State Codes and Statutes

Statutes > New-york > Vat > Title-7 > Article-30 > 1180

§ 1180. Basic  rule  and  maximum  limits. (a) No person shall drive a  vehicle at a speed greater than is  reasonable  and  prudent  under  the  conditions  and  having  regard to the actual and potential hazards then  existing.    (b) Except as provided in subdivision (g) of this section  and  except  when  a  special  hazard exists that requires lower speed for compliance  with subdivision (a) of this section or when maximum speed  limits  have  been  established  as  hereinafter  authorized,  no person shall drive a  vehicle at a speed in excess of fifty-five miles per hour.    (c) Except as provided in subdivision (g) of  this  section,  whenever  maximum  school speed limits have been established on a highway adjacent  to a school as authorized in section  sixteen  hundred  twenty,  sixteen  hundred  twenty-two, sixteen hundred thirty, sixteen hundred forty-three  or sixteen hundred sixty-two-a, no person shall drive in excess of  such  maximum school speed limits during:    (1)  school  days  at  times  indicated on the school zone speed limit  sign, provided, however, that such times shall be between the  hours  of  seven o'clock A.M. and six o'clock P.M. or alternative times within such  hours; or    (2)  a period when the beacons attached to the school zone speed limit  sign are flashing and such sign is equipped with a notice that indicates  that the school zone speed limit is in  effect  when  such  beacons  are  flashing,  provided,  however, that such beacons shall only flash during  student activities at the school and up to  thirty  minutes  immediately  before   and  up  to  thirty  minutes  immediately  after  such  student  activities.    (d) 1. Except as provided in subdivision (g) of this section, whenever  maximum  speed  limits,  other  than  school  speed  limits,  have  been  established  as  authorized  in sections sixteen hundred twenty, sixteen  hundred  twenty-two,  sixteen  hundred  twenty-three,  sixteen   hundred  twenty-seven,  sixteen  hundred  thirty,  sixteen  hundred  forty-three,  sixteen hundred forty-four, sixteen hundred fifty-two,  sixteen  hundred  sixty-two-a,  sixteen  hundred sixty-three, and sixteen hundred seventy,  no person shall drive in excess of such  maximum  speed  limits  at  any  time.    2.  Except  as  provided  in subdivision (g) of this section, whenever  maximum  speed  limits,  other  than  school  speed  limits,  have  been  established  with  respect  to  any  restricted highway as authorized in  section sixteen hundred twenty-five, no person shall drive in excess  of  such maximum speed limits at any time.    (e)   The   driver   of  every  vehicle  shall,  consistent  with  the  requirements of subdivision (a) of this section, drive at an appropriate  reduced speed when approaching and crossing an intersection  or  railway  grade  crossing,  when  approaching  and  going  around  a  curve,  when  approaching a hill crest, when approaching and passing by  an  emergency  situation  involving  any  authorized emergency vehicle which is parked,  stopped or standing on a highway and which is displaying one or more red  or combination red, white, and/or blue lights pursuant to the provisions  of paragraph two and subparagraph b of  paragraph  four  of  subdivision  forty-one  of  section  three hundred seventy-five of this chapter, when  traveling upon any narrow or  winding  roadway,  and  when  any  special  hazard exists with respect to pedestrians, or other traffic by reason of  weather  or  highway conditions, including, but not limited to a highway  construction or maintenance work area.    (f) Except as provided in subdivision (g) of this section  and  except  when  a  special  hazard exists that requires lower speed for compliance  with subdivision (a) or (e) of this section  or  when  a  lower  maximum  speed  limit  has  been  established,  no  person  shall drive a vehiclethrough a highway construction or maintenance work area at  a  speed  in  excess   of  the  posted  work  area  speed  limit.  The  agency  having  jurisdiction over the affected street or highway may establish work area  speed  limits  which  are  less  than  the normally posted speed limits;  provided, however, that such normally posted speed limit may exceed  the  work  area  speed  limit  by  no  more  than  twenty miles per hour; and  provided further that no such work area speed limit may  be  established  at less than twenty-five miles per hour.    (g) (i) No person who uses a radar or laser detector in a vehicle with  a  gross vehicle weight rating of more than eighteen thousand pounds, or  a commercial motor vehicle with a gross vehicle weight  rating  of  more  than ten thousand pounds, shall drive at a speed in excess of fifty-five  miles  per hour or, if a maximum speed limit other than fifty-five miles  per hour as hereinbefore authorized has been established, at a speed  in  excess  of such speed limit. The presence in any such vehicle of either:  (1) a radar or laser detector connected to a  power  source  and  in  an  operable  condition;  or (2) a concealed radar or laser detector where a  part of such detector is securely affixed to some part  of  the  vehicle  outside  of  the cab, in a manner which renders the detector not readily  observable, is presumptive evidence of its use by any  person  operating  such  vehicle. Either such presumption shall be rebutted by any credible  and reliable evidence which tends to  show  that  such  radar  or  laser  detector was not in use.    (ii)  The  provisions  of  this  section  shall  not  be  construed as  authorizing the seizure or forfeiture of  a  radar  or  laser  detector,  unless otherwise provided by law.    (h)  Upon  a  conviction for a violation of subdivision (b), (c), (d),  (f) or (g) of this section, the court shall record the speed upon  which  the  conviction  was  based on the certificate required to be filed with  the commissioner pursuant to  section  five  hundred  fourteen  of  this  chapter,  or  if  the  conviction  occurs  in an administrative tribunal  established pursuant to article two-A of this chapter,  the  speed  upon  which  the  conviction  was  based  shall be entered in the department's  records.    1. Every person  convicted  of  a  violation  of  subdivision  (b)  or  paragraph  one  of  subdivision (d) of this section shall be punished as  follows:    (i) Where the court or tribunal records or enters that the speed  upon  which  the  conviction  was based exceeded the applicable speed limit by  not more than ten miles per hour, by a fine of not less than  forty-five  nor more than one hundred fifty dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which  the  conviction  was based exceeded the applicable speed limit by  more than ten miles per hour but not more than thirty miles per hour, by  a fine of not less than ninety nor more than three hundred dollars or by  imprisonment for not more than fifteen days or by  both  such  fine  and  imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles  per  hour, by a fine of not less than one  hundred eighty nor more than six hundred dollars, or by imprisonment for  not more than thirty days, or by both such fine and imprisonment.    2. Every person convicted of a violation of subdivision (a) or (e)  of  this section shall be punished by a fine of not less than forty-five nor  more  than  one  hundred  fifty dollars, or by imprisonment for not more  than fifteen days, or by both such fine and imprisonment.3.  Every  person  convicted  of  a  violation  of  paragraph  two  of  subdivision  (d),  subdivision  (f)  or  (g)  of  this  section shall be  punished as follows:    (i)  Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  not  more than ten miles per hour, by a fine of not less than ninety nor  more than one hundred fifty dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  more  than  ten miles per hour, but not more than thirty miles per hour,  by a fine of not less than  one  hundred  eighty  nor  more  than  three  hundred  dollars or by imprisonment for not more than thirty days, or by  both such fine and  imprisonment,  provided,  however,  that  where  the  vehicle is either (A) in violation of any rules or regulations involving  an  out-of-service defect relating to brake systems, steering components  and/or coupling devices, or (B) transporting flammable gas,  radioactive  materials  or  explosives,  the  fine  shall be three hundred dollars or  imprisonment for not more than  thirty  days,  or  both  such  fine  and  imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles per hour, by a fine of not less than three  hundred sixty nor more than six hundred dollars or by  imprisonment  for  not  more  than  thirty  days  or  by  both  such fine and imprisonment,  provided, however, that where the vehicle is either (A) in violation  of  any  rules or regulations involving an out-of-service defect relating to  brake systems, steering  components  and/or  coupling  devices,  or  (B)  transporting  flammable  gas,  radioactive  materials or explosives, the  fine shall be six hundred dollars or  imprisonment  for  not  more  than  thirty days, or both such fine and imprisonment.    4.  Every  person  convicted of a violation of subdivision (c) of this  section when such violation occurs in  a  school  speed  zone  during  a  school day between the hours of seven o'clock A.M. and six o'clock P.M.,  shall be punished as follows:    (i)  Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  not  more than ten miles per hour, by a fine of not less than ninety nor  more than three hundred dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  more than ten miles per hour but not more than thirty miles per hour, by  a  fine  of  not  less than one hundred eighty nor more than six hundred  dollars or by imprisonment for not more than fifteen  days  or  by  both  such fine and imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles per hour, by a fine of not less than three  hundred sixty nor more than one thousand  two  hundred  dollars,  or  by  imprisonment  for  not  more  than thirty days, or by both such fine and  imprisonment.    5. Notwithstanding the foregoing provisions of this  subdivision,  the  maximum  fine  provided herein for the violation for which the person is  sentenced may be increased by an additional one hundred fifty dollars if  the conviction is for a second violation  of  any  subdivision  of  this  section  where  both  violations were committed within an eighteen month  period, and the maximum fine provided herein for the violation for which  the person is sentenced may be increased by an additional three  hundred  seventy-five  dollars  if  the  conviction  is for a third or subsequentviolation of any subdivision of this section where all  such  violations  were committed within an eighteen month period. Where an additional fine  is  provided  by this paragraph, a sentence of imprisonment for not more  than  thirty  days may be imposed in place of or in addition to any fine  imposed.

State Codes and Statutes

Statutes > New-york > Vat > Title-7 > Article-30 > 1180

§ 1180. Basic  rule  and  maximum  limits. (a) No person shall drive a  vehicle at a speed greater than is  reasonable  and  prudent  under  the  conditions  and  having  regard to the actual and potential hazards then  existing.    (b) Except as provided in subdivision (g) of this section  and  except  when  a  special  hazard exists that requires lower speed for compliance  with subdivision (a) of this section or when maximum speed  limits  have  been  established  as  hereinafter  authorized,  no person shall drive a  vehicle at a speed in excess of fifty-five miles per hour.    (c) Except as provided in subdivision (g) of  this  section,  whenever  maximum  school speed limits have been established on a highway adjacent  to a school as authorized in section  sixteen  hundred  twenty,  sixteen  hundred  twenty-two, sixteen hundred thirty, sixteen hundred forty-three  or sixteen hundred sixty-two-a, no person shall drive in excess of  such  maximum school speed limits during:    (1)  school  days  at  times  indicated on the school zone speed limit  sign, provided, however, that such times shall be between the  hours  of  seven o'clock A.M. and six o'clock P.M. or alternative times within such  hours; or    (2)  a period when the beacons attached to the school zone speed limit  sign are flashing and such sign is equipped with a notice that indicates  that the school zone speed limit is in  effect  when  such  beacons  are  flashing,  provided,  however, that such beacons shall only flash during  student activities at the school and up to  thirty  minutes  immediately  before   and  up  to  thirty  minutes  immediately  after  such  student  activities.    (d) 1. Except as provided in subdivision (g) of this section, whenever  maximum  speed  limits,  other  than  school  speed  limits,  have  been  established  as  authorized  in sections sixteen hundred twenty, sixteen  hundred  twenty-two,  sixteen  hundred  twenty-three,  sixteen   hundred  twenty-seven,  sixteen  hundred  thirty,  sixteen  hundred  forty-three,  sixteen hundred forty-four, sixteen hundred fifty-two,  sixteen  hundred  sixty-two-a,  sixteen  hundred sixty-three, and sixteen hundred seventy,  no person shall drive in excess of such  maximum  speed  limits  at  any  time.    2.  Except  as  provided  in subdivision (g) of this section, whenever  maximum  speed  limits,  other  than  school  speed  limits,  have  been  established  with  respect  to  any  restricted highway as authorized in  section sixteen hundred twenty-five, no person shall drive in excess  of  such maximum speed limits at any time.    (e)   The   driver   of  every  vehicle  shall,  consistent  with  the  requirements of subdivision (a) of this section, drive at an appropriate  reduced speed when approaching and crossing an intersection  or  railway  grade  crossing,  when  approaching  and  going  around  a  curve,  when  approaching a hill crest, when approaching and passing by  an  emergency  situation  involving  any  authorized emergency vehicle which is parked,  stopped or standing on a highway and which is displaying one or more red  or combination red, white, and/or blue lights pursuant to the provisions  of paragraph two and subparagraph b of  paragraph  four  of  subdivision  forty-one  of  section  three hundred seventy-five of this chapter, when  traveling upon any narrow or  winding  roadway,  and  when  any  special  hazard exists with respect to pedestrians, or other traffic by reason of  weather  or  highway conditions, including, but not limited to a highway  construction or maintenance work area.    (f) Except as provided in subdivision (g) of this section  and  except  when  a  special  hazard exists that requires lower speed for compliance  with subdivision (a) or (e) of this section  or  when  a  lower  maximum  speed  limit  has  been  established,  no  person  shall drive a vehiclethrough a highway construction or maintenance work area at  a  speed  in  excess   of  the  posted  work  area  speed  limit.  The  agency  having  jurisdiction over the affected street or highway may establish work area  speed  limits  which  are  less  than  the normally posted speed limits;  provided, however, that such normally posted speed limit may exceed  the  work  area  speed  limit  by  no  more  than  twenty miles per hour; and  provided further that no such work area speed limit may  be  established  at less than twenty-five miles per hour.    (g) (i) No person who uses a radar or laser detector in a vehicle with  a  gross vehicle weight rating of more than eighteen thousand pounds, or  a commercial motor vehicle with a gross vehicle weight  rating  of  more  than ten thousand pounds, shall drive at a speed in excess of fifty-five  miles  per hour or, if a maximum speed limit other than fifty-five miles  per hour as hereinbefore authorized has been established, at a speed  in  excess  of such speed limit. The presence in any such vehicle of either:  (1) a radar or laser detector connected to a  power  source  and  in  an  operable  condition;  or (2) a concealed radar or laser detector where a  part of such detector is securely affixed to some part  of  the  vehicle  outside  of  the cab, in a manner which renders the detector not readily  observable, is presumptive evidence of its use by any  person  operating  such  vehicle. Either such presumption shall be rebutted by any credible  and reliable evidence which tends to  show  that  such  radar  or  laser  detector was not in use.    (ii)  The  provisions  of  this  section  shall  not  be  construed as  authorizing the seizure or forfeiture of  a  radar  or  laser  detector,  unless otherwise provided by law.    (h)  Upon  a  conviction for a violation of subdivision (b), (c), (d),  (f) or (g) of this section, the court shall record the speed upon  which  the  conviction  was  based on the certificate required to be filed with  the commissioner pursuant to  section  five  hundred  fourteen  of  this  chapter,  or  if  the  conviction  occurs  in an administrative tribunal  established pursuant to article two-A of this chapter,  the  speed  upon  which  the  conviction  was  based  shall be entered in the department's  records.    1. Every person  convicted  of  a  violation  of  subdivision  (b)  or  paragraph  one  of  subdivision (d) of this section shall be punished as  follows:    (i) Where the court or tribunal records or enters that the speed  upon  which  the  conviction  was based exceeded the applicable speed limit by  not more than ten miles per hour, by a fine of not less than  forty-five  nor more than one hundred fifty dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which  the  conviction  was based exceeded the applicable speed limit by  more than ten miles per hour but not more than thirty miles per hour, by  a fine of not less than ninety nor more than three hundred dollars or by  imprisonment for not more than fifteen days or by  both  such  fine  and  imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles  per  hour, by a fine of not less than one  hundred eighty nor more than six hundred dollars, or by imprisonment for  not more than thirty days, or by both such fine and imprisonment.    2. Every person convicted of a violation of subdivision (a) or (e)  of  this section shall be punished by a fine of not less than forty-five nor  more  than  one  hundred  fifty dollars, or by imprisonment for not more  than fifteen days, or by both such fine and imprisonment.3.  Every  person  convicted  of  a  violation  of  paragraph  two  of  subdivision  (d),  subdivision  (f)  or  (g)  of  this  section shall be  punished as follows:    (i)  Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  not  more than ten miles per hour, by a fine of not less than ninety nor  more than one hundred fifty dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  more  than  ten miles per hour, but not more than thirty miles per hour,  by a fine of not less than  one  hundred  eighty  nor  more  than  three  hundred  dollars or by imprisonment for not more than thirty days, or by  both such fine and  imprisonment,  provided,  however,  that  where  the  vehicle is either (A) in violation of any rules or regulations involving  an  out-of-service defect relating to brake systems, steering components  and/or coupling devices, or (B) transporting flammable gas,  radioactive  materials  or  explosives,  the  fine  shall be three hundred dollars or  imprisonment for not more than  thirty  days,  or  both  such  fine  and  imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles per hour, by a fine of not less than three  hundred sixty nor more than six hundred dollars or by  imprisonment  for  not  more  than  thirty  days  or  by  both  such fine and imprisonment,  provided, however, that where the vehicle is either (A) in violation  of  any  rules or regulations involving an out-of-service defect relating to  brake systems, steering  components  and/or  coupling  devices,  or  (B)  transporting  flammable  gas,  radioactive  materials or explosives, the  fine shall be six hundred dollars or  imprisonment  for  not  more  than  thirty days, or both such fine and imprisonment.    4.  Every  person  convicted of a violation of subdivision (c) of this  section when such violation occurs in  a  school  speed  zone  during  a  school day between the hours of seven o'clock A.M. and six o'clock P.M.,  shall be punished as follows:    (i)  Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  not  more than ten miles per hour, by a fine of not less than ninety nor  more than three hundred dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  more than ten miles per hour but not more than thirty miles per hour, by  a  fine  of  not  less than one hundred eighty nor more than six hundred  dollars or by imprisonment for not more than fifteen  days  or  by  both  such fine and imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles per hour, by a fine of not less than three  hundred sixty nor more than one thousand  two  hundred  dollars,  or  by  imprisonment  for  not  more  than thirty days, or by both such fine and  imprisonment.    5. Notwithstanding the foregoing provisions of this  subdivision,  the  maximum  fine  provided herein for the violation for which the person is  sentenced may be increased by an additional one hundred fifty dollars if  the conviction is for a second violation  of  any  subdivision  of  this  section  where  both  violations were committed within an eighteen month  period, and the maximum fine provided herein for the violation for which  the person is sentenced may be increased by an additional three  hundred  seventy-five  dollars  if  the  conviction  is for a third or subsequentviolation of any subdivision of this section where all  such  violations  were committed within an eighteen month period. Where an additional fine  is  provided  by this paragraph, a sentence of imprisonment for not more  than  thirty  days may be imposed in place of or in addition to any fine  imposed.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vat > Title-7 > Article-30 > 1180

§ 1180. Basic  rule  and  maximum  limits. (a) No person shall drive a  vehicle at a speed greater than is  reasonable  and  prudent  under  the  conditions  and  having  regard to the actual and potential hazards then  existing.    (b) Except as provided in subdivision (g) of this section  and  except  when  a  special  hazard exists that requires lower speed for compliance  with subdivision (a) of this section or when maximum speed  limits  have  been  established  as  hereinafter  authorized,  no person shall drive a  vehicle at a speed in excess of fifty-five miles per hour.    (c) Except as provided in subdivision (g) of  this  section,  whenever  maximum  school speed limits have been established on a highway adjacent  to a school as authorized in section  sixteen  hundred  twenty,  sixteen  hundred  twenty-two, sixteen hundred thirty, sixteen hundred forty-three  or sixteen hundred sixty-two-a, no person shall drive in excess of  such  maximum school speed limits during:    (1)  school  days  at  times  indicated on the school zone speed limit  sign, provided, however, that such times shall be between the  hours  of  seven o'clock A.M. and six o'clock P.M. or alternative times within such  hours; or    (2)  a period when the beacons attached to the school zone speed limit  sign are flashing and such sign is equipped with a notice that indicates  that the school zone speed limit is in  effect  when  such  beacons  are  flashing,  provided,  however, that such beacons shall only flash during  student activities at the school and up to  thirty  minutes  immediately  before   and  up  to  thirty  minutes  immediately  after  such  student  activities.    (d) 1. Except as provided in subdivision (g) of this section, whenever  maximum  speed  limits,  other  than  school  speed  limits,  have  been  established  as  authorized  in sections sixteen hundred twenty, sixteen  hundred  twenty-two,  sixteen  hundred  twenty-three,  sixteen   hundred  twenty-seven,  sixteen  hundred  thirty,  sixteen  hundred  forty-three,  sixteen hundred forty-four, sixteen hundred fifty-two,  sixteen  hundred  sixty-two-a,  sixteen  hundred sixty-three, and sixteen hundred seventy,  no person shall drive in excess of such  maximum  speed  limits  at  any  time.    2.  Except  as  provided  in subdivision (g) of this section, whenever  maximum  speed  limits,  other  than  school  speed  limits,  have  been  established  with  respect  to  any  restricted highway as authorized in  section sixteen hundred twenty-five, no person shall drive in excess  of  such maximum speed limits at any time.    (e)   The   driver   of  every  vehicle  shall,  consistent  with  the  requirements of subdivision (a) of this section, drive at an appropriate  reduced speed when approaching and crossing an intersection  or  railway  grade  crossing,  when  approaching  and  going  around  a  curve,  when  approaching a hill crest, when approaching and passing by  an  emergency  situation  involving  any  authorized emergency vehicle which is parked,  stopped or standing on a highway and which is displaying one or more red  or combination red, white, and/or blue lights pursuant to the provisions  of paragraph two and subparagraph b of  paragraph  four  of  subdivision  forty-one  of  section  three hundred seventy-five of this chapter, when  traveling upon any narrow or  winding  roadway,  and  when  any  special  hazard exists with respect to pedestrians, or other traffic by reason of  weather  or  highway conditions, including, but not limited to a highway  construction or maintenance work area.    (f) Except as provided in subdivision (g) of this section  and  except  when  a  special  hazard exists that requires lower speed for compliance  with subdivision (a) or (e) of this section  or  when  a  lower  maximum  speed  limit  has  been  established,  no  person  shall drive a vehiclethrough a highway construction or maintenance work area at  a  speed  in  excess   of  the  posted  work  area  speed  limit.  The  agency  having  jurisdiction over the affected street or highway may establish work area  speed  limits  which  are  less  than  the normally posted speed limits;  provided, however, that such normally posted speed limit may exceed  the  work  area  speed  limit  by  no  more  than  twenty miles per hour; and  provided further that no such work area speed limit may  be  established  at less than twenty-five miles per hour.    (g) (i) No person who uses a radar or laser detector in a vehicle with  a  gross vehicle weight rating of more than eighteen thousand pounds, or  a commercial motor vehicle with a gross vehicle weight  rating  of  more  than ten thousand pounds, shall drive at a speed in excess of fifty-five  miles  per hour or, if a maximum speed limit other than fifty-five miles  per hour as hereinbefore authorized has been established, at a speed  in  excess  of such speed limit. The presence in any such vehicle of either:  (1) a radar or laser detector connected to a  power  source  and  in  an  operable  condition;  or (2) a concealed radar or laser detector where a  part of such detector is securely affixed to some part  of  the  vehicle  outside  of  the cab, in a manner which renders the detector not readily  observable, is presumptive evidence of its use by any  person  operating  such  vehicle. Either such presumption shall be rebutted by any credible  and reliable evidence which tends to  show  that  such  radar  or  laser  detector was not in use.    (ii)  The  provisions  of  this  section  shall  not  be  construed as  authorizing the seizure or forfeiture of  a  radar  or  laser  detector,  unless otherwise provided by law.    (h)  Upon  a  conviction for a violation of subdivision (b), (c), (d),  (f) or (g) of this section, the court shall record the speed upon  which  the  conviction  was  based on the certificate required to be filed with  the commissioner pursuant to  section  five  hundred  fourteen  of  this  chapter,  or  if  the  conviction  occurs  in an administrative tribunal  established pursuant to article two-A of this chapter,  the  speed  upon  which  the  conviction  was  based  shall be entered in the department's  records.    1. Every person  convicted  of  a  violation  of  subdivision  (b)  or  paragraph  one  of  subdivision (d) of this section shall be punished as  follows:    (i) Where the court or tribunal records or enters that the speed  upon  which  the  conviction  was based exceeded the applicable speed limit by  not more than ten miles per hour, by a fine of not less than  forty-five  nor more than one hundred fifty dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which  the  conviction  was based exceeded the applicable speed limit by  more than ten miles per hour but not more than thirty miles per hour, by  a fine of not less than ninety nor more than three hundred dollars or by  imprisonment for not more than fifteen days or by  both  such  fine  and  imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles  per  hour, by a fine of not less than one  hundred eighty nor more than six hundred dollars, or by imprisonment for  not more than thirty days, or by both such fine and imprisonment.    2. Every person convicted of a violation of subdivision (a) or (e)  of  this section shall be punished by a fine of not less than forty-five nor  more  than  one  hundred  fifty dollars, or by imprisonment for not more  than fifteen days, or by both such fine and imprisonment.3.  Every  person  convicted  of  a  violation  of  paragraph  two  of  subdivision  (d),  subdivision  (f)  or  (g)  of  this  section shall be  punished as follows:    (i)  Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  not  more than ten miles per hour, by a fine of not less than ninety nor  more than one hundred fifty dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  more  than  ten miles per hour, but not more than thirty miles per hour,  by a fine of not less than  one  hundred  eighty  nor  more  than  three  hundred  dollars or by imprisonment for not more than thirty days, or by  both such fine and  imprisonment,  provided,  however,  that  where  the  vehicle is either (A) in violation of any rules or regulations involving  an  out-of-service defect relating to brake systems, steering components  and/or coupling devices, or (B) transporting flammable gas,  radioactive  materials  or  explosives,  the  fine  shall be three hundred dollars or  imprisonment for not more than  thirty  days,  or  both  such  fine  and  imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles per hour, by a fine of not less than three  hundred sixty nor more than six hundred dollars or by  imprisonment  for  not  more  than  thirty  days  or  by  both  such fine and imprisonment,  provided, however, that where the vehicle is either (A) in violation  of  any  rules or regulations involving an out-of-service defect relating to  brake systems, steering  components  and/or  coupling  devices,  or  (B)  transporting  flammable  gas,  radioactive  materials or explosives, the  fine shall be six hundred dollars or  imprisonment  for  not  more  than  thirty days, or both such fine and imprisonment.    4.  Every  person  convicted of a violation of subdivision (c) of this  section when such violation occurs in  a  school  speed  zone  during  a  school day between the hours of seven o'clock A.M. and six o'clock P.M.,  shall be punished as follows:    (i)  Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  not  more than ten miles per hour, by a fine of not less than ninety nor  more than three hundred dollars;    (ii) Where the court or tribunal records or enters that the speed upon  which the conviction was based exceeded the applicable  speed  limit  by  more than ten miles per hour but not more than thirty miles per hour, by  a  fine  of  not  less than one hundred eighty nor more than six hundred  dollars or by imprisonment for not more than fifteen  days  or  by  both  such fine and imprisonment;    (iii)  Where  the  court  or tribunal records or enters that the speed  upon which the conviction was based exceeded the applicable speed  limit  by  more  than  thirty  miles per hour, by a fine of not less than three  hundred sixty nor more than one thousand  two  hundred  dollars,  or  by  imprisonment  for  not  more  than thirty days, or by both such fine and  imprisonment.    5. Notwithstanding the foregoing provisions of this  subdivision,  the  maximum  fine  provided herein for the violation for which the person is  sentenced may be increased by an additional one hundred fifty dollars if  the conviction is for a second violation  of  any  subdivision  of  this  section  where  both  violations were committed within an eighteen month  period, and the maximum fine provided herein for the violation for which  the person is sentenced may be increased by an additional three  hundred  seventy-five  dollars  if  the  conviction  is for a third or subsequentviolation of any subdivision of this section where all  such  violations  were committed within an eighteen month period. Where an additional fine  is  provided  by this paragraph, a sentence of imprisonment for not more  than  thirty  days may be imposed in place of or in addition to any fine  imposed.