Last Updated on November 5, 2021 by Lawrence Berezin
What is a dangerous vehicle?
A dangerous vehicle is one that accumulated five or more finally adjudicated red light camera violations. Or 15 or more finally adjudicated school speed camera violations, within any 12-month period.
Likewise, the New York City transportation department research revealed that vehicles with the most school speed camera violations per year or the reddest light camera violations per year were more likely to be involved in injury crashes than vehicles with few or no violations.
Larry’s Update_11-5-2022
Dangerous Vehicle Abatement Program – CORRECTED EFFECTIVE DATE
Agency: DOT
Rule Effective Date: 10-29-2021
The Commissioner of the New York City Department of Transportation (“DOT” or “Department”) is authorized to promulgate rules regarding parking and traffic operations in the City pursuant to Section 2903(a) of the New York City Charter. This rule is added to Chapter 4 of Title 34 of the Rules of the City of New York.
This rule sets forth details of the Dangerous Vehicle Abatement Program as authorized by Local Law 36 of 2020. Specifically, a new Section 4-18 is added to describe the requirements of the Dangerous Vehicle Abatement Program by providing timeframes for completing a safe vehicle operation course, the procedure for contesting notices of violation, and certifying completion of such course.
What is the NYC Council’s take on dangerous vehicles?
The NYC Council found that more than 200 people in New York City are killed each year in traffic crashes. Being struck by a vehicle is the leading cause of injury-related death for children under 14 and the second leading cause for senior citizens.
In conclusion, the council believes that vehicles involved in multiple red light cameras and school speed camera violations would be less dangerous if their registered owners were educated regarding the dangers of exceeding speed limits and failing to comply with traffic signals.
As a result, we have the birth of the Dangerous Vehicle Prevention Program.
But, is the program alive and well and preventing injuries?
The simple answer is, no. But, programs initiated by the city that never sleeps and its agencies are never simple.
Here’s what “Streetblog” has to say about New York City and its dangerous vehicles:
It’s a scofflaw paradise.
The city won’t start ordering recidivist reckless drivers to take a required safety classes until letters are sent out in “late October/early November,” the Department of Transportation told Streetsblog — and recipients of the letters will have another 45 days to complete the still-to-be established course before the agency turns their case back to an administrative court for possible seizure of their car.
The news comes amid the fallout from the city’s mishandling of the Dangerous Vehicle Abatement Program, which became city law in early 2020, but was not funded by the de Blasio administration during the Covid-19 pandemic. Money was restored to the budget in 2021, but the damage was done: at least 2,000 drivers have already met the threshold for requiring the safety course, having been caught by city speed cameras 15 times or on red-light cameras five times in any 12-month period.
All remain on the road to this day.”
streetsblog
Proposed Rule related to the Dangerous Vehicle Abatement Program
I signed up for regular notices from the Mayor’s Office of Operation about rule-making activity. It just so happens that my last notice included a proposed rule governing the Dangerous Vehicle Abatement Program. Here is the notice.
Dangerous Vehicle Abatement Program
Rule status: Proposed
Agency: DOT
Comment by date: October 20, 2021
DOT-Proposed-Rules-Governing-Dangerous-Vehicle-Abatement-Program-Preliminarily-Certified-9.17.21.pdf
The proposed rule provides that registered owners of vehicles with five or more finally adjudicated red light camera violations or 15 or more finally adjudicated speed camera violations within any 12-month period may be required to complete a safe vehicle operation course.
Attendees who need a reasonable accommodation for a disability such as a sign language translation should contact the agency by calling or emailing rules@dot.nyc.gov by October 11, 2021
Send comments by
Email: rules@dot.nyc.gov
Fax: 1 (212) 839-7188
Mail: Julia Kite-Laidlaw, New York City Department of Transportation, 55 Water Street Room/Floor: 9th Floor ; New York, New York 10041
Public Hearings
Online comments: 1
Wagieh badawyThis a great improvement to the health department rules thank you so much that you are doing your best to enhance our businesses comment added September 27, 2021, 10:30 am
Comments close by October 20, 2021
Update: Public Hearing held on October 20, 2021
Agency: DOT
Comment by date: October 20, 2021
Rule Full Text
DOT-Proposed-Rules-Governing-Dangerous-Vehicle-Abatement-Program-Preliminarily-Certified-9.17.21.pdf
All Online comments: 4
- Wagieh badawyThis a great improvement to the health department rules thank you so much that you are doing your best to enhance our businessesComment added September 27, 2021 10:30am
- Christian Famahow will this apply to commercially registered vehicles, or leased / rented vehicles where there are multiple different drivers of the vehicle, and the vehicle is registered to a company opposed to an individual?Comment added September 28, 2021 3:53pm
- Christian FamaIf the registered owner of the vehicle is a corporation, who will be required to complete the safety course? If the vehicle is registered out of state how will you enforce compliance?Comment added October 18, 2021 3:30pm
- Christian Famawhat happens if the violations are not adjudicated and the respondent just pays the violation?Comment added October 19, 2021 11:47am
The proposed rule provides that registered owners of vehicles with five or more finally adjudicated red light camera violations or 15 or more finally adjudicated speed camera violations within any 12-month period may be required to complete a safe vehicle operation course.
Comments are now closed.
Commentary
The Dangerous Vehicle Abatement Program was initiated more than a year ago. But, we are still waiting for the first owner of a dangerous vehicle to get a notice that they must participate. More importantly, what’s your opinion of the definition of a “dangerous vehicle?”
Is it too lenient? That is to say, is the threshold for being ordered to take a safe driving course too low? Is the penalty too mild?
[Note: a vehicle that incurs five or more red light camera violations or 15 or more school speed camera violations within any 12-month period].
There are a bunch of moveable parts and exceptions to the rule before a dangerous driver has to take a course. And, if they complete the course, all is forgiven. But, if they refuse to complete the course, then their vehicle may be impounded. I’m afraid by the time you penalize these serial dangerous drivers by taking their cars, the injury toll will be way too high.
What do you think?
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