N.Y.
Vehicle & Traffic Law Section 1809-E
Additional surcharge required for certain violations
1.
* a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursuant to § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of this chapter, or for a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except:(i)
a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and(ii)
an adjudication of liability of an owner for a violation of subdivision (d) of § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter; and(iii)
an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; and(iv)
an adjudication of liability of an owner for a violation of bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter; and(v)
an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and(vi)
an adjudication of liability of an owner for a violation of § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of § 375 (Equipment)section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; and(vii)
an adjudication of liability of an owner for a violation of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; and(viii)
an adjudication of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. * NB Effective until May 3, 2024 * a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursuant to § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of this chapter, or for a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except:(i)
a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and(ii)
an adjudication of liability of an owner for a violation of subdivision (d) of § 1111 (Traffic-control signal indications)section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter; and(iii)
an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; and(iv)
an adjudication of liability of an owner for a violation of bus lane restrictions as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter; and(v)
an adjudication of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with Public Authorities Law § 2985 (Owner liability for failure of operator to comply with toll collection regulations)section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; and(vi)
an adjudication of liability of an owner for a violation of § 1174 (Overtaking and passing school bus)section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of § 375 (Equipment)section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article 29 (Special Stops Required)article twenty-nine of this chapter; and(vii)
an adjudication of liability of an owner for a violation of § 385 (Dimensions and weights of vehicles)section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article 10 (Dimensions and Weights of Vehicles)article ten of this chapter; and(viii)
an adjudication of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of § 1180 (Basic rule and maximum limits)section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article 30 (Speed Restrictions)article thirty of this chapter; and(ix)
an adjudication of liability of an owner for a violation of bus operation-related traffic regulations as defined by article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article 24 (Traffic Signs, Signals and Markings)article twenty-four of this chapter, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. * NB Effective May 3, 2024 b. Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of subdivision three of § 511 (Operation while license or privilege is suspended or revoked)section five hundred eleven of this chapter, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of one hundred seventy dollars.2.
The additional surcharges provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that rendered the conviction. Within the first ten days of the month following collection of such surcharges, the collecting authority shall pay such money to the state comptroller to be deposited to the general fund; provided, however, commencing April first, two thousand twenty-four, the surcharge provided for in paragraph b of subdivision one of this section shall be paid to counties in such manner and for such purposes as provided for in section eleven hundred ninety-seven of this chapter.3.
The provisions of subdivision four-a of section five hundred ten, subdivision three of section five hundred fourteen and subdivision three of section two hundred twenty-seven of this chapter governing actions which may be taken for failure to pay a fine or penalty shall be applicable to the additional surcharge imposed pursuant to this section.
Source:
Section 1809-E — Additional surcharge required for certain violations, https://www.nysenate.gov/legislation/laws/VAT/1809-E (updated Apr. 5, 2024; accessed Apr. 20, 2024).
