chapter or any
    16  other statute, local law, ordinance or rule involving the maximum  speed
    17  limits  in  school  zones  or  highway  construction or maintenance work
    18  areas, there shall be levied a mandatory surcharge in  addition  to  any
    19  other  sentence, fine or penalty otherwise permitted or required, in the
    20  amount of fifty dollars. Such surcharge shall not be deemed  a  monetary
    21  penalty  for  the  purposes  of section two hundred thirty-seven of this
    22  chapter or section 19-203 of the administrative code of the city of  New
    23  York.
    24    § 3. This act shall take effect on the one hundred twentieth day after
    25  it  shall have become a law. Effective immediately, the addition, amend-
    26  ment and/or repeal of any rule or regulation necessary for the implemen-
    27  tation of this act on its effective date are authorized to be  made  and
    28  completed on or before such effective date.