What's happening
This bill changes traffic infraction default judgment notifications from certified to first class mail and clarifies judgment enforcement procedures.
Why it matters
Switching from certified to first-class mail for default judgment notifications could reduce costs for the court system and speed up the notification process, but it may also make it easier for some recipients to claim they did not receive notice, potentially affecting due process.
The bill clarifies that the court—not just the clerk—may file a default judgment, which could streamline administrative procedures and make it easier to enforce penalties for unpaid traffic infractions.
By explicitly stating that a filed default judgment has the same force as any other civil judgment and can be enforced in the same way (such as through property execution), the bill ensures that unpaid fines can be collected as robustly as other debts, which could increase compliance and revenue for municipalities.
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Who cares
Drivers facing unanswered traffic infractions
The bill would replace certified-mail default notices with first-class mail and specify that a default judgment may be filed with the county clerk.
Courts handling traffic infractions outside cities over one million population
The bill would expressly give courts discretion to file default judgments with county clerks, rather than require filing.
Traffic violations bureaus and court clerks
They would send the required notice of an impending guilty plea and default judgment by first-class rather than certified mail.
County clerks
Courts could file traffic default judgments with their offices, giving those judgments the effect of docketed judgments enforceable against property for eight years.
Headline styles
Make Default Judgments Optional
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2714
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to default judgments in cases of failure to answer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 1806-a of the vehicle and traffic law, as added by chapter 841 of the laws of 1984, are amended to read as follows:
1. In the event a person charged with a traffic infraction does not answer within the time specified, the court having jurisdiction, other than a court in a city over one million population may, in addition to any other action authorized by law, enter a plea of guilty on behalf of the defendant and render a default judgment of a fine determined by the court within the amount authorized by law. Any judgment entered pursuant to default shall be civil in nature, but shall be treated as a conviction for the purposes of this section. However, at least thirty days after the expiration of the original date prescribed for entering a plea and before a plea of guilty and a default judgment may be rendered, the traffic violations bureau or, if there be none, the clerk of the court, shall notify the defendant by [certified] first class mail: (a) of the violation charged; (b) of the impending plea of guilty and default judgment; (c) that such judgment [will] may be filed with the county clerk of the county in which the operator or registrant is located [,]; and (d) that a default or plea of guilty may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. Pleas entered within that period shall be in a manner prescribed in the notice. In no case shall a default judgment and plea of guilty be rendered more than two years after the expiration of the time prescribed for originally entering a plea. When a person has entered a plea of not guilty and has demanded a hearing, no fine or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00951-01-9
A. 2714 2
penalty shall be imposed for any reason, prior to the holding of the hearing which shall be scheduled by the court of such city, village or town within thirty days of such demand.
2. The court in which a default judgment is entered may file such judgment and the filing of the default judgment with the county clerk shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record and such judgment shall remain in full force and effect for eight years notwithstanding any other provision of law.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.