Relates to notice upon conviction for certain violations of right to withdraw consent.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to notice to guardians of minors holding learner's permits or junior licenses, upon conviction for certain violations, of their right to withdraw consent
PURPOSE: To provide parents or guardians with notification of their child's conviction of a serious traffic infraction which resulted in a suspension of their driving privileges, as well as notification of a parent or guardian's right to withdraw their consent to issue or reissue their license or learner's permit.
SUMMARY OF PROVISIONS: Section 1 amends Subdivision 5 of Section 514 of the Vehicle and Traffic Law directing the trial court or clerk to, upon conviction for a violation of the vehicle and traffic law, inform the parent or guardian of their right to submit a form to DMV which allows them to withdraw consent for the issuance or reissuance of a driver's license or learner's permit.
Section 2 makes the effective date nine months after it becomes law.
EXISTING LAW: Subdivision 2 of Section 502 of the Vehicle and Traffic Law requires that an applicant for a class DJ or MJ license must submit written consent to the issuance of such license by the applicant's parent or guardian. Upon receipt of withdrawal of such consent, any class DJ or MJ license, learner's permit or license application shall be canceled.
JUSTIFICATION: Many parents are aware that they must sign a written consent form in order for their child to secure a junior driver's license, however, most parents are not aware that they may withdraw such consent at any time while their child holds a learner's permit or junior license simply by filling out a withdrawal of consent form with the Department of Motor Vehicles. When a junior driver is convicted of a serious traffic violation, it is critically important that parents and guardians are made well aware that they may withdraw consent, thus canceling their child's driving application.
Being convicted of a serious traffic violation as a holder of learner's permit or junior license may indicate a lack of experience, maturity or ability. Parents and guardians who are made aware of the law allowing them to withdraw consent may choose to exercise this right. Young drivers are those who are statistically most likely to be involved in motor vehicle accidents and as such, this notification may serve to reduce the number of accidents and curb teenage reckless driving.
LEGISLATIVE HISTORY: 2007-2008: S.1091A - Passed Senate 2006: S.6558 - Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Nine months after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1419 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to notice to guardians of minors holding learner's permits or junior licenses, upon conviction for certain violations, of their right to withdraw consent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 514 of the vehicle and traffic law, as amended by chapter 1097 of the laws of 1971, is amended to read as follows:
[S]5. Upon the conviction of any person under eighteen years of age who resides within the household of his parent or guardian, the trial court or clerk shall forthwith transmit written notice of such conviction to the parent or guardian of such minor person AND SHALL PROVIDE SUCH PARENT OR GUARDIAN WITH A SUMMARY OF THE PROVISIONS OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TWO OF THIS TITLE AUTHORIZING SUCH PARENT OR GUARDIAN TO WITHDRAW THEIR CONSENT TO THE ISSUANCE OR REISSUANCE OF SUCH LICENSE OR LEARNER'S PERMIT. SUCH NOTICE SHALL INFORM THE PARENT OR GUARDIAN OF ANY ACTION TAKEN AS A RESULT OF THE CONVICTION AND SHALL PROVIDE A FORM ON WHICH PARENTS MAY NOTIFY THE DEPARTMENT OF THEIR INTENT TO WITHDRAW THEIR CONSENT; provided, however, that transmittal of such notice of conviction shall not be required in any case in which notice of arraignment of such person upon the charge or charges of which convicted is required by, and shall have been previously transmitted as provided in, subdivision two of section eighteen hundred seven of this chapter. S 2. This act shall take effect nine months after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05317-01-1