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New Rules of the Road for '04
New laws and changes to old ones will touch you - and your wallet.

by Joseph D. Younger
Original Publish Date - January 2004

Driving became more expensive this year. In addition to boosting the surcharge on auto insurance, upping the fee for new-car registrations and adding a new tax on tires, New York State also substantially jacked up the cost of nearly every kind of violation, from parking tickets to DWI offenses.

Increased costs for motorists represent just a few of the changes to motor vehicles laws passed by the Assembly in 2003. The state Legislature also addressed speed limits, wayward trucks, drunk driving and other issues. Here's a summary of the new traffic laws that will affect you in 2004:

• Higher Fines. If you can't pay the fine, then don't do the crime. You can expect to pay about 50 percent higher fines for just about every kind of traffic ticket this year. For example, speeding less than 10 mph over the posted limit used to set you back $30 to $100. Now, the law socks you $45 to $150. The fines for other speeding violations have risen similarly, as did those for running red lights, failing to yield to emergency vehicles, and basic traffic infractions. (For a more complete list of fines for specific violations, visit "What's Hot" at aaa.com.)

• Higher Fees and Taxes. In addition to higher fines for tickets, the state comes back to bite you a second time in the form of "surcharges"-essentially, taxes on tickets. Expect to pony up a $15 state surcharge for every parking ticket you get (triple the old $5 charge), a $30 surcharge for burned-out lights and other equipment violations (up from $20), a $50 surcharge for all moving violations (up from $30) and a new $25 surcharge on DWI offenses.

The parking ticket surcharge seems particularly onerous for those who drive in New York City, where many parking fines have doubled to $105-more than enough, it seems, to deter violators. The Club has opposed ticket surcharges ever since the state Legislature began levying them in 1991 as a "temporary" measure to balance the budget. Nevertheless, the ticket taxes are still here, bigger than ever.

Just as controversial is the hike in the state's annual auto insurance surcharge from $1 to $5. Nominally, this money funds efforts against auto theft and insurance fraud. New York consistently ranks among the top states in insurance scams, and New Yorkers pay for that dubious distinction with the second-highest auto insurance premiums in the nation. But last year, less than half the money collected from the surcharge actually went to fighting fraud and theft. And this year's budget caps those expenditures at last year's level. Basically, under this sneaky accounting, some motorists may pay five times more in anti-theft, anti-fraud surcharges but get no concomitant increase in enforcement.

AAA objected to the new tire tax on similar principles. The state now levies a $2.50 tax on each new tire that you buy-including those on new cars. However, only a portion of the money goes to its ostensible purpose-scrap tire disposal; the rest goes to the general fund. Like the ticket and insurance surcharges, the tire tax represents another revenue enhancement, thinly disguised as a "user fee" targeting motorists.Finally, the state also bumped up the license plate fee for newly registered vehicles to $15.

• Higher Speed Limits. A new law authorizes the Department of Transportation to set the speed limit at 65 mph on all appropriate roadways in New York State. This could translate into higher limits on certain portions of the Long Island Expressway and the New York Thruway.

• Broader Handicapped Parking Restrictions. Handicapped aisles-areas identified by diagonal stripes next to handicapped parking spots-are now officially off-limits to cars, allowing handicapped passengers to get in and out of their vehicles more easily.

• Tougher Drunk-Driving Laws. A blood alcohol content (BAC) of 0.08 now constitutes evidence of driving while intoxicated (DWI). For commercial drivers, the definition of DWI dropped from a BAC of 0.07 to 0.06. The state also extended provisions for immediately suspending driver's licenses on alcohol- and drug-related charges, as well as many provisions of the ignition interlock program for convicted drunk drivers.

• Tougher Penalties for Wayward Trucks. Truckers who ignore posted truck routes in New York City and drive through residential areas now face fines of $250 to $2,000, plus points on their licenses.

• Flyers on Windshields. A new law enhances enforcement of restrictions against placing handbills on windshields or under wipers in New York City.

• Notification of Insurance Cancellation. Insurance companies can no longer cancel a policy for non-payment during its first 60 days without notifying not only the policyholder but also his or her agent in writing.

• Closer Look at Drawbridges. Motorists on Long Island and elsewhere who complain about traffic tie-ups due to drawbridges may get some relief someday. Relevant state agencies will study how current regulations affect traffic flow and recommend solutions.

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