New York City Council Header
File #: Int 0971-2018    Version: * Name: Dangerous driving
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Transportation
On agenda: 6/7/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to dangerous driving
Sponsors: Brad S. Lander, Ritchie J. Torres, Antonio Reynoso, Donovan J. Richards, Carlos Menchaca, Adrienne E. Adams, Stephen T. Levin, James G. Van Bramer, Vanessa L. Gibson, Mark Treyger, Helen K. Rosenthal, Keith Powers , Justin L. Brannan, Diana Ayala , Ydanis A. Rodriguez, Carlina Rivera , Alicka Ampry-Samuel , Robert F. Holden, Karen Koslowitz, Costa G. Constantinides, Margaret S. Chin, The Public Advocate (Mr. Williams), Laurie A. Cumbo, Mark Levine, Rafael Salamanca, Jr., Robert E. Cornegy, Jr., Ben Kallos, Rafael L. Espinal, Jr., Daniel Dromm , Francisco P. Moya, Chaim M. Deutsch, Inez D. Barron
Council Member Sponsors: 31
Summary: Currently, the only consequence for traffic violations documented by red light cameras or speed cameras is a $50 fine for each violation, regardless of the number of such violations. In order to deter dangerous driving, this bill provides that, after a motor vehicle has been documented for traffic violations by red light camera or speed camera at least five times within a 12-month period, the owner will be required to complete a traffic safety program and pay the fees for such program. If the owner fails to complete a traffic safety program, the vehicle will be subject to impoundment and will be released when the owner completes the traffic safety program and pays the program and impoundment fees.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 971, 2. Int. No. 971, 3. Hearing Transcript - Stated Meeting 6-7-18, 4. Committee Report 8/15/18, 5. Hearing Testimony 8/15/18, 6. Hearing Transcript 8/15/18

Int. No. 971

 

By Council Members Lander, Torres, Reynoso, Richards, Menchaca, Adams, Levin, Van Bramer, Gibson, Treyger, Rosenthal, Powers, Brannan, Ayala, Rodriguez, Rivera, Ampry-Samuel, Holden, Koslowitz, Constantinides, Chin, the Public Advocate (Mr. Williams), Cumbo, Levine, Salamanca, Cornegy, Kallos, Espinal, Dromm, Moya, Deutsch and Barron

 

A Local Law to amend the administrative code of the city of New York, in relation to dangerous driving

 

Be it enacted by the Council as follows:

 

Section 1. Subchapter 3 of chapter 1 of title 19 of the administrative code of the city of New York is amended by adding a new section 19-199.1 to read as follows:

§ 19-199.1 Dangerous Driving. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Camera violation. The term “camera violation” means, on or after the date this section becomes law, the failure of an operator to comply with traffic-control indications pursuant to section 1111-a of the vehicle and traffic law and section 19-210 of the administrative code, or the failure of an operator to comply with certain posted maximum speed limits pursuant to section 1180-b of the vehicle and traffic law and section 39-21 of title 19 of the rules of the city of New York, other than any such violation that occurred in a time period during which the vehicle was reported to the police department as having been stolen.

Covered vehicle. The term “covered vehicle” means any motor vehicle, other than a rental vehicle as defined in section 137-a of the vehicle and traffic law, that has been documented by a photo violation monitoring device for a camera violation at least five times within a 12-month period or any motor vehicle determined by the department to be a covered vehicle pursuant to subdivision h.

Traffic safety program. The term “traffic safety program” means a traffic safety program approved by the department.

b. The department shall notify, by certified mail, the owner of a motor vehicle after the vehicle's fourth documentation for a camera violation in a 12-month period that such owner shall be required to complete a traffic safety program after the fifth camera violation or such vehicle will be subject to impoundment and informing such owner of the opportunity to complete such traffic safety program voluntarily prior to the fifth camera violation.

c. The department shall notify, by certified mail, the owner of any covered vehicle that such owner is required to complete a traffic safety program and that such covered vehicle shall be subject to impoundment if the owner does not register for such traffic safety program within 10 days or complete such traffic safety program within 30 days following receipt of such notice.

d. Any individual who completes a traffic safety program pursuant to this section shall be required to pay the fees for such traffic safety program. The department shall provide the option to pay such fees in installments.

e. Following completion of a traffic safety program and payment of fees for such traffic safety program, any camera violation that occurred prior to the completion of such traffic safety program shall not be taken into account for purposes of this section.

f. Any covered vehicle owned by a person who fails to complete a traffic safety program in accordance with subdivision c of this section shall be subject to impoundment by the department.

g. Any covered vehicle impounded pursuant to this section shall not be released until the owner of the covered vehicle completes a traffic safety program and pays the fees for the traffic safety program and all applicable towing and storage fees.

h. One year following the effective date of this section, the department shall promulgate rules and regulations designating vehicles as covered vehicles for the purposes of this section based on the indicators of dangerous driving identified by the study conducted pursuant to section 19-199.2.

§ 2. This local law takes effect 180 days after it becomes law.

 

NB

LS #6159

6/1/2018