NYS appellate court strikes down Nassau, Suffolk fees for red-light camera tickets

In a pair of decisions Wednesday, a New York State appellate division court ruled that the hefty administrative fees that Nassau and Suffolk counties have been charging for red-light camera tickets are illegal.

The appellate division sent both court cases back to the counties' State Supreme Courts to determine how much money the counties owe — which could total hundreds of millions of dollars, according to a lawyer for the motorists.

The base fee for a red-light camera violation is $50, but Nassau charges red-light runners an extra $100 in "driver responsibility" and "public safety" fees, for a total cost of $150 per ticket — earning the county $64 million in gross revenue in 2022. Suffolk had charged a $30 administrative fee but stopped in 2023.

The appellate division, consisting of Justices Francesca E. Connolly, Cheryl E. Chambers, Barry E. Warhit and Lourdes M. Ventura, ruled that the extra fees contradict the 2009 state law that authorized local governments to establish red-light camera programs. That law stipulated that fines "shall not exceed fifty dollars for each violation," with a maximum $25 late fee.

The judges wrote that "a plain reading" of the state law prohibits the counties from collecting anything more than that. They noted that during the law’s floor debate in Albany, "the statute's sponsor assured the Legislature that administrative fees that were sometimes tacked on to Vehicle and Traffic Law violations would not apply."

The rulings represent a significant setback for the counties, which could still file for permission to appeal to the Court of Appeals, New York’s highest court.

Chris Boyle, a spokesperson for Nassau County Executive Bruce Blakeman, did not immediately respond to a request for comment. Neither did Mike Martino, a spokesman for Suffolk County Executive Edward P. Romaine.

The original cases challenging the fees were filed in Suffolk in 2020 and in Nassau in 2022. Lower courts had earlier issued contradictory rulings, siding with motorists in Suffolk and with the county in Nassau.

David Raimondo, an attorney representing motorists against the counties, called the result a "Thanksgiving gift to taxpayers."

He said, "It's time for [the counties] to settle both cases and move on from this era, this very dark history ...”

According to Suffolk’s 2023 annual red-light camera report, the county collected more $90.5 million in administrative fees between 2013 and 2023.

The rulings do not eliminate the red-light camera program in Nassau, which lawmakers voted to extend earlier this year. Suffolk’s red-light camera program is set to end on Sunday, after lawmakers failed to extend the program before the end of the legislative session in June.

With Nicholas Grasso