Bill Text: NY S02386 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the performance of illegal maneuvers while operating a motorcycle; establishes penalties where harm to another results from an illegal maneuver.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S02386 Detail]

Download: New_York-2017-S02386-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2386--A
            Cal. No. 468
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation -- reported
          favorably  from  said  committee,  ordered to first and second report,
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading
        AN  ACT to amend the vehicle and traffic law, in relation to performance
          of illegal maneuvers while operating a motorcycle
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1254 to read as follows:
     3    § 1254. Performance of an illegal maneuver while operating a  motorcy-
     4  cle.  (a)  "Illegal  maneuver"  shall mean any maneuver performed by the
     5  operator of a motorcycle which requires the front or rear wheel of  such
     6  motorcycle  to leave contact with the road, or any maneuver described in
     7  subdivisions (b) and (c) of section twelve  hundred  fifty-two  of  this
     8  article.  Illegal  maneuver  shall  not  mean  a maneuver performed by a
     9  motorcycle with a side passenger truck attachment,  in  which  the  side
    10  truck leaves the road in the course of taking a turn.
    11    (b) An operator of a motorcycle that performs an illegal maneuver that
    12  results in property damage or bodily harm of another shall be punishable
    13  by  a  fine not to exceed five hundred dollars and the automatic revoca-
    14  tion of the operator's motorcycle license and registration for a  period
    15  of one year.
    16    (c) An operator of a motorcycle that performs an illegal maneuver that
    17  results  in  property  damage  or bodily harm of another within eighteen
    18  months of a prior conviction where the  violator  performed  an  illegal
    19  maneuver  that  resulted  in  property damage or bodily harm of another,
    20  shall be punishable by the forfeiture of the operator's  motorcycle  and
    21  the automatic revocation of the operator's motorcycle license and regis-
    22  tration for a period of two years.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06927-03-7
        S. 2386--A                          2
     1    § 2. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
     2  section  510  of  the  vehicle and traffic law, as added by section 1 of
     3  part B of chapter 55 of the laws  of  2014,  are  amended  and  two  new
     4  subparagraphs (xiv) and (xv) are added to read as follows:
     5    (xii)  of  a second or subsequent conviction of a violation of section
     6  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
     7  this chapter committed where such person is the holder of a probationary
     8  license,  as  defined in subdivision four of section five hundred one of
     9  this title, at the time of the commission of  such  violation  and  such
    10  second or subsequent violation was committed within six months following
    11  the restoration or issuance of such probationary license; [or]
    12    (xiii)  of a second or subsequent conviction of a violation of section
    13  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
    14  this  chapter committed where such person is the holder of a class DJ or
    15  MJ learner's permit or a class DJ or MJ  license  at  the  time  of  the
    16  commission of such violation and such second or subsequent violation was
    17  committed  within six months following the restoration of such permit or
    18  license[.];
    19    (xiv) of a violation of subdivision  (b)  of  section  twelve  hundred
    20  fifty-four  of  this  chapter  shall  result in a motorcycle license and
    21  registration revocation of one year; or
    22    (xv) of a second  violation  of  subdivision  (b)  of  section  twelve
    23  hundred  fifty-four of this chapter shall result in a motorcycle license
    24  and registration revocation of two years.
    25    § 3. This act shall take effect on the one hundred sixtieth day  after
    26  it shall have become a law.