|SAME AS||No Same As|
|COSPNSR||D'Urso, Ortiz, Rivera, Mosley, Blake, Gottfried, Raia, Murray, Glick, Lavine, Cook, Errigo, Lawrence|
|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.|
|03/07/2017||referred to transportation|
|01/03/2018||referred to transportation|
|05/01/2018||amend (t) and recommit to transportation|
|05/01/2018||print number 6451a|
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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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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. LBD10386-02-8A. 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.