Bill Text: NY A10341 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the establishment of standards for the permanent revocation of a license or operating privileges for persistent vehicle and traffic law offenders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-23 - referred to transportation [A10341 Detail]

Download: New_York-2011-A10341-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10341
                                 I N  A S S E M B L Y
                                     May 23, 2012
                                      ___________
       Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  the  estab-
         lishment  of  standards  for  the permanent revocation of a license or
         operating privileges for persistent vehicle and traffic law offenders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  510  of  the  vehicle  and traffic law is hereby
    2  amended by adding a new subdivision 12 to read as follows:
    3    12. A. THE COMMISSIONER SHALL ESTABLISH BY  RULE,  STANDARDS  FOR  THE
    4  PERMANENT  REVOCATION  OF DRIVING PRIVILEGES FOR OPERATORS WHO HAVE BEEN
    5  DEEMED TO HAVE ACCUMULATED AN UNACCEPTABLE NUMBER OF SERIOUS MOTOR VEHI-
    6  CLE OFFENSES WITHIN ESTABLISHED TIME FRAMES WHICH SHALL BE CALCULATED IN
    7  INCREMENTS OF NOT LESS THAN FIVE YEARS. THE TERM "SERIOUS MOTOR  VEHICLE
    8  OFFENSE" SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
    9    (I) A CONVICTION FOR VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OR
   10  SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER AND ANY VIOLATION OF
   11  ARTICLE THIRTY-ONE OF THIS CHAPTER FOR WHICH REVOCATION OR SUSPENSION OF
   12  A  LICENSE  OR  OPERATING  PRIVILEGES IS MANDATORY, INCLUDING FAILURE TO
   13  SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR
   14  OF THIS CHAPTER;
   15    (II) A CONVICTION FOR A FELONY, CLASS A  OR  UNCLASSIFIED  MISDEMEANOR
   16  SET  FORTH  IN  THIS CHAPTER INVOLVING THE OPERATION OF A MOTOR VEHICLE,
   17  EXCEPT FOR THE PROVISIONS OF SUBDIVISION ONE  OF  SECTION  FIVE  HUNDRED
   18  ELEVEN OF THIS ARTICLE;
   19    (III) A CONVICTION FOR A VIOLATION OF SECTION FIVE HUNDRED ELEVEN-D OF
   20  THIS ARTICLE;
   21    (IV) CONVICTION OF ANY VIOLATION FOR WHICH REVOCATION OR SUSPENSION OF
   22  A LICENSE OR DRIVING PRIVILEGES IS MANDATORY PURSUANT TO THIS CHAPTER;
   23    (V) CONVICTION FOR A VIOLATION OF ANY PROVISION OF ARTICLE ONE HUNDRED
   24  TWENTY OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE
   25  OPERATION OF A MOTOR VEHICLE; AND
   26    (VI)  ANY OTHER VIOLATION DESIGNATED BY THE COMMISSIONER TO BE A SERI-
   27  OUS MOTOR VEHICLE OFFENSE, PURSUANT TO ADOPTION BY RULE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15970-01-2
       A. 10341                            2
    1    B. THE RULE FOR ADOPTION OF THE STANDARDS SET FORTH IN PARAGRAPH A  OF
    2  THIS  SUBDIVISION  SHALL  INCLUDE  THE  ESTABLISHMENT  OF CRITERIA FOR A
    3  SINGLE OPPORTUNITY FOR RESTORATION OF A RESTRICTED LICENSE OR  OPERATING
    4  PRIVILEGES  AFTER  A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF
    5  THE  IMPOSITION  OF A PERMANENT REVOCATION AND FULL OPERATING PRIVILEGES
    6  AFTER A PERIOD OF NOT LESS THAN TEN YEARS. SUCH CRITERIA SHALL, AT MINI-
    7  MUM, REQUIRE THE ABSENCE OF: (I) ANY VIOLATION OF ARTICLE THIRTY-ONE  OF
    8  THIS CHAPTER, INCLUDING FAILURE TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
    9  SECTION  ELEVEN  HUNDRED NINETY-FOUR OF THIS CHAPTER; (II) ANY VIOLATION
   10  OF SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE; (III) ANY  VIOLATION  OF
   11  ARTICLE  ONE  HUNDRED  TWENTY  OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE
   12  PENAL LAW INVOLVING THE OPERATION  OF  A  MOTOR  VEHICLE;  OR  (IV)  ANY
   13  VIOLATION OF THIS CHAPTER RESULTING IN PERSONAL INJURY TO A THIRD PARTY;
   14  AND  SHALL CONSIDER FAIRNESS, REHABILITATIVE EFFORT AND PUBLIC SAFETY IN
   15  THE ESTABLISHMENT OF SUCH CRITERIA. IN ADDITION TO THE REQUIREMENTS  SET
   16  FORTH  IN  THIS  PARAGRAPH, ANY SUCH RULE SHALL NOT BE INCONSISTENT WITH
   17  THE PROVISIONS OF CLAUSE (B) OF SUBPARAGRAPH TWELVE OF PARAGRAPH (A)  OF
   18  SUBDIVISION  TWO  OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER
   19  RELATED TO PERMANENT REVOCATION FOR MULTIPLE ALCOHOL-RELATED OFFENSES.
   20    S 2. Subparagraph (iii) of paragraph (a) of subdivision 3  of  section
   21  511  of  the  vehicle  and traffic law, as amended by chapter 746 of the
   22  laws of 2006, is amended to read as follows:
   23    (iii) commits the offense of  aggravated  unlicensed  operation  of  a
   24  motor  vehicle in the third degree as defined in subdivision one of this
   25  section; and is operating a  motor  vehicle  while  [under]  SUBJECT  TO
   26  permanent  revocation  as  set forth in subparagraph twelve of paragraph
   27  (b) of subdivision two of section eleven hundred  ninety-three  of  this
   28  chapter  OR PURSUANT TO RULE OF THE COMMISSIONER AS AUTHORIZED BY SUBDI-
   29  VISION TWELVE OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
   30    S 3. This act shall take effect immediately.