Creates a traffic adjudication appeals bureau in executive department for appeals from traffic violations bureau; repealer

Title of bill

An act to amend the executive law and the vehicle and traffic law, in relation to creating a traffic adjudication appeals bureau within the executive department, and repealing section 228 of the vehicle and traffic law, relating to administrative review of hearing officer determinations by department of motor vehicles appeals boards

Summary

To reform the traffic administrative adjudication and appeals process of the Department of Motor Vehicles in order to ensure the equitable and impartial treatment of all motorists.

Justification

In response to hundreds of complaints from motorists and attorneys about hearing delays, confusing, contradictory and inefficient procedures and guidelines and inequitable treatment, the NYS Bar' Association Task Force on Administrative Adjudication studied the procedures and practices of the system of administrative adjudication of traffic offenses and concluded that the courts operate "in a fashion that is unfair, both in fact and in appearance to the average motorist."

The task force found that the most compelling issue confronting the administrative adjudication process is the undue and improper administrative interference. While individual administrative law judges are attempting to adjudicate the cases on the merits, they are prevented from doing so because of a system that:

1) imposes, and attempts to enforce, conviction and fine rates (65% conviction rate);

2) requires hearing officers to justify acquittals;

3) mandates hearing officers to submit to monthly reviews of their substantive decisions and their conviction and fine records by supervisors; and

4) requires hearing officers to excuse police laxity in the prosecution and presentation of cases.

With approximately 2 million complaints and some 600,000 hearings held annually, the system must operate efficiently and that the disposition of each case is fair and based on its own merits. The system must not only be equitable but also must be perceived to be so by the residents of this state. Thus, this bill would reform the adjudication system at the Department of Motor Vehicles by mandating the promulgation of rules and regulations governing the conduct of each hearing and removes the appeals process from the department to guarantee the independence of the senior judges and the integrity of the system.

Fiscal implication

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.