NY State Senate Bill 2021-S8915

Senate Bill S8915

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 28, 2022	referred to transportation

2021-S8915 (ACTIVE) - Details

See Assembly Version of this Bill:: A933
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1111-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10258
2019-2020: A3413
2023-2024: S1652, A698

2021-S8915 (ACTIVE) - Summary

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.

2021-S8915 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8915

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE:

To implement a system of escalating penalties for vehicles that are
documented by a photo violation monitoring device for failure to comply
with traffic control indications. This bill is meant to deter drivers
from committing repeated traffic control indication violations through
an escalating fine structure which after six violations over a two year
period would require for the registration on the car to be suspended for
ninety days.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision (e) of section 1111-a of the vehicle and traffic
law, as amended by chapter 479 of the laws of 1994, is amended to
include that the first two photo violations within a two year period
will be fined fifty dollars each, one hundred fifty for the third
violation, two hundred fifty for the fourth violation, three hundred
dollars for the fifth violation and three hundred fifty dollars for the
sixth violation within a two year period.

2. (i) The insurance company for which the vehicle is insured shall be
notified about. the vehicle has been documented five times within a two
year period by a photo violation monitoring device.

(ii) The vehicle's registration, after being documented six times over a
two year period by a photo violation monitoring device for failure of an
operator thereof to comply with traffic-control indications shall be
suspended for a period of ninety days.

(iii) Does not apply to rental vehicles

3. By certified mail, the Department of Motor Vehicles shall notify the
owner of registered vehicles after the vehicle's fourth documentation in
two years by a photo violation monitoring device for failure to comply
with traffic-control indications that after two more documented
violations, the registration of the vehicle shall be suspended for nine-
ty days.

Section 2. This act shall take effect immediately

 
JUSTIFICATION:

On March 5th 2018, a motorist ran through a red light into a crowded
sidewalk and killed two young children. The driver of the vehicle had
accumulated eight documented photo violations for failure to comply with
traffic-control indications over an 8 month period. If this bill were
law, the registration on her car would have been suspended; she would
have been unable to drive that car legally and may therefore have not
been behind the wheel that day and not been able to kill those two chil-
dren. This bill, through its escalating fine structure, insurance
reporting, and ultimate vehicle registration suspension is meant to
deter drivers from speeding and behaving recklessly while operating a
motor vehicle.

 
LEGISLATIVE HISTORY:

A.10258 from 2017-18 A.3413 from 2019-20

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8915 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8915
 
                             I N  S E N A T E
 
                              April 28, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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:
 
   Section  1. Subdivision (e) of section 1111-a of the vehicle and traf-
 fic law, as amended by chapter 479 of the laws of 1994,  is  amended  to
 read as follows:
   (e)  1.  An owner liable for a violation of subdivision (d) of section
 eleven hundred eleven of this article pursuant to a local law  or  ordi-
 nance  adopted  pursuant  to  this  section shall be liable for monetary
 penalties in accordance with a schedule of fines and penalties to be set
 forth in such local law or ordinance, except that in a  city  which,  by
 local  law, has authorized the adjudication of such owner liability by a
 parking violations bureau, such schedule shall be  promulgated  by  such
 bureau.    The liability of the owner pursuant to this section shall not
 exceed fifty dollars for [each violation] THE FIRST TWO VIOLATIONS WITH-
 IN A TWO YEAR PERIOD, ONE HUNDRED FIFTY DOLLARS FOR THE THIRD  VIOLATION
 WITHIN  A  TWO  YEAR  PERIOD,  TWO  HUNDRED FIFTY DOLLARS FOR THE FOURTH
 VIOLATION WITHIN A TWO YEAR PERIOD, THREE HUNDRED DOLLARS FOR THE  FIFTH
 VIOLATION  WITHIN A TWO YEAR PERIOD, AND THREE HUNDRED FIFTY DOLLARS FOR
 THE SIXTH VIOLATION WITHIN A TWO YEAR PERIOD;  provided,  however,  that
 such local law or ordinance may provide for an additional penalty not in
 excess  of  twenty-five  dollars  for  each violation for the failure to
 respond to a notice of liability within the prescribed time period.
   2. (I) THE COMPANY BY WHICH A VEHICLE HAS BEEN DOCUMENTED  FIVE  TIMES
 WITHIN  A  TWO  YEAR  PERIOD  BY A PHOTO VIOLATION MONITORING DEVICE FOR
 FAILURE OF AN OPERATOR THEREOF  TO  COMPLY  WITH  TRAFFIC-CONTROL  INDI-
 CATIONS  IS  INSURED SHALL BE INFORMED OF ALL SUCH DOCUMENTED VIOLATIONS
 OVER THE PAST TWO YEARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05357-01-1

 S. 8915                             2
 
   (II) THE REGISTRATION OF A VEHICLE WHICH HAS BEEN DOCUMENTED SIX TIMES
 WITHIN A TWENTY-FOUR MONTH PERIOD BY A PHOTO VIOLATION MONITORING DEVICE
 FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL  INDI-
 CATIONS  SHALL  BE  SUSPENDED FOR A PERIOD OF NINETY DAYS COMMENCING TEN
 DAYS  AFTER  THE  NOTICE  OF  LIABILITY FOR THE SIXTH VIOLATION HAS BEEN
 MAILED.
   (III) THIS PARAGRAPH SHALL NOT APPLY TO A RENTAL VEHICLE,  AS  DEFINED
 IN SECTION ONE HUNDRED THIRTY-SEVEN-A OF THIS CHAPTER.
   3.  THE  DEPARTMENT  SHALL,  BY  CERTIFIED  MAIL, ALERT THE OWNER OF A
 REGISTERED VEHICLE AFTER THE VEHICLE'S FOURTH DOCUMENTATION IN TWO YEARS
 BY A PHOTO VIOLATION MONITORING DEVICE FOR FAILURE OF AN OPERATOR THERE-
 OF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THAT THE COMPANY BY  WHICH
 SUCH VEHICLE IS INSURED WILL BE INFORMED OF ALL SUCH VIOLATIONS OVER THE
 PAST TWO YEARS AND SUCH VEHICLE SHALL BE SUSPENDED FOR NINETY DAYS AFTER
 TWO MORE DOCUMENTATIONS.
   §  2.  This  act shall take effect immediately; provided, however, the
 amendments made to subdivision (e) of section 1111-a of the vehicle  and
 traffic  law made by section one of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.

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