Requires that certain information be printed on appearance tickets for alleged traffic infractions.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to the inclusion of certain information on an appearance ticket; and to amend the vehicle and traffic law, in relation to suspensions for failure to pay driver responsibility assessments
PURPOSE OR GENERAL IDEA OF BILL: To notify persons receiving a traffic ticket of the associated penalties by including certain information on an appearance ticket.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 names the legislation the "traffic violations fair notice act".
Section 2 adds subdivision 3 to section 150.10 of the criminal procedure law to require that appearance tickets contain language notifying the defendant of the maximum fine schedule, how points affect the ability to maintain a driver's license, to whom the driver responsibility assessment applies as well as the fine schedule, and maximum surcharges.
Section 3 adds subdivision 4-f to section 510 of the vehicle and traffic law that requires the department to send two notices, thirty days apart, stating the defendant has failed to pay the required drivers responsibility assessment.
Section 4 directs the commissioner of motor vehicles to implement the provisions of this act on its effective date.
Section 5 contains the effective date.
JUSTIFICATION: Persons receiving traffic tickets are often confused about the punishments or fines they may be facing. The act provides suitable for notification for persons who receive appearance tickets by mandating that all appearance tickets in New York State contain all the information regarding punishments or fines a person may be facing, specifically: the maximum fine schedule, how points affect the ability to maintain a driver's license, how the driver's responsibility assessment is applied as well as the fine schedule that accompanies it, and the maximum surcharge to a guilty plea.
Persons who fail to pay the driver's responsibility assessment within thirty days currently have their driver's license suspended. The act also provides for two additional demands for payment prior to suspension.
PRIOR LEGISLATIVE HISTORY: 2009-10: A.1061 Referred to Codes 2008: A.10919 Referred to Codes
EFFECTIVE DATE: This act shall take effect immediately; except that section two shall take effect on the 180th day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5333 2011-2012 Regular Sessions IN SENATE May 9, 2011 ___________Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the inclusion of certain information on an appearance ticket; and to amend the vehi- cle and traffic law, in relation to suspensions for failure to pay driver responsibility assessments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "traffic violations fair notice act". S 2. Section 150.10 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. WHENEVER AN APPEARANCE TICKET, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, IS ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 150.20 OF THIS ARTICLE TO A PERSON ALLEGING AN OFFENSE OF THE VEHICLE AND TRAFFIC LAW, SUCH APPEARANCE TICKET SHALL CONTAIN LANGUAGE IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, AND SHALL CONTAIN LANGUAGE NOTIFYING THE DEFENDANT OF: (A) THE MAXIMUM FINE SCHEDULE ESTABLISHED BY SECTION ONE THOUSAND EIGHT HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW; (B) HOW THE NUMBER OF POINTS ON YOUR LICENSE AFFECTS YOUR ABILITY TO MAINTAIN A DRIVER'S LICENSE, AS SET FORTH IN 15 NYCRR S 131.4; (C) THE DRIVER RESPONSIBILITY ASSESSMENT PROGRAM ESTABLISHED UNDER SECTION FIVE HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, TO WHOM IT APPLIES, AND THE FINE SCHEDULE THAT ACCOMPANIES IT; AND (D) THE MAXIMUM SURCHARGES THAT MAY BE APPLIED AGAINST A DRIVER IF HE OR SHE PLEADS GUILTY TO THE ALLEGED INFRACTION. S 3. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 4-f to read as follows: 4-F. SUSPENSION FOR FAILURE TO PAY DRIVER RESPONSIBILITY ASSESSMENT. BEFORE THE DEPARTMENT MAY SUSPEND THE DRIVER'S LICENSE OR PRIVILEGES OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00657-01-1 S. 5333 2
ANY PERSON WHO FAILS TO PAY THE DRIVER RESPONSIBILITY ASSESSMENT IMPOSED UPON HIM OR HER BY THE DEPARTMENT PURSUANT TO SECTION FIVE HUNDRED THREE OF THIS ARTICLE, THE DEPARTMENT MUST HAVE SENT SUCH PERSON NOTICES STAT- ING THAT HE OR SHE HAS FAILED TO PAY THE REQUIRED ASSESSMENT. SUCH NOTICES MUST BE SENT TO THE LAST KNOWN ADDRESS OF THE INDIVIDUAL ON TWO SEPARATE OCCASIONS, EACH OCCASION OCCURRING AT LEAST THIRTY DAYS APART. IF THE ASSESSMENT REMAINS UNPAID THIRTY DAYS AFTER THE SECOND AND FINAL NOTICE HAS BEEN SENT, THE DEPARTMENT MAY SUSPEND THE DRIVING PRIVILEGES OF SUCH PERSON. SUCH SUSPENSION SHALL TAKE EFFECT IMMEDIATELY. S 4. The commissioner of motor vehicles shall implement any rule or regulation necessary to implement the provisions of this act on its effective date. This shall include determining the language that shall appear on the ticket in accordance with the provisions of subdivision 3 of section 150.10 of the criminal procedure law. S 5. This act shall take effect immediately; except that section two of this act shall take effect on the one hundred eightieth day after it shall have become a law.