BILL NUMBER: S5496

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to fees charged
to certain motorists

 
PURPOSE:

To assign a fee to drivers with vehicles with license plates from States
which have enacted legislation that allow the drivers of those vehicles
the ability to skirt New York City traffic laws which utilize technology
that prevents accidents and saves lives.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 516-C to the Vehicle and Traffic Law
authorizing the New York City Department of Transportation ("DOT") to
impose a $50 fee on vehicles entering NYC that display license plates
from a State which does not provide information related to drivers
licensed from that State for the purpose of imposing fines or penalties
              

for traffic infractions, including through the use of a traffic control
signal monitoring system, speed control devices, or other photo-monitor-
ing systems. The DOT is authorized to construct, operate, and maintain
facilities and equipment identifying those vehicles to collect the fee.
The fee may be paid by the driver of the vehicle in cash, credit card,
or debit card. If the driver is unable to pay the fee at that time, the
driver must provide their name, address, telephone number, and the vehi-
cle's license plate number so the DOT may bill the driver of the vehicle
for the fee. In conjunction with the NYC Commissioner of Finance or any
other NYC agency, the DOT Commissioner is required to enter into an
agreement with a financing agency or card issuer to provide for the
acceptance of credit cards by NYC as an alternate means of payment of
the fee.  Revenues collected must be deposited in the NYC general fund
and that the DOT Commissioner must promulgate rules and regulations to
effectuate the provisions of this section.

Section 2 is the effective date.

 
JUSTIFICATION:

In 1988, New York State enacted legislation which granted New York City
the ability to launch the nation's first Red Light Camera program in
1994. The program has been effective at deterring drivers from disobey-
ing red lights, with the average daily number of red-light violations
issued at each camera location declining by over 84%. To address the
pervasive problem of speeding motorists in New York City, in 2013 NYC
received authorization to use a limited number of speed safety cameras
in school zones during certain hours of the day. Following a 60% drop in
speeding infractions in locations where speed safety cameras had been
installed, the program was renewed and the number of school speed zones
cameras was increased. However, safety concerns still existed as 33% of
serious deaths and injuries had occurred at times when the speed cameras
were not permitted to operate. As a result, the program was subsequently
expanded to allow speed cameras to operate 24 hours a day, 7 days a
week.


Unfortunately, although red-light and speed safety cameras have proven
to be successful at discouraging negligent behavior, there are lawmakers
in certain States who are more interested in protecting the ability of
their drivers to drive recklessly in NYC rather than have them face the
consequences of breaking NYC traffic laws, specifically those captured
by a red-light and speed cameras. When New York State joined the Driver
License Compact in 1965 (and successor compacts thereafter), it joined
other States in promoting compliance with the laws relating to the oper-
ation of motor vehicles. One way this is achieved is in situations when
an individual who is convicted of certain traffic offenses is licensed
to drive by another State. These compacts allow the State where the
individual has been convicted to share with the State where they
obtained their driver's license that the person has been convicted of
the traffic offense, thereby allowing the State which provided them
their driver's license to treat the conviction in the same manner as if
the conviction had occurred in the home State for the purpose of admin-
istrative action, such as driver's license suspension.

There are currently States that are seeking to enact legislation that
would prohibit their Department of Motor Vehicles or equivalent and
their other State entities from disclosing the personal information of
their drivers to another State for the purpose of allowing the other
State to impose or collect a fine resulting from an alleged violation
committed in that State that is captured by a red-light or speed camera.
Although New York State cannot compel other States to adhere to the
goals of the compacts, New York State can take pre-emptive action should
another State adopt such an irresponsible policy into law.

 
LEGISLATIVE HISTORY:

2021-2022: S.9564 - Referred to Rules/A.10686 - Referred to Transporta-
tion

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.