NEW STATE LAWS – 2009

MOTOR VEHICLE RELATED LAWS

Metropolitan Transportation Authority Recovery Plan
Chapter 25 implements fees and taxes on residents in the Metropolitan Commuter Transportation District (MCTD) consisting of the city of New York, Dutchess,  Nassau, Orange, Putnam, Rockland, Suffolk and Westchester counties.
• License and Learner’s Permit Fee- $1 for every six months of validity. Effective September 1, 2009.
• MCTD Supplemental Registration Fee- $25 per year for each year or portion of a year that such registration is valid.  Effective September 1, 2009.
• Tax on Medallion Taxi Cabs in New York City- 50 cents per every taxicab ride which originates in New York City and ends within the MCTD.  Effective November 1, 2009.
• Supplemental Tax on Car Rentals- Any car rental within the MCTD shall be assessed a 5% tax in addition to any other applicable taxes and fees. Effective  June 1, 2009.
Chapter 25 also enacts governance reforms aimed at improving the accountability and financial transparency of the MTA.  Effective May 7, 2009.

Operation of Fire Trucks without a CDL
Chapter 36 clarifies that operators of police, fire and emergency vehicles are exempt from CDL requirements when operating such vehicles as a part of their official duties (training, parades, etc.) not just to respond to emergencies.  Effective May 21, 2009.

Increased Surcharge on Auto Insurance
Chapter 56 increases the Motor Vehicle Law Enforcement Fee on auto insurance policies from $5 to $10.  Effective June 1, 2009.

Increased Car Rental and Livery Taxes
Chapter 57, an omnibus budget act, sets for the following:
• Increases the auto rental tax from five percent to six percent on charges for the rental or use in the State of a passenger car with a gross vehicle weight of 9,000lbs. or less.  Effective June 1, 2009.
• Imposes a sales tax on transportation- related consumer spending, including limousines and black cars. Effective June 1, 2009.

Increased Motor Vehicle Related Fees
Chapter 59, an omnibus budget act, sets forth the following:
• Increases registration fees for most vehicles and fees for distinctive plates by 25 percent.  Effective September 1, 2009.
• Increases original and renewal driver’s license fees by approximately 25 percent.  Effective September 1, 2009.
• Increases the license plate reissuance fee from $15 to $25.  Effective April 1, 2010.
• Creates a new $50 fee for a book of MV-278 pre-licensing classroom certificates.  Effective July 6, 2009.
• Increases the cap on surcharges for violators with two or more convictions arising out of the same traffic incident from $100 to $180.
• Increases the civil penalty for repair shops, inspection stations, and dealers who falsify safety and emission inspections or falsify vehicle repairs, from a maximum of $350 for each violation to $750 maximum for first violation and $1,000 maximum for additional violations within a thirty month period. A minimum of a $350 fine for each fraud violation and an increased civil penalty for dealers from a maximum penalty of $1,000 for each violation to a maximum of $1,000 for the first violation and a maximum of $1,500 for additional violations within a thirty month period.  Effective July 6, 2009.
• Increases fees for license suspension from $25 to $50 for non-alcohol related suspensions. This proposal also increases the scofflaw termination fee from $35 to $70, and increases the license reinstatement fee from $50 to $100. Effective July 6, 2009.

Residential Parking Permit System in Mamaroneck
Chapter 245 establishes a residential parking permit system in the Town of Mamaroneck.  Effective July 28, 2009.

Residential Parking System in Yonkers
Chapter 308 establishes a residential parking permit system in the city of Yonkers in the Yonkers Raceway area.  Effective August 8, 2009.

SAFETY RELATED LAWS

Reflectors on Bicycles
Chapter 16 permits all bicycles being used from one-half hour after sunset to one-half hour before sunrise to be equipped with an amber light on its rear fender.  Effective November 1, 2009.

Expansion of Red-Light Camera Program in New York City
Chapter 18 increases the number of red-light cameras in New York City to 150 and extends the current program to 2014.  Effective April 28, 2009.

Red-Light Camera Program in Nassau County
Chapter 19 authorizes Nassau County to implement a “Red Light Camera” program at up to 50 intersections. Effective May 28, 2009.

Red Light Camera Program in Yonkers
Chapter 20 authorizes Yonkers to implement a “Red Light Camera” program at up to 25 intersections.  Effective May 28, 2009.

Red Light Camera Program in Buffalo
Chapter 21 authorizes the City of Buffalo to implement a “Red Light Camera” program at up to 50 intersections.  Effective May 28, 2009.
 
Red Light Camera Program in Rochester
Chapter 22 authorizes the City of Rochester to implement a “Red Light Camera” program at up to 50 intersections.  Effective May 28, 2009.

Red Light Camera Program in Suffolk
Chapter 23 authorizes the Suffolk County to implement a “Red Light Camera” program at up to 50 intersections. Effective May 28, 2009.

Red Light Camera Program in Syracuse
Chapter 383 authorizes the City of Syracuse to implement a “Red Light Camera” program at up to 50 intersections.  Effective September 25, 2009.

Graduated Driver Licensing Improvements and Texting While Driving Ban
Chapter 403 makes the following amendments to the current teen driver licensing laws and bans the use of portable electronic devices to send text messages and e-mails while driving.
• Elimination of the “Limited Class” DJ and MJ license.  Effective February 22, 2010.
• Reduces from two to one the number of non-family passengers under the age of twenty-one who may be a passenger in a motor vehicle operated by the holder of a DJ (junior driver) when not accompanied by a licensed parent, or guardian.  Effective February 22, 2010.
• Prohibits the use of portable electronic devices to send text messages, e-mail or view video images while operating a motor vehicle. The new violation applies to the use of “portable electronic devices” by drivers of all ages and is classified as a “secondary” violation.  Effective November 1, 2009.
• Increases the number of supervised driving hours that learner’s permit holders’   parent or guardian must certify prior to a road test from 20 hours of practice to 50 hours, including 15 hours at night. Effective February 22, 2010.
• Directs the Commissioner of Motor Vehicles to study the effects of the use of portable electronic devices, and other forms of driver distraction, on traffic safety. Effective August 26, 2009.

Booster Seat Requirement
Chapter 405 increased to age 7, the maximum age at which children are required to be restrained in booster seats.  Effective November 24, 2009.

 
HIGHWAY DESIGNATIONS

“Vietnam Memorial Highway of Valor”
Chapter 323 designates a portion of state Route 38 from Route 104A in Cayuga County to Route 96 in Tioga County as the “New York State Vietnam Veteran’s Memorial Highway of Valor.”  Effective August 11, 2009.

“Army Captain George A. Wood Memorial Bridge”
Chapter 324 designates the bridge across the Erie Canal on state route 291 as the “Army Captain George A. Wood Memorial Bridge.” Effective August 11, 2009.

"Marine Lance Cpl. Blaise Oleski Memorial Highway"
Chapter 333 designates a portion of State Route 365 in the village of Holland Patent, the “Marine Lance Cpl. Blaise Oleski Memorial Highway”.  Effective August 11, 2009.

"Shawagunk Mountains Scenic Byway"
Chapter 394 designates routes US44 and NY55 in the town of Gardiner as an “Alternate Route” to the existing “Shawagunk Mountains Scenic Byway”.  Effective August 26th, 2009.

TRAVEL RELATED

Hotel Occupancy Tax in New Rochelle
Chapter 88 authorizes a 3% hotel occupancy tax in the City of New Rochelle.  Effective July 11, 2009.

Hotel Occupancy Tax in Rye
Chapter 89 authorizes a 3% occupancy tax in the City of Rye.  Effective July 11, 2009.

Hotel Occupancy Tax in Albany
Chapter 105 authorizes Albany county to impose a 6% hotel occupancy tax.  Effective upon the adoption of a local law in Albany imposing such tax.

Hotel Occupancy Tax in Orange County
Chapter 129 authorizes a 5% occupancy tax in Orange County.  Effective July 11, 2009.

Hotel Occupancy Tax in Suffolk
Chapter 159 authorizes a 3% occupancy tax in Suffolk County.  Effective July 11, 2009.

Hotel Occupancy Tax in Nassau
Chapter 287 extends December 31, 2011, Nassau County’s hotel occupancy tax.
Effective July 28, 2009.