Prohibits any municipality from collecting a fine, penalty or forfeiture when the charge of a violation of the vehicle and traffic law is dismissed

Title of bill

An act to amend the vehicle and traffic law, in relation to the imposition of fines when a person is convicted of or found liable for certain charges, and to amend chapter 578 of the laws of 2015 amending the vehicle and traffic law relating to prohibiting any municipality from collecting a fine, penalty or forfeiture when the charge of a violation of the vehicle and traffic law is dismissed, in relation to the effectiveness thereof

Purpose

This bill is a chapter amendment to Chapter 578 of the Laws of 2015 which ensures that a person who had a vehicle or traffic violation dismissed and who was not held liability for any violation in satisfaction of such charge cannot have an additional fee or charge assessed by any municipality.

Summary of provisions

Section 1: Clarifies that a fine, penalty, forfeiture, or fee may only be imposed by a municipality against a person charged with a violation of this chapter or any local law, ordinance, rule, regulation or administrative code if such person is found guilty of such charge or any violation in satisfaction of such charge.

Section 2: Amends the effective date of Chapter 578 of the Laws of 2015 from 120 to 60 days.

Section 3: Preempts and invalidates any inconsistent local law, ordinance, order, rule, regulation or administrative code that relates to imposing any fine, penalty, forfeiture, fee, or surcharge against a person charged with a violation of the vehicle and traffic law. It also provides that any penalties imposed before the effective date of the chapter may still be collected.

Section 4: Establishes the effective date.

Existing law

Chapter 578 of the Laws of 2015 was signed into law on December 22, 2015, and goes into effect 120 days after such date. These changes will amend the effective date of the chapter to 60 days.

Justification

Assessing a fine, penalty, forfeiture, or fee for a violation that has been dismissed places an undue burden on motorists and should not be allowed. Numerous complaints have risen in which a motorist is charged an "administrative fee" when their charge has been dismissed. People who have to show up to court must sacrifice their time away from work, family, and other responsibilities only to find out they owe a fee for showing up even after their violation is dismissed by the court.

Legislative history

A chapter amendment to Chapter 578 of the Laws of 2015.

Fiscal implications

None.

Effective date

This act shall take effect on the same date and in the same manner as a chapter of the laws of 2015 amending the vehicle and traffic law relating to prohibiting any municipality from collecting a fine, penalty or forfeiture when the charge of a violation of the vehicle and traffic law is dismissed, as proposed in legislative bills numbers S.5046-A and A.7230-A, takes effect.