N.Y. Vehicle & Traffic Law § 1809-e: Additional surcharge required for certain violations

§ 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

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 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 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 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 thirty of this chapter;

and (iv) an adjudication of liability of an owner for a violation of bus

lane restrictions as defined by 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

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 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 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

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

twenty-nine of this chapter; and (vii) an adjudication of liability of

an owner for a violation of section three hundred eighty-five of this

chapter and the rules of the applicable covered agency or covered

authority as such terms are defined in article ten of this chapter 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 ten of this chapter; and

(viii) an adjudication of liability of an owner for a violation of

subdivision (b), (d), (f) or (g) of 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 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 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 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.

b. Notwithstanding any other provision of law, whenever proceedings in

a court of this state result in a conviction pursuant to 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 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.