PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Amendment of section 123.4 of Title 15 NYCRR.

Traffic Violations Bureau fines.

To revise Traffic Violations Bureau fines for guilty pleas by mail.

Part 123.4 is amended to read as follows:

123.4 Fine schedule for guilty plea. (a) When a motorist pleads guilty by mail or in person at a bureau hearing office, he or she is required to pay the appropriate fine as follows:

(1) [$75] $95 for a first red light violation, except that such fine shall be [$150] $190 in the City of New York where such violation occurred on or after May 15, 2003;

(2) [$150] $190 for a second red light violation committed within a period of 18 months, except that such fine shall be [$300] $375 in the City of New York where such violation occurred on or after May 15, 2003;

(3) [$375] $470 for a third red light violation committed within a period of 18 months, except that such fine shall be [$750] $940 in the City of New York where such violation occurred on or after May 15, 2003;

(4) [$45] $60 for all speed offenses where the charge is driving 10 miles per hour or less above the speed limit;

(5) [$90] $115 for all speeding offenses where the charge is driving at least 11 miles per hour but not more than 30 miles per hour above the speed limit;

(6) [$50] $65 for operating an uninspected vehicle, unless the violation is based upon a certificate of inspection which has been expired for 60 days or less, in which case the fine shall be [$25] $35;

(7) [$30] $40 for any equipment violation;

(8) [$75] $95 for operating an unregistered vehicle, or for unlicensed operation, unless the violation is based upon a registration or license which has been expired for 60 days or less, in which case the fine shall be $40; or

(9) [$40] $50 for any other traffic infraction, except where otherwise specified by statue.

This regulation shall take effect on July 1, 2009, and shall apply to violations committed on or after that date.

Carrie L. Stone, Department of Motor Vehicles, Counsel's Office, Room 526, 6 Empire State Plaza, Albany, NY 12228, (518) 474-0871.

Same as above.

45 days after publication of this notice.

1. Statutory authority: Vehicle and Traffic Law (VTL) Section 215(a) provides that the Commissioner of Motor Vehicles may enact rules and regulations that regulate and control the exercise of the powers of the Department. Section 225 of the VTL provides that the Commissioner may promulgate such regulations as are necessary to effectuate the purposes of Article 2-A of the VTL. Section 226(1)(b) of the VTL provides that the Commissioner may establish a schedule of penalties for violations of the VTL and that such schedule shall be printed on the summons that is issued to the motorist. The motorist may plead guilty, by mail or in person, and pay the fine set forth in such schedule.

2. Legislative objectives: Chapter 1074 of the Laws of 1969 created Article 2-A of the Vehicle and Traffic Law establishing the Traffic Violation Bureau (TVB). TVBs, located in New York City, Rochester, Buffalo and part of Suffolk County, provide for the fair and efficient adjudication of traffic offenses, other than misdemeanors and felonies. Prior to the creation of the TVBs, the overburdened criminal courts heard such offenses. To enhance TVB efficiencies, the Legislature provided that the commissioner could establish a schedule of fines that would appear on the summons issued to the motorist. Thus, if a motorist chose to plead guilty, by mail or in person, he or she could do so by transmitting the appropriate fine by mail or in person (this process is not permitted outside of TVB courts where a fine cannot be imposed until after a guilty plea or finding). This proposed rule raises the fines paid by motorists who plead guilty, by mail or in person, by 25%, rounded up to the nearest 5 dollars. The Legislature afforded the Commissioner discretion in setting the fine schedule, acknowledging the need to take inflationary factors into account and to enhance highway safety by providing a strong monetary deterrent to the commission of further violations of the VTL.

3. Needs and benefits: The proposed regulation, which increases the fines for guilty pleas in TVBs, by mail or in person, by about 25%, is necessary to account for inflation, as well as to maintain a meaningful deterrent against violations of the Vehicle and Traffic Law. The fine schedule established in Part 123.4 reflects the statutory scheme in the VTL. Where a fine is established for a specific offense, such as for red light violations (VTL Section 1800(b)) or for speeding violations (VTL Section 1180), Part 123.4 assesses the minimum statutory fine when entering a guilty plea by mail or in person. Such fines have not been raised since 2003 when the statutory fines were increased. In addition, Part 123.4 provides for a $40 fine for other traffic infractions ($30 for equipment violations) for which a fine is not specified in the regulation, such as seat belt or cell phone violations. These fines were established in 1991 and clearly do not make any adjustments for inflation over the past 18 years. Seat belt and cell phone violations, which are assessed the $40 fine, comprise a significant number of TVB violations, and an increase in the fine may serve as a deterrent to such offenses. In the 2007-08 fiscal year, there were about 253,000 seat belt violations and 210,000 cell phone violations returnable to all TVBs. In comparison, there were about 109,700 speeding violations and 89,000 unlicensed operation violations. In addition, during this period, there were about 97,000 window tinting violations, which currently is assessed only a $30 fine. Clearly, the current fines for such violations have not served as adequate deterrents. All highway users will benefit from an increase in the fine schedule because it should provide a deterrent effect against future violations of the VTL.

4. Costs: a. To regulated parties: Motorists would be required to pay the increased fines if they chose to plead guilty by mail or in person.

b. Local governments: Vehicle and Traffic Law section 227(5) provides that fine revenue collected pursuant to Traffic Violation Bureau adjudications is returned to the locality where such offense occurred, i.e., to New York City, Buffalo, Rochester and part of Suffolk County. DMV is reimbursed for its administrative costs. DMV estimates that based upon a 25% fine increase, the localities will see an annual increase in fine revenue as follows:

NYC - $14 million dollars;

Buffalo - $460,000 dollars;

Rochester - $840,000 dollars;

Suffolk County - $2 million dollars;

Cost to DMV: DMV will need to revise the traffic ticket to reflect the revised fine schedule. This will cost the Department approximately $60,000.

c. Source: DMV's Traffic Violation Division provided this information.

5. Local government mandates: This regulation does not impose any mandates upon local government.

6. Paperwork: DMV will need to revise the TVB traffic ticket to reflect the revised fine schedule.

7. Duplication: This regulation does not duplicate any State or Federal rules or laws.

8. Alternatives: DMV considered not raising the fines. However, DMV determined it was necessary to raise the fines by 25%, to accommodate both inflationary factors and the Department's commitment to highway safety.

9. Federal standards: This rule does not exceed any minimum standards of the Federal government.

10. Compliance schedule: Upon printing and distribution of the new ticket with the revised fine schedule. The regulation shall take effect on July 1, 2009, and shall apply to violations committed on or after that date.

A Regulatory Flexibility Analysis for Small Business and Local Governments is not submitted because this rule will not have a disproportionate or adverse impact on small businesses or local governments.

A Rural Area Flexibility Analysis is not submitted with this proposed rule because it will have no adverse or disproportionate impact on rural areas of the State.

A Job Impact Statement is not submitted because this rule will have no adverse impact on job creation or job development in New York State.