Provides that the offense of operating a motor vehicle with a suspended driver's license may be enforceable for operating a motor vehicle in a parking lot; defines the term "parking lot" as any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles; excludes parking areas for one and two family residences.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Diaz, Ritchie
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the enforcement of the offense of operating a motor vehicle with a suspended license when such operation occurs in a parking lot
PURPOSE: To amend a current anomaly in the vehicle and traffic law and provide for the enforcement of operating a motor vehicle with a suspended license in a parking lot.
SUMMARY OF PROVISIONS: This bill amends Section 511 of the Vehicle and Traffic Law by striking the stipulation, "upon a public highway" from paragraph (a) of subdivision 1 of Section 511. It also adds a new subdivision 8 which makes enforcement of the operation of a motor vehicle while a license is suspended or revoked an enforceable offense when such motor vehicle operation takes place on private roads open to motor vehicle traffic or a parking lot. A parking lot is defined as any area or areas of private property. including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles.
JUSTIFICATION: Currently, the "parking lot as a public highway" interpretation of the vehicle and traffic law is only applicable to Section 1192 of the Vehicle and Traffic Law, which pertains to DWI related offenses. This means that a driver with a suspended license could become involved in a serious accident in a parking lot, yet face no legal ramifications for their actions.
LEGISLATIVE HISTORY: 1999-2008: Passed Senate; 2009-10: Senate Transportation Committee; 2011-12: Passed Senate.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1506 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MARCELLINO -- 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 the enforce- ment of the offense of operating a motor vehicle with a suspended license when such operation occurs in a parking lot THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 511 of the vehi- cle and traffic law, as amended by chapter 173 of the laws of 1990, is amended to read as follows: (a) A person is guilty of the offense of aggravated unlicensed opera- tion of a motor vehicle in the third degree when such person operates a motor vehicle
[upon a public highway]while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner. S 2. Section 511 of the vehicle and traffic law is amended by adding a new subdivision 8 to read as follows: 8. WHERE APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL APPLY UPON PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC AND ANY OTHER PARKING LOT. FOR THE PURPOSES OF THIS SECTION "PARKING LOT" SHALL MEAN ANY AREA OR AREAS OF PRIVATE PROPERTY, INCLUDING A DRIVEWAY, NEAR OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES AND USED AS A MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO SUCH PREMISES AND HAVING A CAPACITY FOR THE PARKING OF FOUR OR MORE MOTOR VEHICLES. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY AREA OR AREAS OF PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY ON WHICH IS SITUATED A ONE OR TWO FAMILY RESIDENCE. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03258-01-3