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A06451 Summary:

BILL NOA06451A
 
SAME ASNo Same As
 
SPONSORDenDekker
 
COSPNSRD'Urso, Ortiz, Rivera, Mosley, Blake, Gottfried, Raia, Murray, Glick, Lavine, Cook, Errigo, Lawrence
 
MLTSPNSRCrouch, Galef
 
Add 1118, V & T L
 
Creates additional penalties for failure to comply with traffic-control indications, including a temporary suspension of a vehicle's registration for repeat violations and an additional surcharge for repeat violations.
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A06451 Actions:

BILL NOA06451A
 
03/07/2017referred to transportation
01/03/2018referred to transportation
05/01/2018amend (t) and recommit to transportation
05/01/2018print number 6451a
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A06451 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6451A
 
SPONSOR: DenDekker
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to additional penalties for failure to comply with traffic-con- trol indications   PURPOSE OR GENERAL IDEA OF BILL: To suspend the registration of a vehicle for six months that has been documented by a photo violation monitoring device for failure to comply with traffic-control conditions five times in five separate months with- in a twelve month period or twenty times within a twelve month period.   SUMMARY OF PROVISIONS: Section 1 outlines that the suspension of registration will take place if there is a minimum of five violations in a minimum of five separate months over a twelve month period or if there are twenty violations in a twelve month period. An owner is defined in article two-B of this chap- ter. Traffic-control signal photo violation monitoring system is defined as a vehicle sensor which automatically produces two or more photo- graphs, microphotographs, or video of the violation. This will not apply to rental vehicles. There will also be an additional surcharge for multiple violations. Section two outlines the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The original bill stated that the registration would be suspended after five violations in a five month period. The amended version changes that to five violations in five separate months, and adds the penalty for twenty violations in a twelve month period. Also, it adds an additional surcharge for the multiple violations.   JUSTIFICATION: This bill aims to increase an owner's responsibility when operating or loaning their vehicle. A vehicles registration will be suspended for six months if there are five violations in five separate months or twenty violations overall in a twelve month period. After registration is suspended, the sanctioned vehicle will no longer be able to legally operate on the roadways. The additional surcharge for multiple violations creates a motivation to act responsibly on the road. There- fore, to avoid having a vehicle's registration suspended, motorists must act responsibly when operating or loaning their vehicles.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A06451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6451--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2017
                                       ___________
 
        Introduced  by M. of A. DenDEKKER, D'URSO, ORTIZ, RIVERA, MOSLEY, BLAKE,
          GOTTFRIED, RAIA, MURRAY, GLICK,  LAVINE,  COOK,  ERRIGO,  LAWRENCE  --
          Multi-Sponsored by -- M. of A. CROUCH, GALEF -- read once and referred
          to  the Committee on Transportation -- recommitted to the Committee on
          Transportation in accordance with Assembly Rule 3, sec. 2 -- 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  additional
          penalties 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. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1118 to read as follows:
     3    §  1118.  Additional  penalties  for failure to comply with a traffic-
     4  control signal. Notwithstanding any provision of law or any local law or
     5  ordinance to the contrary:
     6    (a) Suspension of registration for multiple violations. The  registra-
     7  tion  of a vehicle which has been documented by a traffic-control signal
     8  photo violation-monitoring system for failure of an operator thereof  to
     9  comply  with  traffic-control indications pursuant to this article shall
    10  be suspended for a period of six months commencing five days  after  the
    11  notice  of  liability  for  the violation triggering such suspension has
    12  been mailed when such vehicle has been documented:
    13    1. a minimum of five times, with occurrences  in  a  minimum  of  five
    14  separate months within a twelve month period; or
    15    2. a total of twenty times or more, within a twelve month period.
    16    (b)  Additional surcharge for multiple violations. An owner of a vehi-
    17  cle which has been documented by a traffic-control signal  photo  viola-
    18  tion-monitoring system for failure of an operator thereof to comply with
    19  traffic-control indications pursuant to this article shall be subject to
    20  an additional surcharge for a subsequent violation occurring in a subse-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10386-02-8

        A. 6451--A                          2
 
     1  quent  month  from  the initial violation. Such surcharge shall be fifty
     2  dollars for the second violation, seventy-five  dollars  for  the  third
     3  violation,  one  hundred  dollars for the fourth violation, five hundred
     4  dollars  for  the fifth violation and one thousand dollars for the sixth
     5  and each subsequent violation.
     6    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
     7  provided in article two-B of this chapter. For purposes of this section,
     8  "traffic-control  signal photo violation-monitoring system" shall mean a
     9  vehicle sensor installed to work in conjunction with  a  traffic-control
    10  signal which automatically produces two or more photographs, two or more
    11  microphotographs,  a  videotape or other recorded images of each vehicle
    12  at the time it is used or operated in violation of  subdivision  (d)  of
    13  section eleven hundred eleven of this article.
    14    (d)  This  section  shall not apply to a rental vehicle, as defined in
    15  section one hundred thirty-seven-a of this chapter.
    16    § 2. This act shall take effect immediately.
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