S T A T E O F N E W Y O R K
________________________________________________________________________
5234
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
___________
Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A.
J. RIVERA -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing
for a graduated license for youthful operators of motor vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 501 of the vehicle and traffic
2 law, as added by chapter 449 of the laws of 1989, the subdivision head-
3 ing and first undesignated paragraph as amended by chapter 173 of the
4 laws of 1990, subparagraph (ii) of paragraph (b) as amended by chapter
5 644 of the laws of 2002, is amended to read as follows:
6 3. Restrictions on use of class DJ and class MJ licenses. A class DJ
7 or class MJ license shall permit the holder to operate a vehicle in
8 accordance with the following restrictions:
9 (a) in the counties of Nassau and Suffolk:
10 (i) for the purpose of driving to and from a state-approved cooper-
11 ative work-study educational program, or to or from an approved program
12 for credit in a post-secondary institution, or to or from a state-ap-
13 proved registered evening high school or while engaged in farm employ-
14 ment, or to or from an approved driver education course; or
15 (ii) from five o'clock in the morning to [nine] TEN o'clock in the
16 evening, to and from a place of business where the holder is regularly
17 employed, or when accompanied by a duly licensed parent, guardian,
18 person in a position of loco parentis, driver education teacher, or
19 driving school instructor.
20 (b) in all other areas of the state, except for the city of New York:
21 (i) from five o'clock in the morning to [nine] TEN o'clock in the
22 evening; or
23 (ii) from [nine] TEN o'clock in the evening to five o'clock in the
24 morning when going to or from school, or to or from a place of business
25 where the holder is employed on a regularly scheduled basis, or when
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06856-01-1
A. 5234 2
1 accompanied by a duly licensed parent, guardian or one in a position of
2 loco parentis to the licensee.
3 (c) in the city of New York, driving shall be prohibited.
4 (d) for the purpose of this subdivision, the term "school" shall mean
5 instruction, education or training licensed or approved by a department
6 or agency of the state or training conducted by the armed forces of the
7 United States except it shall not include extra-curricular activities or
8 social events for which scholastic credits are not given.
9 (e) any person operating a motor vehicle to or from school or to or
10 from a place of business as authorized by this subdivision must possess
11 documentation signed by such person's instructor or employer. The
12 commissioner shall, by regulation, prescribe the form and content of
13 such documentation.
14 (F) DURING THE FIRST SIX MONTHS IN WHICH A PERSON HOLDS SUCH A
15 LICENSE, HE OR SHE MAY NOT TRANSPORT ANY PASSENGER LESS THAN TWENTY
16 YEARS OF AGE.
17 S 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle and
18 traffic law, as amended by chapter 215 of the laws of 2010, is amended
19 to read as follows:
20 (c) An applicant for a class D or M license shall be at least eighteen
21 years of age[, except that an application shall be accepted if the
22 applicant is at least seventeen years of age and submits acceptable
23 proof of successful completion of a driver education course, approved by
24 the state education department and the commissioner,] and proof of
25 completion of the minimum hours of supervised driving as required in
26 paragraph (d) of this subdivision.
27 S 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
28 traffic law, as amended by chapter 585 of the laws of 2002, is amended
29 to read as follows:
30 (b) Upon successful completion of the requirements set forth in para-
31 graph (a) of this subdivision which shall include an alcohol and drug
32 education component as described in paragraph (c) of this subdivision, a
33 "Road Rage" awareness component as described in paragraph (c-1) of this
34 subdivision and a "Work Zone Safety" awareness component as described in
35 paragraph (c-2) of this subdivision, the commissioner shall cause the
36 applicant to take a road test in a representative vehicle of a type
37 prescribed by the commissioner which shall be appropriate to the type of
38 license for which application is made, except that the commissioner may
39 waive the road test requirements for certain classes of applicants. AN
40 APPLICANT LESS THAN EIGHTEEN YEARS OF AGE AT THE TIME OF RECEIPT OF A
41 LEARNER'S PERMIT MAY NOT TAKE A ROAD TEST UNTIL SUCH APPLICANT HAS HELD
42 SUCH LEARNER'S PERMIT CONTINUOUSLY FOR A PERIOD OF NINE MONTHS. AN
43 APPLICANT LESS THAN EIGHTEEN YEARS OF AGE MAY NOT TAKE A ROAD TEST
44 UNLESS THE APPLICANT'S PARENT OR GUARDIAN CERTIFIES, ON A FORM
45 PRESCRIBED THEREFOR BY THE COMMISSIONER, THAT THE APPLICANT HAS AT LEAST
46 SEVENTY-FIVE HOURS OF EXPERIENCE OPERATING A MOTOR VEHICLE, AT LEAST
47 FIFTEEN OF WHICH MUST HAVE TAKEN PLACE AFTER SUNDOWN. The commissioner
48 shall have the power to establish a program to allow persons other than
49 employees of the department to conduct road tests in representative
50 vehicles when such tests are required for applicants to obtain a class
51 A, B or C license. If HE OR she chooses to do so, HE OR she shall set
52 forth HIS OR her reasons in writing and conduct a public hearing on the
53 matter. [She] HE OR SHE shall only establish such a program after hold-
54 ing the public hearing.
A. 5234 3
1 S 4. Subdivision 1 of section 507 of the vehicle and traffic law, as
2 amended by chapter 215 of the laws of 2010, is amended to read as
3 follows:
4 1. Driver education. [Notwithstanding any other provisions of this
5 article, a class D or class M license, whichever is appropriate, may be
6 issued to a minor seventeen years of age who has successfully completed
7 a] A driver education course approved by the state education department
8 and the commissioner in a high school or college MAY BE CONDUCTED PURSU-
9 ANT TO THE PROVISIONS OF THIS SUBDIVISION and who has submitted proof of
10 completion of the minimum hours of supervised driving as required in
11 paragraph (d) of subdivision two of section five hundred two of this
12 article. No such driver education course may be approved unless class-
13 room training is provided by a person approved by the state education
14 department and the commissioner. However, a school district may
15 contract with one or more licensed drivers' schools to provide behind
16 the wheel training, pursuant to regulations promulgated by the commis-
17 sioner. [The commissioner shall prescribe the requirements for licensing
18 of such minors.] A student enrolled in such an approved driver education
19 course may operate a motor vehicle without holding a driver's license or
20 a learner's permit while under the immediate supervision of an instruc-
21 tor in such course or a driver's school instructor providing behind the
22 wheel training in such a course, provided such operation is in accord-
23 ance with the rules established by the commissioner. [Every student who
24 successfully completes such course in a day, evening or summer school
25 program offered by a public or private school shall receive certif-
26 ication of such completion on a certificate prescribed by the commis-
27 sioner.]
28 S 5. This act shall take effect on the first of January next succeed-
29 ing the date on which it shall have become a law. Effective immediately
30 the commissioner of motor vehicles is authorized to promulgate any and
31 all rules and regulations and take any other measures necessary to
32 implement this act on its effective date on or before such date.