§ 1800. Penalties for traffic infractions. (a) It is a traffic
infraction for any person to violate any of the provisions of this
chapter or of any local law, ordinance, order, rule or regulation
adopted pursuant to this chapter, unless such violation is by this
chapter or other law of this state declared to be a misdemeanor or a
felony.

(b) 1. Every person convicted of a traffic infraction for a violation
of any of the provisions of this chapter or of any ordinance, order,
rule or regulation adopted pursuant to section sixteen hundred thirty or
sixteen hundred thirty-one of this chapter for which another penalty is
not provided shall for a first conviction thereof be punished by a fine
of not more than one hundred fifty dollars or by imprisonment for not
more than fifteen days or by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than three hundred dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than four hundred fifty dollars or by imprisonment for not more
than ninety days or by both such fine and imprisonment, except that a
person convicted of a traffic infraction for a violation of paragraph
one of subdivision (d) of section one thousand one hundred eleven of
this chapter outside of a city having a population of one million or
more shall, for a first conviction thereof, be punished by a fine of not
less than seventy-five dollars nor more than two hundred twenty-five
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment; for a conviction of a second violation, both
of which were committed within a period of eighteen months, such person
shall be punished by a fine of not less than one hundred fifty dollars
nor more than three hundred seventy-five dollars or by imprisonment for
not more than forty-five days or by both such fine and imprisonment;
upon a conviction of a third or subsequent violation, all of which were
committed within a period of eighteen months, such person shall be
punished by a fine of not less than three hundred seventy-five dollars
nor more than six hundred seventy-five dollars or by imprisonment for
not more than ninety days or by both such fine and imprisonment except
that a person convicted for a violation of paragraph one of subdivision
(d) of section one thousand one hundred eleven of this chapter shall,
for a first conviction thereof, be punished by a fine of not less than
one hundred fifty dollars nor more than four hundred fifty dollars or by
imprisonment for not more than fifteen days or by both such fine and
imprisonment; for a conviction of a second violation, both of which were
committed within a period of eighteen months, such person shall be
punished by a fine of not less than three hundred dollars nor more than
seven hundred fifty dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not less than seven hundred fifty dollars nor more than one thousand
five hundred dollars or by imprisonment for not more than ninety days or
by both such fine and imprisonment.

2. Notwithstanding the provisions of paragraph one of this
subdivision, a person convicted of a traffic infraction for a violation
of paragraph two of subdivision (b) of section twelve hundred two of
this chapter shall for a first conviction thereof be punished by a fine
of not more than four hundred dollars or by imprisonment for not more
than fifteen days or by both such fine and imprisonment. Upon a
conviction for a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than six hundred dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than seven hundred fifty dollars or by imprisonment for not
more than ninety days or by both such fine and imprisonment.

(c) Every person convicted of a traffic infraction for a violation of
any local law, ordinance, order, rule, regulation or administrative code
provision adopted pursuant to this chapter by any local authority or
continued in effect by this chapter, except those adopted pursuant to
sections sixteen hundred thirty and sixteen hundred thirty-one, shall be
punished in the same manner as has heretofore been prescribed by law
unless or until otherwise prescribed by local law, ordinance or state
statute.

(d) A conviction of violation of any provision of this chapter shall
not be a bar to a prosecution for an assault or for a homicide committed
by any person in operating a motor vehicle or motorcycle.

(e) Every person convicted of a violation of the provisions of section
eleven hundred forty-four of this chapter shall for a first conviction
thereof be punished by a fine of not more than two hundred seventy-five
dollars or by imprisonment for not more than fifteen days or by both
such fine and imprisonment. For a conviction of a second violation, both
of which were committed within a period of eighteen months, such person
shall be punished by a fine of not more than four hundred fifty dollars
or by imprisonment for not more than forty-five days or by both such
fine and imprisonment. For a conviction of a third violation and all
subsequent violations, all of which were committed within a period of
eighteen months, such person shall be punished by a fine of not more
than seven hundred fifty dollars or by imprisonment for not more than
ninety days or by both such fine and imprisonment.

(f) Every person convicted of operating a truck, tractor or
tractor-trailer combination having a total gross weight in excess of ten
thousand pounds in violation of a local law, ordinance, rule or
regulation enacted by the legislative body of any city with a population
in excess of one million pursuant to the provisions of paragraph ten of
subdivision (a) of section sixteen hundred forty of this chapter shall,
for a first offense thereof, be punished by a fine of not less than two
hundred dollars nor more than five hundred dollars or by imprisonment
for not more than fifteen days or by both such fine and imprisonment.
For a conviction of a second violation, both of which were committed
within a period of eighteen months, such person shall be punished by a
fine of not less than five hundred dollars nor more than one thousand
dollars or by imprisonment for not more than forty-five days or by both
such fine and imprisonment. For a conviction of a third violation and
all subsequent violations, all of which were committed within a period
of eighteen months, such person shall be punished by a fine of not less
than one thousand dollars nor more than two thousand dollars, or by
imprisonment for not more than ninety days or by both such fine and
imprisonment.

(g) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the
operation on a highway or parkway of a motor vehicle registered as a
commercial vehicle and having a gross vehicle weight rating of less than
ten thousand pounds shall, for a first conviction thereof, be punished
by a fine of not more than two hundred fifty dollars or by imprisonment
of not more than fifteen days or by both such fine and imprisonment; for
a conviction of a second violation, both of which were committed within
a period of eighteen months, such person shall be punished by a fine of
not more than five hundred dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than seven hundred fifty dollars or by imprisonment of not more
than ninety days or by both such fine and imprisonment. Provided,
however, the provisions of this subdivision shall not apply to a
commercial motor vehicle as such term is defined in paragraph (a) of
subdivision four of section five hundred one-a of this chapter.

(h) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the
operation on a highway or parkway of a motor vehicle registered as a
commercial vehicle and having a gross vehicle weight rating of at least
ten thousand pounds but no more than twenty-six thousand pounds shall,
for a first conviction thereof, be punished by a fine of not more than
three hundred fifty dollars or by imprisonment of not more than fifteen
days or by both such fine and imprisonment; for a conviction of a second
violation, both of which were committed within a period of eighteen
months, such person shall be punished by a fine of not more than seven
hundred dollars or by imprisonment for not more than forty-five days or
by both such fine and imprisonment; upon a conviction of a third or
subsequent violation, all of which were committed within a period of
eighteen months, such person shall be punished by a fine of not more
than one thousand dollars or by imprisonment of not more than ninety
days or by both such fine and imprisonment; provided, however, the
provisions of this subdivision shall not apply to a commercial motor
vehicle as such term is defined in paragraph (a) of subdivision four of
section five hundred one-a of this chapter.

(i) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the
operation on a highway or parkway of a commercial motor vehicle as
defined in paragraph (a) of subdivision four of section five hundred
one-a of this chapter, for a first conviction thereof, be punished by a
fine of not more than seven hundred dollars or by imprisonment of not
more than fifteen days or by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than one thousand five hundred dollars or by imprisonment for
not more than forty-five days or by both such fine and imprisonment;
upon a conviction of a third or subsequent violation, all of which were
committed within a period of eighteen months, such person shall be
punished by a fine of not more than two thousand dollars or by
imprisonment of not more than ninety days or by both such fine and
imprisonment.