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S8826Senate2017-2018 Session

Increase Penalties for Repeat Speeders

Official title

“Relates to liability for violations imposed through the use of traffic-control signal photo-monitoring systems and photo speed violation monitoring systems”

Sponsor Simcha FelderSD-17Affects Local Government
Status
In Senate Committee
Cities
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

What's happening

This bill increases penalties and mandates six-month registration suspensions for vehicles with multiple photo traffic violations, and notifies insurance carriers after repeated offenses.

Why it matters

  1. Escalates financial consequences for repeat offenders. The bill introduces a sharply tiered fine system for photo-enforced red light and speed violations, raising penalties from $50 for first/second offenses up to $350 for a sixth or subsequent offense within two years, creating a strong financial incentive to avoid repeated violations.

  2. Directly targets habitual violators with severe registration penalties. Any non-rental vehicle accumulating six or more camera-based violations in a year will have its registration suspended for six months, potentially taking chronic offenders off the road and signaling increased seriousness in enforcement.

  3. Involves insurance carriers after repeated offenses. For drivers with five or more violations in two years, the law mandates that the Department of Motor Vehicles notify the owner's insurance company, which could lead to higher premiums or even loss of coverage, extending penalties beyond fines and suspensions.

  4. Aims to increase accountability and deterrence. By escalating consequences not just through fines but also through registration actions and insurance impacts, the bill seeks to deter habitual dangerous driving behaviors in a way that may be more effective than fines alone.

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Who cares

Headline styles

Increase Penalties for Repeat Speeders

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Simcha Felder

Senator · Senate District 17

Chair, CitiesChair, New York City Education Subcommittee

No co-sponsors yet.

History

  1. Referred to cities

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8826

IN SENATE

May 23, 2018

Introduced by Sen. FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities

AN ACT to amend the vehicle and traffic law, in relation to liability for violations imposed through the use of traffic-control signal photo-monitoring systems and photo speed violation monitoring systems

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 2-b to read as follows:

2-b. Mandatory suspension of registration of a vehicle with six or more findings of liability under sections eleven hundred eleven-a and eleven hundred eighty-b of this chapter. Within seven days of the receipt of notification from a parking violations bureau of a vehicle, other than a rental vehicle as defined in section one hundred thirtyseven-a of this chapter, with six or more findings of liability within a twelve month period under local laws adopted pursuant to sections eleven hundred eleven-a and/or eleven hundred eighty-b of this chapter, the registration of such vehicle shall be suspended for six months.

§ 2. Subdivisions (e) and (f) of section 1111-a of the vehicle and traffic law, subdivision (e) as amended by chapter 479 of the laws of 1994 and subdivision (f) as added by chapter 746 of the laws of 1988, are amended to read as follows:

(e) An owner liable for a violation of subdivision (d) of section eleven hundred eleven of this article pursuant to a local law or ordinance 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] a first or second violation within a two year period, one hundred fifty dollars for a third violation within a two year period, two hundred fifty dollars for a fourth violation within a two year period, three hundred dollars for a fifth violation within a

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15904-01-8

S. 8826 2

two year period and three hundred fifty dollars for a sixth or subsequent 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.

(f) An imposition of liability under a local law or ordinance adopted pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed [nor shall it] but may be used for insurance purposes in the provision of motor vehicle insurance coverage in accordance with this subdivision. Upon a fifth or subsequent finding of liability within a two year period, the parking violations bureau shall notify the department of such findings of liability and such department shall notify the vehicle owner's insurance carrier.

§ 3. Subdivisions (e) and (f) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, are amended to read as follows:

(e) An owner liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to a demonstration program established pursuant to this section shall be liable for monetary penalties in accordance with a schedule of fines and penalties to be promulgated by the parking violations bureau of the city of New York. The liability of the owner pursuant to this section shall not exceed fifty dollars for [each] a first or second violation within a two year period, one hundred fifty dollars for a third violation within a two year period, two hundred fifty dollars for a fourth violation within a two year period, three hundred dollars for a fifth violation within a two year period and three hundred fifty dollars for a sixth or subsequent violation within a two year period; provided, however, that such parking violations bureau 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.

(f) An imposition of liability under the demonstration program established pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the operating record of the person upon whom such liability is imposed [nor shall it] but may be used for insurance purposes in the provision of motor vehicle insurance coverage in accordance with this subdivision. Upon a fifth or subsequent finding of liability within a two year period, the parking violations bureau shall notify the department of such findings of liability and such department shall notify the vehicle owner's insurance carrier.

§ 4. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that:

(a) the amendments to subdivisions (e) and (f) of section 1111-a of the vehicle and traffic law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith; and

(b) the amendments to subdivisions (e) and (f) of section 1180-b of the vehicle and traffic law made by section three of this act shall not affect the repeal of such section and shall be deemed repealed therewith.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to liability for violations imposed through the use of traffic-control signal photo- monitoring systems and photo speed violation monitoring systems

Purpose or general idea of bill

Escalates the maximum fines, allows use of data by insurance carriers, and suspends vehicle registration for multiple red light camera and school speed zone camera violations within a 2-year period

Summary of specific provisions

Section one of this bill adds a new subdivision 2-b to Section 510 of the Vehicle and Traffic Law requiring mandatory suspension of vehicle registration with six or more findings of liability under local laws enacted pursuant to sections 1111-a and/or 1180-b of the Vehicle and Traffic Law.

Section two amends section 1111-a (e) and (f) of the Vehicle and Traffic Law by escalating the maximum fines associated with a red light camera violation based on the number of such violations committed within a two year period. It also requires, upon a fifth or subsequent finding of liability within a two year period, that the Parking Violations Bureau notify the Department of Motor Vehicles (DMV) of such findings. In turn DMV must notify the vehicle owner's insurance carrier.

Section three amends section 1180-b (e) and (f) of the Vehicle and Traf- fic Law by escalating the maximum fines associated with a school speed zone camera violation based on the number of such violations committed within a two year period. It also requires, upon a fifth or subsequent finding of liability within a two year period, that the Parking Violations Bureau notify DMV of such findings. In turn DMV must notify the vehicle owner's insurance carrier.

Section four provides that the law takes effect ninety days after its enactment.

Justification

This legislation, proposed in the aftermath of a fatal crash in Park Slope, Brooklyn that claimed the lives of two children, would escalate the maximum fines that could be imposed for red light camera and school speed zone camera violations. Currently, there is a maximum $50 fine for any photo violation, and fines may not increase above that amount despite recurring violations. In addition, insurers are prohibited from using camera violation data when setting rates. This proposal would escalate maximum fines, suspend vehicle registration and allow use of data by insurance carriers for multiple violations within a 2-year peri- od as shown in the following chart. Red Light & Speed Camera Violations Fines Vehicles FY 16-17 1st $50 949,272 2nd $50 298,952 3rd $150 121,393 4th $250 55,469 5th $300 27,838 + insurance informed 6th or more $350 34,134 + registration suspended

Under current law, if a driver is repeatedly stopped by police for running a red light or speeding, they face escalating penalties, includ- ing license points and suspension. This legislation seeks to build in a similar framework for automated enforcement. Drivers who repeatedly speed and run lights at intersections are putting the public at risk and more aggressive consequences are needed for this small minority of driv- ers.

The vast majority of drivers are responsible and do not receive multiple red light camera and school speed zone camera tickets, and would there- fore be unaffected. Dangerous drivers, though, need additional deter- rents to change their behavior.

Prior legislative history

None.

Fiscal implications

TBD

Effective date

This act shall take effect on the ninetieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.