New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
Article 45 - NY Vehicle and Traffic Law
PENALTIES AND DISPOSITION OF FINES AND FORFEITURES
| Section | Description |
|---|---|
| 1800 | Penalties for traffic infractions. |
| 1801 | Penalties for misdemeanors. |
| 1802 | Receipts for fines or bail. |
| 1803 | Disposition of fines and forfeitures. |
| 1805 | Plea of guilty, how put in. |
| 1806 | Plea of not guilty by a defendant charged with a traffic infraction. |
| 1806-a | Default judgment in cases of failure to answer. |
| 1807 | Provisions applicable to arraignments for traffic violations. |
| 1808 | Effect of stay order on appeal from judgment of conviction of an offense under this chapter. |
| 1809 | Mandatory surcharge and crime victim assistance fee required in certain cases. |
| 1809-a | Mandatorysurcharge required in certain cities for parking, stopping and standing violations. |
| 1809-aa | Mandatory surcharge required for certain parking violations. |
| 1809-b | Mandatory surcharge required for certain violations relating to handicapped parking spaces. |
| 1809-c | Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired. |
| 1809-d | Mandatory surcharge for violation of maximum speed limits in highway constructionor maintenance work areas. |
| 1809-e | Additional surcharge required for certain violations. |
| 1810 | Compensation of officers shall not depend upon apprehension or arrests. |
S 1800. Penalties for traffic infractions. (a) It is a traffic infraction for any person to violate any of the provisions of this chapter or of any local law, ordinance, order, rule or regulation adopted pursuant to this chapter, unless such violation is by this chapter or other law of this state declared to be a misdemeanor or a felony. (b) 1. Every person convicted of a traffic infraction for a violation of any of the provisions of this chapter or of any ordinance, order, rule or regulation adopted pursuant to section sixteen hundred thirty or sixteen hundred thirty-one of this chapter for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than four hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment, except that a person convicted of a traffic infraction for a violation of paragraph one of subdivision (d) of section one thousand one hundred eleven of this chapter outside of a city having a population of one million or more shall, for a first conviction thereof, be punished by a fine of not less than seventy-five dollars nor more than two hundred twenty-five dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not less than one hundred fifty dollars nor more than three hundred seventy-five dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not less than three hundred seventy-five dollars nor more than six hundred seventy-five dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment except that a person convicted for a violation of paragraph one of subdivision (d) of section one thousand one hundred eleven of this chapter shall, for a first conviction thereof, be punished by a fine of not less than one hundred fifty dollars nor more than four hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not less than three hundred dollars nor more than seven hundred fifty dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not less than seven hundred fifty dollars nor more than one thousand five hundred dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment. 2. Notwithstanding the provisions of paragraph one of this subdivision, a person convicted of a traffic infraction for a violation of paragraph two of subdivision (b) of section twelve hundred two of this chapter shall for a first conviction thereof be punished by a fine of not more than four hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. Upon a conviction for a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than six hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment. (c) Every person convicted of a traffic infraction for a violation of any local law, ordinance, order, rule, regulation or administrative code provision adopted pursuant to this chapter by any local authority or continued in effect by this chapter, except those adopted pursuant to sections sixteen hundred thirty and sixteen hundred thirty-one, shall be punished in the same manner as has heretofore been prescribed by law unless or until otherwise prescribed by local law, ordinance or state statute. (d) A conviction of violation of any provision of this chapter shall not be a bar to a prosecution for an assault or for a homicide committed by any person in operating a motor vehicle or motorcycle. (e) Every person convicted of a violation of the provisions of section eleven hundred forty-four of this chapter shall for a first conviction thereof be punished by a fine of not more than two hundred seventy-five dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. For a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than four hundred fifty dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment. For a conviction of a third violation and all subsequent violations, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment. (f) Every person convicted of operating a truck, tractor or tractor-trailer combination having a total gross weight in excess of ten thousand pounds in violation of a local law, ordinance, rule or regulation enacted by the legislative body of any city with a population in excess of one million pursuant to the provisions of paragraph ten of subdivision (a) of section sixteen hundred forty of this chapter shall, for a first offense thereof, be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. For a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment. For a conviction of a third violation and all subsequent violations, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not less than one thousand dollars nor more than two thousand dollars, or by imprisonment for not more than ninety days or by both such fine and imprisonment. (g) Notwithstanding the provisions of subdivisions (b) and (c) of this section, a person convicted of a traffic infraction for a violation of any ordinance, order, rule, regulation or local law adopted pursuant to one or more of the following provisions of this chapter: paragraphs two and nine of subdivision (a) of section sixteen hundred twenty-one; subdivision three of section sixteen hundred thirty; or subdivision five of section seventy-one of the transportation law, prohibiting the operation on a highway or parkway of a motor vehicle registered as a commercial vehicle and having a gross vehicle weight rating of less than twenty-six thousand pounds shall, for a first conviction thereof, be punished by a fine of not more than two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than seven hundred fifty dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment. Provided, however, the provisions of this subdivision shall not apply to a commercial motor vehicle as such term is defined in paragraph (a) of subdivision four of section five hundred one-a of this chapter. (h) Notwithstanding the provisions of subdivisions (b) and (c) of this section, a person convicted of a traffic infraction for a violation of any ordinance, order, rule, regulation or local law adopted pursuant to one or more of the following provisions of this chapter: paragraphs two and nine of subdivision (a) of section sixteen hundred twenty-one; subdivision three of section sixteen hundred thirty; or subdivision five of section seventy-one of the transportation law, prohibiting the operation on a highway or parkway of a commercial motor vehicle as defined in paragraph (a) of subdivision four of section five hundred one-a of this chapter, for a first conviction thereof, be punished by a fine of not more than three hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than seven hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment. S 1801. Penalties for misdemeanors. 1. Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than five hundred twenty-five dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than one thousand one hundred twenty-five dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment, except that any fine imposed upon conviction of a violation of section twelve hundred twelve of this chapter shall be not less than one hundred dollars. 2. Notwithstanding the provisions of subdivision one of this section, every operator or registered owner of a motor vehicle having a registered maximum gross weight of eighteen thousand pounds or more convicted of a misdemeanor for a violation of the provisions of the closing paragraph of subdivision one of section three hundred seventy-five of this chapter with respect to the knowing disconnection of any set of service brakes on such motor vehicle, shall be punished by a fine of not more than two thousand two hundred fifty dollars. S 1802. Receipts for fines or bail. Upon receipt of the payment of any fine or penalty collected under a sentence or judgment of conviction of a violation of any of the provisions of this chapter or any local law, ordinance, order, rule or regulation made by local authorities in relation to traffic or the deposit of bail of a person charged with a violation of any such provision, local law, ordinance, order, rule or regulation, the officer or employee receiving such payment or deposit shall issue a receipt therefor when the payment or deposit is made in cash. Whenever any such payment or deposit is made by check, money order or in other property, the officer or employee shall issue a receipt therefor upon request; provided, however, no such receipt shall be issued where a fine or penalty is paid by mail unless the name and address of the payee is known to such officer or employee or enclosed with the payment. S 1803. Disposition of fines and forfeitures. 1. Except as otherwise provided in subdivision five of section two hundred twenty-seven of this chapter and as provided in section eleven hundred ninety-seven of this chapter, section ninety of the state finance law and sections fourteen-f and one hundred forty of the transportation law, all fines and penalties collected under a sentence or judgment of conviction of a violation of this chapter or of any act relating to the use of highways by motor vehicles or trailers, now in force or hereafter enacted, shall be distributed in the following manner: a. for a violation which occurs in a city, town or suburban town, any fine or penalty shall be paid to the city, town or suburban town in which the violation occurs, when such violation is of (1) any of the provisions of title seven of this chapter, but including violations of section eleven hundred eighty only when occurring in state parks for which the office of parks, recreation and historic preservation has established maximum speed limits pursuant to section sixteen hundred thirty and the violations could have been charged under either such established maximum speed limits or another section of this chapter, and when involving maximum speed limits established pursuant to section sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred sixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy, and excluding violations of sections eleven hundred eighty-two, eleven hundred ninety-two and twelve hundred twelve of this chapter, or (2) any ordinance, order, rule or regulation adopted pursuant to article two-E of the transportation law or section sixteen hundred thirty of this chapter by the East Hudson Parkway Authority or by its successor, or the County of Westchester Department of Parks, Recreation and Conservation, or the state office of parks, recreation and historic preservation. For purposes of this paragraph, violations shall be deemed to be violations of any such ordinance, order, rule or regulation when they occur on highways under the jurisdiction of the enumerated entities and the violations could have been charged under either such ordinance, order, rule or regulation or another section of this chapter. b. for a violation which occurs in a village in which the office of village justice is established, any fine or penalty shall be paid to the village in which the violation occurs, when such violation is of (1) any of the provisions of title seven of this chapter, but including violations of section eleven hundred eighty only when occurring in state parks for which the office of parks, recreation and historic preservation has established maximum speed limits pursuant to section sixteen hundred thirty and the violations could have been charged under either such established maximum speed limits or another section of this chapter, and when involving maximum speed limits established pursuant to section sixteen hundred forty-three, sixteen hundred forty-four or sixteen hundred seventy, and excluding violations of sections eleven hundred eighty-two, eleven hundred ninety-two and twelve hundred twelve of this chapter, or (2) any ordinance, order, rule or regulation adopted pursuant to article two-E of the transportation law or section sixteen hundred thirty of this chapter by the East Hudson Parkway Authority or by its successor, or the County of Westchester Department of Parks, Recreation and Conservation, or the state office of parks, recreation and historic preservation. For purposes of this paragraph, violations shall be deemed to be violations of any such ordinance, order, rule or regulation when they occur on highways under the jurisdiction of the enumerated entities and the violations could have been charged under either such ordinance, order, rule or regulation, or another section of this chapter. Notwithstanding the foregoing provisions of this paragraph, all fines, penalties and forfeitures for violation of a village ordinance, local law or regulation adopted pursuant to the authorization of paragraph six of subdivision (a) of section sixteen hundred forty of this chapter prohibiting, restricting or limiting the stopping, standing or parking of vehicles shall be paid to such village whether or not the village has established the office of village justice. c. for compliance with or violations of subdivision nineteen of section three hundred eighty-five of this chapter, notwithstanding any inconsistent provision of law, except as provided in section ninety of the state finance law, the fees and fines collected by the state pursuant to sections two hundred twenty-seven, three hundred eighty-five and eighteen hundred three of this chapter and section ninety-nine-a of the state finance law, shall be made available to the state comptroller for deposit in the general fund except that fines collected within a city not wholly included within one county shall be paid to such city in accordance with the procedures set forth in subdivision four of section two hundred twenty-seven of this chapter for deposit into the general fund of such city. d. for violations of section eleven hundred eighty which are not included in paragraph a or paragraph b of this subdivision, violations of sections eleven hundred eighty-two, eleven hundred ninety-two, except in those counties adopting a special traffic option program for driving while intoxicated pursuant to section eleven hundred ninety-seven of this chapter, and section twelve hundred twelve of this chapter, and violations of this chapter or of any act relating to the use of highways by motor vehicles or trailers, now in force or hereafter enacted, for which no other distribution is prescribed, all fines, penalties and forfeitures shall be paid to the state. e. for a violation which occurs within a county which has established a traffic and parking violations agency pursuant to section three hundred seventy of the general municipal law, other than parking, standing or stopping violations except for those set forth in section four hundred two of this chapter, and which violation is disposed of by such agency, any fine or penalty shall be paid to the county in which the violation occurs, when such violation is of any of the provisions of title seven of this chapter, but including violations of section eleven hundred eighty of this chapter only when involving maximum speed limits in state parks established by the office of parks, recreation and historic preservation pursuant to section sixteen hundred thirty of this chapter and when involving maximum speed limits established pursuant to section sixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred sixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy of this chapter, and excluding violations of sections eleven hundred eighty-two, eleven hundred ninety-two and twelve hundred twelve of this chapter. 2. Whenever a defendant is arrested and arraigned before a judicial officer authorized to conduct any proceedings in or in connection with any prosecution triable in any local court of inferior jurisdiction of a city or before a town court, or a village court on a charge in which the state is entitled to all fines and penalties under a sentence or judgment of conviction such city, town or village shall be entitled to receive the fees set forth in section ninety-nine-l of the general municipal law and such fees shall be a state charge and paid as provided in section ninety-nine-a of the state finance law. 3. All fines, penalties and forfeitures paid to a city, town or village pursuant to the provisions of paragraph a of subdivision one of this section shall be credited to the general fund of such city, town or village, unless a different disposition is prescribed by charter, special law, local law or ordinance. 4. All fines, penalties and forfeitures collected in a city, upon conviction or upon forfeiture of bail by any person charged with a violation of any local law, ordinance, order, rule, regulation, administrative code provision or sanitary or health code provision adopted or continued pursuant to this chapter, shall be paid to the city and credited to its general fund, unless a different disposition is prescribed by charter, special law, local law or ordinance. 5. All fines, penalties and forfeitures for violations of section eleven hundred eighty of this chapter, which relate to maximum speed limits established by a village pursuant to sections sixteen hundred forty-three and sixteen hundred forty-four or by a suburban town pursuant to section sixteen hundred sixty-two-a of this chapter, and all bail forfeited by the non-appearance of defendants charged with such violations shall be paid over to the state comptroller by the court, justice or other officer collecting the same within the first ten days of the month following the collection, except as otherwise provided by subdivision three of section ninety-nine-a of the state finance law. Whenever such fines, penalties and forfeitures, including bail forfeited, in any year commencing July first shall aggregate in excess of five dollars for each inhabitant of the village or suburban town, as the case may be, according to the last preceding federal census, such excess shall be the property of the state and shall be paid into the general fund of the state treasury. 6. The comptroller from the moneys received pursuant to this section shall, within six years from the receipt thereof, refund any fine received pursuant to this section which was imposed by a judgment of conviction that has been reversed and any fine, penalty or forfeiture received by the comptroller, payment of which was not required by this section. In any action by the state to recover fines, penalties, or forfeitures collected more than six years before the commencement of the action, the defendant shall be entitled to set off a claim for refund of any such item paid to the state during the ten years preceding the commencement of the action. 8. All fines, penalties and forfeitures referred to in subdivision one of this section, except fines, penalties and forfeitures paid to the commissioner of taxation and finance as required by section thirty-nine of the judiciary law, and except as otherwise provided in subdivision three of section ninety-nine-a of the state finance law, shall be paid to the state comptroller by the court, judge, magistrate or other officer within the first ten days of the month following collection. Every such payment to the comptroller shall be accompanied by a statement in such form and detail as the comptroller shall prescribe. 9. Where a county establishes a special traffic options program for driving while intoxicated, approved by the commissioner of motor vehicles, pursuant to section eleven hundred ninety-seven of this chapter, all fines, penalties and forfeitures collected from violations of subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of subdivision three of section five hundred eleven, all fines, penalties and forfeitures imposed in accordance with section eleven hundred ninety-three of this chapter collected from violations of section eleven hundred ninety-two of this chapter; and any fines or forfeitures collected by any court, judge, magistrate or other officer imposed upon a conviction for: aggravated vehicular assault, pursuant to section 120.04-a of the penal law; vehicular assault in the first degree, pursuant to section 120.04 of the penal law; vehicular assault in the second degree, pursuant to section 120.03 of the penal law; aggravated vehicular homicide, pursuant to section 125.14 of the penal law; vehicular manslaughter in the first degree, pursuant to section 125.13 of the penal law; and vehicular manslaughter in the second degree, pursuant to section 125.12 of the penal law and civil penalties imposed pursuant to subdivision two of section eleven hundred ninety-four-a of this chapter, shall be paid to such county. (a) Any such fine, penalty, or forfeiture collected by any court, judge, magistrate or other officer referred to in subdivision one of section thirty-nine of the judiciary law, establishing a unified court budget, shall be paid to that county within the first ten days of the month following collection. (b) Any such fine, penalty, or forfeiture collected by any other court, judge, magistrate or other officer, including, where appropriate, a hearing officer acting on behalf of the commissioner, shall be paid to the state comptroller within the first ten days of the month following collection. Every such payment to the comptroller shall be accompanied by a statement in such form and detail as the comptroller shall provide. The comptroller shall pay these funds to the county in which the violation occurs. (c) Upon receipt of any monies referred to in this section, the county shall deposit them in a separate account entitled "special traffic options program for driving while intoxicated". S 1805. Plea of guilty, how put in. The provisions of section 170.10 of the criminal procedure law and the provisions of section eighteen hundred seven of this article may be waived, to the extent hereinafter indicated, by a defendant charged with a violation of any provision of the tax law or the transportation law regulating traffic, or a traffic infraction, as defined in this chapter, other than a third or subsequent speeding violation committed within a period of eighteen months, provided that he shall submit to the local criminal court having jurisdiction, in person, by duly authorized agent, by first class mail or by registered or certified mail, return receipt requested, an application setting forth (a) the nature of the charge, (b) the information or instructions required by section eighteen hundred seven of this article to be given defendant upon arraignment, (c) that defendant waives arraignment in open court and the aid of counsel, (d) that he pleads guilty to the offense as charged, (e) that defendant elects and requests that the charge be disposed of and the fine or penalty fixed by the court, pursuant to this section, (f) any statement or explanation that the defendant may desire to make concerning the offense charged and (g) that defendant makes all statements with respect to such application under penalty of perjury. This application shall be in such form as the commissioner shall prescribe and a copy thereof shall be handed to the defendant by the officer charging him with such offense. Thereupon the local criminal court may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided, however, that any imposition of fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full, prior to which time such court, in its discretion, may annul any proceedings hereunder, including such tentative imposition of fine or penalty, and deny the application, in which event the charge shall be disposed of pursuant to the applicable provisions of law, as though no proceedings had been had under this section. If upon receipt of the aforesaid application such court shall deny the same, it shall thereupon inform the defendant of this fact, and that he is required to appear before the said court at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law. S 1806. Plea of not guilty by a defendant charged with a traffic infraction. In addition to appearing personally to enter a plea of not guilty to a violation of any provision of the tax law or the transportation law regulating traffic, or to a traffic infraction for the violation of any of the provisions of the vehicle and traffic law or of any local law, ordinance, order, rule or regulation relating to the operation of motor vehicles or motorcycles, a defendant may enter a plea of not guilty by mailing to the court of appropriate jurisdiction the ticket making the charge and a signed statement indicating such plea. Such plea must be sent: (a) by registered or certified mail, return receipt requested or by first class mail; and (b) within forty-eight hours after receiving such ticket. Upon receipt of such ticket and statement, the court shall advise the violator, by first class mail, of an appearance at which no testimony shall be taken. If the motorist requests a trial, the court shall set a trial date on a date subsequent to the date of the initial appearance and shall notify the defendant of the date by first class mail but no warrant of arrest for failure to appear can be issued until the violator is notified of a new court appearance date by registered or certified mail, return receipt requested, and fails to appear. S 1806-a. Default judgment in cases of failure to answer. 1. In the event a person charged with a traffic infraction does not answer within the time specified, the court having jurisdiction, other than a court in a city over one million population may, in addition to any other action authorized by law, enter a plea of guilty on behalf of the defendant and render a default judgment of a fine determined by the court within the amount authorized by law. Any judgment entered pursuant to default shall be civil in nature, but shall be treated as a conviction for the purposes of this section. However, at least thirty days after the expiration of the original date prescribed for entering a plea and before a plea of guilty and a default judgment may be rendered, the traffic violations bureau or, if there be none, the clerk of the court, shall notify the defendant by certified mail: (a) of the violation charged; (b) of the impending plea of guilty and default judgment; (c) that such judgment will be filed with the county clerk of the county in which the operator or registrant is located, and (d) that a default or plea of guilty may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. Pleas entered within that period shall be in a manner prescribed in the notice. In no case shall a default judgment and plea of guilty be rendered more than two years after the expiration of the time prescribed for originally entering a plea. When a person has entered a plea of not guilty and has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing which shall be scheduled by the court of such city, village or town within thirty days of such demand. 2. The filing of the default judgment with the county clerk shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record and such judgment shall remain in full force and effect for eight years notwithstanding any other provision of law. 3. Notwithstanding the provisions of subdivision one of this section, a traffic violations bureau or, if there be none, the clerk of the court, shall have two years from the effective date of this act to serve notice upon an operator or owner of a motor vehicle charged with a traffic violation who has not answered within the time specified and prior to the effective date of this act. 4. In the event a person charged with a parking violation does not answer within the time specified, a traffic and parking violations agency may, in addition to any other action authorized by law, enter a plea of guilty on behalf of the defendant and render a default judgment of a fine determined by the judicial hearing officer within the amount authorized by law. Any judgment entered pursuant to default shall be civil in nature, but shall be treated as a conviction for the purposes of this section. However, at least thirty days after the expiration of the original date prescribed for entering a plea and before a plea of guilty and a default judgment may be rendered, the traffic and parking violations agency shall notify the defendant by certified mail: (a) of the violation charged; (b) of the impending plea of guilty and default judgment; (c) that such judgment will be filed with the county clerk of the county in which the operator or registrant is located, and (d) that a default or plea of guilty may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. Pleas entered within that period shall be in a manner prescribed in the notice. In no case shall a default judgment and plea of guilty be rendered more than two years after the expiration of the time prescribed for originally entering a plea. When a person has entered a plea of not guilty and has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing which shall be scheduled by the traffic and parking violations agency within thirty days of such demand. 5. If a motor vehicle which is owned by a rental or leasing company is ticketed for a traffic infraction, the municipality shall not enter a default judgement under this section against the rental or leasing company if, when the municipality sends the notice to the company, the company sends to the municipality within fifteen days a copy of the rental or leasing agreement covering that vehicle on that date with the name and address of the lessee clearly legible. If this information is not sent to the municipality within such fifteen day time period, the municipality shall proceed under this section to enter a default judgement and the rental or leasing company shall be liable for the traffic infraction. S 1807. Provisions applicable to arraignments for traffic violations. 1. The local criminal court, upon the arraignment in this state of a resident of this state charged with a violation of the vehicle and traffic law, or other law or ordinance relating to the operation of motor vehicles or motor cycles, and before accepting a plea, or in the case of such a defendant who has previously pleaded not guilty, as provided in section eighteen hundred six of this chapter, and who wishes to change or withdraw such plea, must inform the defendant at the time of his arraignment or appearance for trial in substance as follows: A plea of guilty to this charge is equivalent to a conviction after trial. If you are convicted, not only will you be liable to a penalty, but in addition your license to drive a motor vehicle or motor cycle, and your certificate of registration, if any, are subject to suspension and revocation as prescribed by law. The giving of the foregoing instructions by means of a statement printed in a noticeably distinct manner and in bold type in a size equal to at least twelve point type, upon a summons or ticket issued to a person charged with any such offense shall constitute compliance with the requirements of this section. The foregoing provisions of this section may be waived as provided in section eighteen hundred five of this chapter. 2. Upon the arraignment of any person under eighteen years of age who resides within the household of his parent or guardian upon a charge of a violation of the vehicle and traffic law or other law or ordinance relating to the operation of motor vehicles or motor cycles, except a violation relating to parking, stopping or standing, the local criminal court which arraigns him shall forthwith transmit written notice of such arraignment to the parent or guardian of such minor person; provided, however, that if a conviction of such person follows such arraignment upon the same day, or in case such person waives arraignment and enters a plea of guilty to the offense as charged in accordance with the provisions of section eighteen hundred five of this chapter, transmittal of notice of his conviction as provided in section five hundred fourteen of this chapter shall be sufficient and the notice of arraignment hereunder need not be given; provided further that the failure of a local criminal court to transmit such notice of arraignment shall in no manner affect the validity of a conviction subsequently obtained. S 1808. Effect of stay order on appeal from judgment of conviction of an offense under this chapter. (a) When an appeal is taken to an intermediate appellate court from a conviction of an offense under this chapter resulting in the suspension or revocation of the defendant's motor vehicle operator's license, and a stay of execution is granted ordering reinstatement of such license during the pendency and until the determination of such appeal, service of a certified copy of such stay order by mail upon the commissioner of motor vehicles shall be binding upon the commissioner; and during a period of ninety days from the date such stay order was granted, or until such appeal is determined, if sooner than ninety days, such commissioner shall be stayed from taking any proceedings under the vehicle and traffic law to suspend or revoke such license on account of such conviction; and such order shall contain appropriate provisions to that effect. (b) For good cause shown, such stay may be extended by the court, in its discretion, for additional periods not to exceed ninety days each; such extension order or orders, when served upon the commissioner of motor vehicles in the same manner as the original stay order, shall be binding upon him to the same extent as the original stay order for such additional period or periods. (c) A stay order or orders issued pursuant to section 460.50 of the criminal procedure law which purport to reinstate a license during the pendency of an appeal from a conviction resulting in the suspension or revocation of a license shall, for the purposes of such reinstatement, be deemed to be issued in accordance with the provisions of this section and the ninety day stay period authorized by this section shall apply. S 1809. Mandatory surcharge and crime victim assistance fee required in certain cases. * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than 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 in accordance with section eleven hundred eighty-b of this chapter, or other than 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 in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (a) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a traffic infraction pursuant to article nine of this chapter, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. (b) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a misdemeanor or felony pursuant to section eleven hundred ninety-two of this chapter, there shall be levied, in addition to any sentence required or permitted by law, a crime victim assistance fee in the amount of twenty-five dollars and a mandatory surcharge in accordance with the following schedule: (i) a person convicted of a felony shall pay a mandatory surcharge of three hundred dollars; (ii) a person convicted of a misdemeanor shall pay a mandatory surcharge of one hundred seventy-five dollars. (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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 or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than 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 in accordance with section eleven hundred eighty-b of this chapter, or other than 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 in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. * NB Effective until September 1, 2019 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than 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 in accordance with section eleven hundred eighty-b of this chapter, or other than 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 in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. * NB Effective September 1, 2019 until December 1, 2019 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than 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 in accordance with section eleven hundred eighty-b of this chapter, or other than 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 in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective December 1, 2019 until September 20, 2020 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than 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 in accordance with section eleven hundred eighty-b of this chapter, or other than 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 in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective September 20, 2020 until August 30, 2018 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than 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 in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective August 30, 2018 until July 25, 2018 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective July 25, 2018 until August 21, 2019 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective August 21, 2019 until September 12, 2020 * 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. * NB Effective September 12, 2020 * 2. Where a person is convicted of two or more such crimes or traffic infractions committed through a single act or omission, or through an act or omission which in itself constituted one of the crimes or traffic infractions and also was a material element of the other, the court or administrative tribunal shall impose a crime victim assistance fee and a mandatory surcharge mandated by subdivision one of this section for each such conviction; provided however, that in no event shall the total amount of such crime victim assistance fees and mandatory surcharges imposed pursuant to paragraph (a) or (c) of subdivision one of this section exceed one hundred ninety-six dollars. * NB Effective until September 1, 2019 * 2. Where a person is convicted of two or more such crimes or traffic infractions committed through a single act or omission, or through an act or omission which in itself constituted one of the crimes or traffic infractions and also was a material element of the other, the court or administrative tribunal shall impose only one mandatory surcharge mandated by subdivision one of this section. * NB Effective September 1, 2019 3. The mandatory surcharge 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 the mandatory surcharge the collecting authority shall determine the amount of mandatory surcharge collected and, if it is an administrative tribunal or a town or village justice court, it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund. If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money to the state commissioner of taxation and finance to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law. The crime victim assistance fee 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 the crime victim assistance fee, the collecting authority shall determine the amount of crime victim assistance fee collected and, if it is an administrative tribunal or a town or village justice court, it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law. 4. Any person who has paid a mandatory surcharge or crime victim assistance fee under the authority of this section which is ultimately determined not to be required by this section shall be entitled to a refund of such mandatory surcharge or crime victim assistance fee upon application to the state comptroller. The state comptroller shall require such proof as it is necessary in order to determine whether a refund is required by law. 5. When a person who is convicted of a crime or traffic infraction and sentenced to a term of imprisonment has failed to pay the mandatory surcharge or crime victim assistance fee required by this section, the clerk of the court or the administrative tribunal that rendered the conviction shall notify the superintendent or the municipal official of the facility where the person is confined. The superintendent or the municipal official shall cause any amount owing to be collected from such person during his term of imprisonment from moneys to the credit of an inmates' fund or such moneys as may be earned by a person in a work release program pursuant to section eight hundred sixty of the correction law. Such moneys shall be paid over to the state comptroller to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law, except that any such moneys collected which are surcharges or crime victim assistance fees levied in relation to convictions obtained in a town or village justice court shall be paid within thirty days after the receipt thereof by the superintendent or municipal official of the facility to the justice of the court in which the conviction was obtained. For the purposes of collecting such mandatory surcharge or crime victim assistance fee, the state shall be legally entitled to the money to the credit of an inmates' fund or money which is earned by an inmate in a work release program. For purposes of this subdivision, the term "inmates' fund" shall mean moneys in the possession of an inmate at the time of his admission into such facility, funds earned by him as provided for in section one hundred eighty-seven of the correction law and any other funds received by him or on his behalf and deposited with such superintendent or municipal official. 5-a. 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 a mandatory surcharge or crime victim assistance fee imposed pursuant to this section. 6. Notwithstanding any other provision of this section, where a person has made restitution or reparation pursuant to section 60.27 of the penal law, such person shall not be required to pay a mandatory surcharge or crime victim assistance fee. 7. Notwithstanding any other provision of this section, where a mandatory surcharge or crime victim assistance fee is imposed pursuant to the provisions of section 60.35 of the penal law, no mandatory surcharge or crime victim assistance fee shall be imposed pursuant to the provisions of this section. 8. The provisions of this section shall only apply to offenses committed on or before September first, two thousand nineteen. 9. Notwithstanding the provisions of subdivision one of this section, in the event a proceeding is in a town or village court, the court shall add an additional five dollars to the surcharges imposed by such subdivision one of this section. 10. For the purposes of this section, the term conviction means and includes the conviction of a felony or a misdemeanor for which a youthful offender finding was substituted and upon such a finding there shall be levied a mandatory surcharge and a crime victim assistance fee to the same extent and in the same manner and amount provided by this section for conviction of the felony or misdemeanor, as the case may be, for which such youthful offender finding was substituted. * S 1809-a. Mandatory surcharge required in certain cities for parking, stopping and standing violations. 1. The provisions of any other general or special law notwithstanding, whenever, in a city having a population of one hundred thousand or more according to the nineteen hundred eighty United States census, proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for the violation of any statute, local law, ordinance or rule involving the parking, stopping or standing of a motor vehicle, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifteen dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. 2. The mandatory surcharge provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that made the determination of liability. (a) Except as provided in paragraph (b) of this subdivision within the first ten days of the month next succeeding the collection of such surcharge, the collecting authority shall pay seven dollars and fifty cents of each surcharge to the justice court fund held by the state comptroller pursuant to section ninety-nine-a of the state finance law which monies shall then be deposited to the credit of the general fund. Each such payment shall be accompanied by a true and complete report in such form and detail as the comptroller shall prescribe. The remaining amount of the surcharge shall be paid to the chief fiscal officer of the municipality and used by the municipality from which it originated for its local criminal justice programs and purposes. (b) Within the first ten days of the month next succeeding the collection of such surcharge, the collecting authority in cities having a population of one hundred thousand or more but less than one million shall pay such surcharge to the chief fiscal officer of the municipality and such surcharge shall be used by the municipality from which it originated for its local criminal justice programs and purposes. 3. Any person who has paid a mandatory surcharge under the authority of this section which is ultimately determined not to be required by this section shall be entitled to a refund of such mandatory surcharge upon written application to the collecting authority. The collecting authority shall require such proof as is necessary in order to determine whether a refund is required by law. If the collecting authority shall refund any portion of the surcharge previously paid to the justice court fund pursuant to subdivision two of this section, the collecting authority may offset an equal amount from a subsequent remittance to the justice court fund, provided, however, that the collecting authority shall prepare such reports and provide such information with respect to such refunds as the comptroller shall direct, and provided, further, that the comptroller, upon review of such reports and information, may direct that any appropriate adjustments be made in future payments to the justice court fund pursuant to subdivision two of this section. 4. Notwithstanding any other provision of this section, where a mandatory surcharge is imposed pursuant to the provisions of section 60.35 of the penal law or section eighteen hundred nine or eighteen hundred nine-b of this article, no mandatory surcharge shall be imposed pursuant to the provisions of this section. * NB Repealed September 1, 2019 S 1809-aa. Mandatory surcharge required for certain parking violations. 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a conviction for a violation of section twelve hundred, twelve hundred one or twelve hundred two of this chapter, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of twenty-five dollars. 2. The mandatory surcharge 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 the surcharge the collecting authority shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund. S 1809-b. Mandatory surcharge required for certain violations relating to handicapped parking spaces. 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or a court result in a finding of liability, or conviction for a violation of section twelve hundred three-a, twelve hundred three-b or twelve hundred three-c of this chapter or any other statute, local law, ordinance or rule involving the parking, stopping or standing of motor vehicles registered pursuant to section four hundred four-a of this chapter or those possessing a special vehicle identification parking permit issued in accordance with section one thousand two hundred three-a of this chapter, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of thirty dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. 2. The mandatory surcharge provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that made the determination of liability. Within the first ten days of the month next succeeding the collection of such surcharge, the collecting authority shall pay fifteen dollars of such surcharge to the chief fiscal officer of the county in which such violation occurred or of the city of New York, for deposit to the credit of the handicapped parking education fund of such county or city established pursuant to section twelve hundred three-g of this chapter which shall be used by such county or city solely for a handicapped parking education program pursuant to such section. The remaining amount of the surcharge shall be paid to the chief fiscal officer of the municipality from which it originated and used by such municipality for its local criminal justice programs and purposes; provided, however, that such municipality shall use ten percent of such funds for developing and implementing a disability awareness program for local law enforcement agencies for the purpose of training local law enforcement personnel to recognize and appropriately respond to persons with disabilities with whom such personnel come into contact in the course of their duties. S 1809-c. Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired. 1. 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, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars. 2. The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund. 3. The provisions of subdivision three of section two hundred twenty-seven, subdivision four-a of section five hundred ten, and subdivision three of section five hundred fourteen 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. 4. For the purposes of this section, the term conviction means and includes the conviction of a felony or a misdemeanor for a violation of section eleven hundred ninety-two of this chapter for which a youthful offender finding was substituted and upon such a finding there shall be levied an additional surcharge, in addition to any sentence or other surcharge required or permitted by law, to the same extent and in the same manner and amount provided by this section for conviction of the felony or misdemeanor, as the case may be, for which such youthful offender finding was substituted. S 1809-d. Mandatory surcharge for violation of maximum speed limits in highway construction or maintenance work areas. 1. Notwithstanding any other provision of law, whenever proceedings in an administrative tribunal or court result in a finding of liability or conviction for a violation of paragraph two of subdivision (d) or subdivision (f) of section eleven hundred eighty of this chapter or any other statute, local law, ordinance or rule involving the maximum speed limits in highway construction or maintenance work areas, there shall be levied a mandatory surcharge in addition to any other sentence, fine or penalty otherwise permitted or required, in the amount of fifty dollars. Such surcharge shall not be deemed a monetary penalty for the purposes of section two hundred thirty-seven of this chapter or section 19-203 of the administrative code of the city of New York. 2. The mandatory surcharge provided for in subdivision one of this section shall be paid to the clerk of the court or administrative tribunal that made the determination of liability. Within the first ten days of the month next succeeding the collection of such surcharge, the collecting authority shall pay such money to the state comptroller to be deposited in the highway construction and maintenance safety education fund established by section ninety-nine-n of the state finance law. S 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-d of this chapter, or in accordance with section eleven hundred eleven-e of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except 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 in accordance with section eleven hundred eighty-b of this chapter, and except 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 in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 December 1, 2019 * 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except 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 in accordance with section eleven hundred eighty-b of this chapter, and except 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 in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 December 1, 2019 until September 20, 2020 * 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter, and except 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 in accordance with section eleven hundred eighty-b of this chapter, and except 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 in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 September 20, 2020 until August 30, 2018 * 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter, and except 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 in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 August 30, 2018 until July 25, 2018 * 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 July 25, 2018 until August 21, 2019 * 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or in accordance with section eleven hundred eleven-e of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 August 21, 2019 until September 12, 2020 * 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 a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, 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 September 12, 2020 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, 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. 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. S 1810. Compensation of officers shall not depend upon apprehension or arrests. (a) No city or village shall employ any officer, agent or person whose compensation shall in any way depend upon the apprehension or arrest of any person or persons for violating any ordinance adopted pursuant to section sixteen hundred four of this chapter or for reckless driving as defined in section twelve hundred twelve of this chapter. If any person be apprehended or arrested or haled before a magistrate for a violation of a local ordinance adopted pursuant to section sixteen hundred four or for reckless driving as defined by section twelve hundred twelve of this chapter by any officer, agent or employee of any city or village who is so employed, the fact of such employment at the time shall be a defense to any charge made for violation of such ordinance or for reckless driving. (b) No county or town shall employ any officer, agent or person, whether such employee be elected or appointed, whose compensation shall in any way depend upon the apprehension or arrest of any person for reckless driving as defined in section twelve hundred twelve of this chapter. If any person be apprehended or arrested or haled before a magistrate for reckless driving as so defined, by any officer, agent or employee of any county or town who is so employed, the fact of such employment at the time shall be a defense to any charge made for reckless driving as defined in section twelve hundred twelve of this chapter. Top of Page
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