Bill Text: NY A01949 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits passengers under the age of eighteen in a car with a driver having a class DJ or MJ learner's permit or license unless the passengers are related, increases the suspension period for drivers having a class DJ or MJ learner's permit or license from sixty to one hundred eighty days and institutes fines against parents who knowingly let their children operate a vehicle outside the prescribed limitations for the class DJ or MJ learner's permit or license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A01949 Detail]
Download: New_York-2013-A01949-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1949
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. WEPRIN
-- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
passengers under the age of eighteen in a car with a driver having a
class DJ or MJ learner's permit or license unless the passengers are
related, increasing the suspension period for drivers having a class
DJ or MJ learner's permit or license from 60 to 180 days and institut-
ing fines against parents who knowingly let their children operate a
vehicle outside the prescribed limitations for the class DJ or MJ
learner's permit or license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 501-b of the vehicle and traffic law, as added by
2 chapter 644 of the laws of 2002, paragraphs (c) and (d) of subdivision 1
3 and paragraph (b) of subdivision 2 as amended by chapter 403 of the laws
4 of 2009, is amended to read as follows:
5 S 501-b. Additional restrictions on certain learners' permits and
6 drivers' licenses. 1. In addition to the restrictions contained in
7 subdivision five of section five hundred one of this article, no holder
8 of a class DJ or class MJ learner's permit shall:
9 (a) operate a motor vehicle with any front seat occupants other than
10 the supervising driver;
11 (b) operate a motor vehicle unless every occupant of such vehicle is
12 properly restrained by a safety belt or child safety seat in accordance
13 with the provisions of subdivision three-a of section twelve hundred
14 twenty-nine-c of this chapter;
15 (c) operate a motor vehicle with more than one passenger who is under
16 the age of twenty-one and who is not a member of such holder's immediate
17 family, provided, however, that the provisions of this paragraph shall
18 not apply when such holder is accompanied by a duly licensed parent,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05672-01-3
A. 1949 2
1 guardian, person in a position of loco parentis, driver education teach-
2 er or driving school instructor;
3 (d) OPERATE A MOTOR VEHICLE WITH NO PASSENGERS WHO ARE UNDER THE AGE
4 OF EIGHTEEN AND WHO ARE NOT MEMBERS OF SUCH HOLDER'S IMMEDIATE FAMILY,
5 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY
6 WHEN SUCH HOLDER IS ACCOMPANIED BY A DULY LICENSED PARENT, GUARDIAN,
7 PERSON IN A POSITION OF LOCO PARENTIS, DRIVER EDUCATION TEACHER OR DRIV-
8 ING SCHOOL INSTRUCTOR;
9 (E) be eligible for issuance of a class DJ, MJ, D or M license unless
10 such permit has been valid for at least six months. Any time period in
11 which such class DJ or MJ learner's permit has been suspended or revoked
12 shall not be counted in determining the length of time that such
13 learner's permit has been valid.
14 2. In addition to the restrictions contained in subdivision three of
15 section five hundred one of this article, no holder of a class DJ or
16 class MJ license shall operate a motor vehicle:
17 (a) unless every occupant of such vehicle is properly restrained by a
18 safety belt or child safety seat in accordance with the provisions of
19 subdivision three-a of section twelve hundred twenty-nine-c of this
20 chapter; and
21 (b) with more than one passenger who is under the age of twenty-one
22 and who is not a member of such holder's immediate family, provided,
23 however, that the provisions of this paragraph shall not apply when such
24 holder is accompanied by a duly licensed parent, guardian, person in a
25 position of loco parentis, driver education teacher or driving school
26 instructor[.]; AND
27 (C) WITH NO PASSENGERS WHO ARE UNDER THE AGE OF EIGHTEEN AND WHO ARE
28 NOT MEMBERS OF SUCH HOLDER'S IMMEDIATE FAMILY, PROVIDED, HOWEVER, THAT
29 THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY WHEN SUCH HOLDER IS
30 ACCOMPANIED BY A DULY LICENSED PARENT, GUARDIAN, PERSON IN A POSITION OF
31 LOCO PARENTIS, DRIVER EDUCATION TEACHER OR DRIVING SCHOOL INSTRUCTOR.
32 S 2. The opening paragraph of paragraph (a) and paragraph (b) of
33 subdivision 1 of section 510-c of the vehicle and traffic law, as
34 amended by chapter 403 of the laws of 2009, are amended to read as
35 follows:
36 A learner's permit or a driver's license shall be suspended for a
37 period of [sixty] ONE HUNDRED EIGHTY days:
38 (b) A learner's permit or a driver's license shall be revoked for a
39 period of [sixty] ONE HUNDRED EIGHTY days upon the conviction or finding
40 of the permit or license holder of a violation or violations, committed
41 within six months after the restoration of such permit or license
42 suspended pursuant to paragraph (a) of this subdivision, which
43 convictions or findings would result in the suspension of such permit or
44 license pursuant to paragraph (a) of this subdivision.
45 S 3. Section 1212 of the vehicle and traffic law, as added by chapter
46 47 of the laws of 1988, is amended to read as follows:
47 S 1212. Reckless driving. Reckless driving shall mean driving or using
48 any motor vehicle, motorcycle or any other vehicle propelled by any
49 power other than muscular power or any appliance or accessory thereof in
50 a manner which unreasonably interferes with the free and proper use of
51 the public highway, or unreasonably endangers users of the public high-
52 way. Reckless driving is prohibited. [Every person] PERSONS violating
53 this provision shall be guilty of a misdemeanor.
54 ANY PERSON HOLDING A CLASS DJ OR CLASS MJ LEARNER'S PERMIT OR LICENSE
55 OR LIMITED CLASS DJ OR CLASS MJ LICENSE WHO VIOLATES THIS SECTION SHALL
56 BE GUILTY OF A CLASS E FELONY.
A. 1949 3
1 S 4. The vehicle and traffic law is amended by adding a new section
2 510-d to read as follows:
3 S 510-D. KNOWINGLY OPERATING OUTSIDE OF LIMITATIONS ON CLASS DJ OR
4 CLASS MJ LEARNER'S PERMITS OR DRIVER'S LICENSES; PARENTS. ANY PARENT WHO
5 KNOWINGLY ALLOWS A CHILD TO OPERATE A VEHICLE OUTSIDE THE PRESCRIBED
6 LIMITATIONS OF SUCH CHILD'S LICENSE CLASSIFICATION SHALL BE SUBJECT TO A
7 FINE OF NOT LESS THAN TWO THOUSAND DOLLARS.
8 S 5. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
