2022 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
1802 - Receipts for Fines or Bail; Installment Payment Plans.

§ 1802. Receipts  for  fines  or  bail;  installment payment plans. 1.
Receipts for fines or bail. Upon receipt of the payment of any  fine  or
penalty  collected  under  a  sentence  or  judgment  of conviction of a
violation of any of the provisions of this chapter  or  any  local  law,
ordinance,  order,  rule  or  regulation  made  by  local authorities in
relation to traffic or the deposit of bail of a person  charged  with  a
violation  of  any  such provision, local law, ordinance, order, rule or
regulation, the officer or employee receiving such  payment  or  deposit
shall  issue  a  receipt therefor when the payment or deposit is made in
cash. Whenever any such payment or deposit is made by check, money order
or in other property, the officer or  employee  shall  issue  a  receipt
therefor  upon  request;  provided,  however,  no  such receipt shall be
issued where a fine or penalty is paid  by  mail  unless  the  name  and
address  of  the  payee is known to such officer or employee or enclosed
with the payment.
  2. Installment payment  plans.
  (a)  Whenever  fines,  fees,  and/or
surcharges  are  imposed  upon  a  natural person upon a conviction of a
violation of any of the provisions of this chapter  or  any  local  law,
ordinance,  order,  rule  or  regulation  made  by  local authorities in
relation to traffic,  or  whenever  an  order  is  entered  pursuant  to
subdivision  three  of section two hundred twenty-seven of this chapter,
such fines, fees, and/or surcharges may be paid in  installments  at  no
charge  to  the natural person. The court or hearing officer shall offer
such persons the opportunity to enter into an installment  payment  plan
at  any  time,  including  after a conviction entered as a result of the
failure to appear in response to a summons  or  appearance  ticket.  Any
such  installment payment plan shall be comprised of all fines, fees and
mandatory surcharges, including but not limited to  those  described  in
subparagraph  (i)  of paragraph (j-1) of subdivision two of section five
hundred three, subdivision three of section five  hundred  fourteen  and
paragraph  a  of subdivision four of section two hundred twenty-seven of
this chapter, and shall consist of monthly payments that do  not  exceed
two  percent  of such person's monthly net income or twenty-five dollars
per month, whichever is greater. For the purposes of  this  subdivision,
the  term  "net  income"  shall mean such person's total income from all
sources and assets, minus deductions required by law including  but  not
limited  to  administrative  or  court-ordered  garnishments and support
payments. A court or hearing officer may require  the  submission  of  a
financial  disclosure  report, on a form prescribed by the commissioner,
from all persons who opt to enter  into  installment  payment  plans.  A
court  or  hearing  officer also may accept payments higher than the set
amount, but may not undertake additional collection activity so long  as
the  person  meets  his or her payment obligations under the installment
payment plan. A  court  or  hearing  officer  may  undertake  additional
collection activity, but no sooner than ninety days after a person fails
to  meet  their payment obligation under the installment payment plan; a
court, hearing officer  or  the  commissioner  shall  not  suspend  such
person's  driver's  license  or  privileges  for  failure  to meet their
payment obligation under  the  installment  payment  plan.  A  court  or
hearing  officer  may require persons entering installment payment plans
to appear periodically before such court or hearing  officer  to  assess
their  financial  circumstances but no more frequently than annually and
may set a new payment amount if such  person's  financial  circumstances
have  changed.  A person who enters into an installment payment plan and
experiences a reduction in income may  petition  the  court  or  hearing
officer no more than two times in a calendar year to seek a reduction in
the monthly payment; provided, however, in the interests of justice, the

court or hearing officer may accept a reduction request from such person
at any time.
  (b)  The  court  or  hearing  officer shall have the discretion in the
interests of justice to reduce or waive the amount of any fine,  fee  or
mandatory surcharge assessed for a violation of any of the provisions of
this chapter or any local law, ordinance, order, rule or regulation made
by local authorities in relation to traffic.
  (c) A person assessed a fine, fee and/or mandatory surcharge following
a conviction for a violation of any of the provisions of this chapter or
any  local  law,  ordinance,  order,  rule  or  regulation made by local
authorities in relation to traffic, or the entering of an order pursuant
to subdivision  three  of  section  two  hundred  twenty-seven  of  this
chapter, shall be notified of their right to an installment payment plan
(a)  at  the  time the summons is issued; (b) at the time of sentencing;
and (c) in any communication concerning imposition or  collection  of  a
fine,  fee or mandatory surcharge. Information about the availability of
installment payment plans shall be prominently posted, in  a  clear  and
conspicuous  manner:  at  each court and administrative tribunal and its
website, if any, and on the commissioner's website.