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N.Y. Veh. & Traf. Law § 1809-e

Additional surcharge required for certain violations

Showing this section's text as in effect on January 1, 2016 (in force January 1, 2016 – January 1, 2020). View current text →

§ 1809-e. Additional surcharge required for certain violations. 1.\n* a. Notwithstanding any other provision of law, whenever proceedings in\na court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter or in accordance with section eleven hundred\neleven-d of this chapter, or in accordance with section eleven hundred\neleven-e of this chapter, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-b of this chapter, and except an adjudication in accordance with\nsection eleven hundred eleven-c of this chapter of a violation of a bus\nlane restriction as defined in such section, and except an adjudication\nof liability of an owner for a violation of subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter in\naccordance with section eleven hundred eighty-b of this chapter, and\nexcept an adjudication of liability of an owner for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter in accordance with section eleven hundred eighty-c of\nthis chapter, and except an adjudication of liability of an owner for a\nviolation of toll collection regulations pursuant to section two\nthousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, there shall be\nlevied in addition to any sentence, penalty or other surcharge required\nor permitted by law, an additional surcharge of twenty-eight dollars.\n * NB Effective until December 1, 2019\n * a. Notwithstanding any other provision of law, whenever proceedings\nin a court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter or in accordance with section eleven hundred\neleven-d of this chapter or in accordance with section eleven hundred\neleven-e of this chapter, and except an adjudication in accordance with\nsection eleven hundred eleven-c of this chapter of a violation of a bus\nlane restriction as defined in such section, and except an adjudication\nof liability of an owner for a violation of subdivision (b), (c), (d),\n(f) or (g) of section eleven hundred eighty of this chapter in\naccordance with section eleven hundred eighty-b of this chapter, and\nexcept an adjudication of liability of an owner for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter in accordance with section eleven hundred eighty-c of\nthis chapter, and except an adjudication of liability of an owner for a\nviolation of toll collection regulations pursuant to section two\nthousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, there shall be\nlevied in addition to any sentence, penalty or other surcharge required\nor permitted by law, an additional surcharge of twenty-eight dollars.\n * NB Effective December 1, 2019 until September 20, 2020\n * a. Notwithstanding any other provision of law, whenever proceedings\nin a court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter or in accordance with section eleven hundred\neleven-d of this chapter or in accordance with section eleven hundred\neleven-e of this chapter, and except an adjudication of liability of an\nowner for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter in accordance with section\neleven hundred eighty-b of this chapter, and except an adjudication of\nliability of an owner for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this chapter in accordance\nwith section eleven hundred eighty-c of this chapter, and except an\nadjudication of liability of an owner for a violation of toll collection\nregulations pursuant to section two thousand nine hundred eighty-five of\nthe public authorities law or sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty, there shall be levied in addition to any sentence,\npenalty or other surcharge required or permitted by law, an additional\nsurcharge of twenty-eight dollars.\n * NB Effective September 20, 2020 until August 30, 2018\n * a. Notwithstanding any other provision of law, whenever proceedings\nin a court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter or in accordance with section eleven hundred\neleven-d of this chapter or in accordance with section eleven hundred\neleven-e of this chapter, and except an adjudication of liability of an\nowner for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter in accordance with section\neleven hundred eighty-c of this chapter, and except an adjudication of\nliability of an owner for a violation of toll collection regulations\npursuant to section two thousand nine hundred eighty-five of the public\nauthorities law or sections sixteen-a, sixteen-b and sixteen-c of\nchapter seven hundred seventy-four of the laws of nineteen hundred\nfifty, there shall be levied in addition to any sentence, penalty or\nother surcharge required or permitted by law, an additional surcharge of\ntwenty-eight dollars.\n * NB Effective August 30, 2018 until July 25, 2018\n * a. Notwithstanding any other provision of law, whenever proceedings\nin a court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter or in accordance with section eleven hundred\neleven-d of this chapter or in accordance with section eleven hundred\neleven-e of this chapter, and except an adjudication of liability of an\nowner for a violation of toll collection regulations pursuant to section\ntwo thousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, there shall be\nlevied in addition to any sentence, penalty or other surcharge required\nor permitted by law, an additional surcharge of twenty-eight dollars.\n * NB Effective July 25, 2018 until August 21, 2019\n * a. Notwithstanding any other provision of law, whenever proceedings\nin a court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter or in accordance with section eleven hundred\neleven-e of this chapter, and except an adjudication of liability of an\nowner for a violation of toll collection regulations pursuant to section\ntwo thousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, there shall be\nlevied in addition to any sentence, penalty or other surcharge required\nor permitted by law, an additional surcharge of twenty-eight dollars.\n * NB Effective August 21, 2019 until September 12, 2020\n * a. Notwithstanding any other provision of law, whenever proceedings\nin a court or an administrative tribunal of this state result in a\nconviction for an offense under this chapter, except a conviction\npursuant to section eleven hundred ninety-two of this chapter, or for a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, except a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists, and except an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter in accordance with section eleven hundred\neleven-a of this chapter, and except an adjudication of liability of an\nowner for a violation of toll collection regulations pursuant to section\ntwo thousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, there shall be\nlevied in addition to any sentence, penalty or other surcharge required\nor permitted by law, an additional surcharge of twenty-eight dollars.\n * NB Effective September 12, 2020\n b. Notwithstanding any other provision of law, whenever proceedings in\na court of this state result in a conviction pursuant to section eleven\nhundred ninety-two of this chapter, there shall be levied, in addition\nto any sentence or other surcharge required or permitted by law, an\nadditional surcharge of one hundred seventy dollars.\n 2. The additional surcharges provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that rendered the conviction. Within the first ten days of the\nmonth following collection of such surcharges, the collecting authority\nshall pay such money to the state comptroller to be deposited to the\ngeneral fund.\n 3. The provisions of subdivision four-a of section five hundred ten,\nsubdivision three of section five hundred fourteen and subdivision three\nof section two hundred twenty-seven of this chapter governing actions\nwhich may be taken for failure to pay a fine or penalty shall be\napplicable to the additional surcharge imposed pursuant to this section.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.