S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8349

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M. of A. ROSA -- read once and referred to the Committee
  on Transportation

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:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 1254 to read as follows:
  S  1254. PERFORMANCE OF AN ILLEGAL MANEUVER WHILE OPERATING A MOTORCY-
CLE. (A) "ILLEGAL MANEUVER" SHALL MEAN ANY  MANEUVER  PERFORMED  BY  THE
OPERATOR  OF A MOTORCYCLE WHICH REQUIRES THE FRONT OR REAR WHEEL OF SUCH
MOTORCYCLE TO LEAVE CONTACT WITH THE ROAD, OR ANY MANEUVER DESCRIBED  IN
SUBDIVISIONS  (B)  AND  (C)  OF SECTION TWELVE HUNDRED FIFTY-TWO OF THIS
ARTICLE. ILLEGAL MANEUVER SHALL NOT  MEAN  A  MANEUVER  PERFORMED  BY  A
MOTORCYCLE  WITH  A  SIDE  PASSENGER TRUCK ATTACHMENT, IN WHICH THE SIDE
TRUCK LEAVES THE ROAD IN THE COURSE OF TAKING A TURN.
  (B) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
RESULTS IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER SHALL BE PUNISHABLE
BY A FINE NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS  AND  THE  AUTOMATIC
REVOCATION  OF  THE  OPERATOR'S LICENSE AND REGISTRATION FOR A PERIOD OF
ONE YEAR.
  (C) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
RESULTS IN PROPERTY DAMAGE OR BODILY HARM  OF  ANOTHER  WITHIN  EIGHTEEN
MONTHS  OF  A  PRIOR  CONVICTION WHERE THE VIOLATOR PERFORMED AN ILLEGAL
MANEUVER THAT RESULTED IN PROPERTY DAMAGE OR  BODILY  HARM  OF  ANOTHER,
SHALL  BE PUBLISHABLE BY THE FORFEITURE OF THE OPERATOR'S MOTORCYCLE AND
THE AUTOMATIC REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION  FOR
A PERIOD OF TWO YEARS.
  S  2.  Subparagraphs  (x)  and (xi) of paragraph a of subdivision 2 of
section 510 of the vehicle and traffic law, as added by chapter  571  of
the laws of 2006, are amended and two new subparagraphs (xii) and (xiii)
are added to read as follows:
  (x)  of  a  traffic  infraction  for a subsequent violation of article
twenty-six of this chapter and the commission of such  violation  caused

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD13002-02-3

A. 8349                             2

serious  physical injury to another person and such subsequent violation
occurred within eighteen months of a prior violation of any provision of
article twenty-six of this chapter where the commission  of  such  prior
violation caused the serious physical injury or death of another person;
[or]
  (xi)  of  a  traffic  infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such  violation  caused
the death of another person and such subsequent violation occurred with-
in  eighteen  months  of  a  prior violation of any provision of article
twenty-six of this chapter where the commission of such prior  violation
caused the serious physical injury or death of another person[.] ;
  (XII)  OF  A  VIOLATION  OF  SUBDIVISION (B) OF SECTION TWELVE HUNDRED
FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A  LICENSE  AND  REGISTRATION
REVOCATION OF ONE YEAR; OR
  (XIII)  OF  A  SECOND  VIOLATION  OF SUBDIVISION (B) OF SECTION TWELVE
HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A LICENSE AND  REGIS-
TRATION REVOCATION OF TWO YEARS.
  S  3. This act shall take effect on the one hundred sixtieth day after
it shall have become a law.