S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    698
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 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:
 
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00576-01-3
              

 A. 698                              2
 
 CATIONS  IS  INSURED SHALL BE INFORMED OF ALL SUCH DOCUMENTED VIOLATIONS
 OVER THE PAST TWO YEARS.
   (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.