§ 1809-E — Additional surcharge required for certain violations

New York § 1809-E

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 9: Penalties and Disposition of Fines and Forfeitures

Text

§ 1809-e. Additional surcharge required for certain violations. 1. a.\nNotwithstanding any other provision of law, whenever proceedings in a\ncourt or an administrative tribunal of this state result in a conviction\nfor an offense under this chapter, except a conviction pursuant to\nsection eleven hundred ninety-two of this chapter, or for a traffic\ninfraction under this chapter, or a local law, ordinance, rule or\nregulation adopted pursuant to this chapter, except: (i) a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists; and (ii) an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter imposed pursuant to a local law or ordinance\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with traffic-control indications through the\ninstallation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter; and (iii) an adjudication of liability of an owner for a\nviolation of subdivision (b), (c), (d), (f) or (g) of section eleven\nhundred eighty of this chapter imposed pursuant to a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with such posted maximum speed\nlimits through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nand (iv) an adjudication of liability of an owner for a violation of bus\nlane restrictions as defined by article twenty-four of this chapter\nimposed pursuant to a bus rapid transit program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such bus lane restrictions through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; and (v) an adjudication of liability of an\nowner for a violation of toll collection regulations imposed by certain\npublic authorities pursuant to the law authorizing such public\nauthorities to impose monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with toll collection\nregulations of such public authorities through the installation and\noperation of photo-monitoring systems, in accordance with section two\nthousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; and (vi) an\nadjudication of liability of an owner for a violation of section eleven\nhundred seventy-four of this chapter when meeting a school bus marked\nand equipped as provided in subdivisions twenty and twenty-one-c of\nsection three hundred seventy-five of this chapter imposed pursuant to a\nlocal law or ordinance imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with school bus red\nvisual signals through the installation and operation of school bus\nphoto violation monitoring systems, in accordance with article\ntwenty-nine of this chapter; and (vii) an adjudication of liability of\nan owner for a violation of section three hundred eighty-five of this\nchapter and the rules of the applicable covered agency or covered\nauthority as such terms are defined in article ten of this chapter in\nrelation to gross vehicle weight and/or axle weight violations imposed\npursuant to a weigh in motion demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such gross vehicle weight and/or axle weight restrictions\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter; and\n(viii) an adjudication of liability of an owner for a violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; and (ix) an adjudication of\nliability of an owner for a violation of bus operation-related traffic\nregulations as defined by article twenty-four of this chapter imposed\npursuant to a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsuch bus operation-related traffic regulations through the installation\nand operation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, there shall be levied in addition\nto any sentence, penalty or other surcharge required or permitted by\nlaw, an additional surcharge of twenty-eight dollars.\n 2. The additional surcharges provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that rendered the conviction. Within the first ten days of the\nmonth following collection of such surcharges, the collecting authority\nshall pay such money to the state comptroller to be deposited to the\ngeneral fund; provided, however, commencing April first, two thousand\ntwenty-four, the surcharge provided for in paragraph b of subdivision\none of this section shall be paid to counties in such manner and for\nsuch purposes as provided for in section eleven hundred ninety-seven of\nthis chapter.\n 3. The provisions of subdivision four-a of section five hundred ten,\nsubdivision three of section five hundred fourteen and subdivision three\nof section two hundred twenty-seven of this chapter governing actions\nwhich may be taken for failure to pay a fine or penalty shall be\napplicable to the additional surcharge imposed pursuant to this section.\n