NY Veh & Traf L § 1800 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 9 - Penalties and Disposition of Fines and Forfeitures Article 45 - Penalties and Disposition of Fines and Forfeitures 1800 - Penalties for Traffic Infractions.

§ 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 ten  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 motor  vehicle  registered  as  a commercial  vehicle and having a gross vehicle weight rating of at least ten thousand pounds but no more than twenty-six thousand  pounds  shall, 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;  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.  (i) 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 seven hundred 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 one thousand 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  two  thousand  dollars or by imprisonment of not more than ninety days  or  by  both  such  fine  and imprisonment.