NY State Senate Bill 2015-S1869

Senate Bill S1869

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Jan 15, 2015	referred to transportation

2015-S1869 (ACTIVE) - Details

See Assembly Version of this Bill:: A2017
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§510 & 511, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A10341
2013-2014: S6625, A6156
2017-2018: S3573

2015-S1869 (ACTIVE) - Summary

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

2015-S1869 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1869

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the
establishment of standards for the permanent revocation of a license
or operating privileges for persistent vehicle and traffic law
offenders

PURPOSE:

To instruct the Commissioner of Motor Vehicles to promulgate, by rule,
standards for the permanent revocation of the driver's privilege to
operate a motor vehicle for persistently dangerous drivers.

SUMMARY OF PROVISIONS:

The Commissioner of Motor Vehicles is instructed to establish, by
rule, standards for the permanent revocation of driving privileges for
those drivers who have accumulated an unacceptable number of serious
motor vehicle offenses within established time frames of not less than
five years (e.g., 4 such offenses within 5 years, 6 within 10 years,
etc.) Serious motor vehicle offenses shall include

*Alcohol-related offenses; * A felony, class A misdemeanor and most
unclassified misdemeanors of the vehicle & Traffic Law (VTL) involving

the operation of a motor vehicle;

*A conviction for aggravated failure to answer tickets or pay fines;

*A conviction for any VTL violation for which revocation or suspension
is mandatory; * Conviction under the Penal Law for causing the death
or serious injury of a person; and *Any other offense deemed so, by
rule, by the Commissioner.

The bill also would provide for the Commissioner to establish criteria
for a "one-time" re-licensing opportunity under certain circumstances.

EXISTING LAW:

There is no consistent statutory or regulatory policy for the
permanent revocation of the driving privileges of persistent
offenders.

JUSTIFICATION:

The Legislature is on notice that persistently dangerous drivers
continue to plague New York highways without facing consequences that
should seem applicable. For example, the driver who killed Charlotte
Gallo while speeding through a crosswalk, had on his record, ten motor
vehicle accidents (several involving personal injury) and 23 motor
vehicle convictions (19 moving) yet he was licensed when he ran over
an innocent person. While the Commissioner is in the best position to
adopt (and maintain) standards for the permanent revocation of the
operating privileges of persistently dangerous drivers -to date that
has not occurred with any measure of consistency or predictability.


This bill balances clear legislative intent to remove these drivers
from our highways, with the need to provide the expertise and
flexibility of the regulatory process.

LEGISLATIVE HISTORY:

2014: A.6156; amend and recommit to transportation
2014: A.6156; print number 6156a
2014: S.6625; REFERRED TO TRANSPORTATION

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

2015-S1869 (ACTIVE) - Bill Text download pdf

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

    S. 1869                                                  A. 2017

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2015
                               ___________

IN  SENATE -- Introduced by Sen. FARLEY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion

IN  ASSEMBLY -- Introduced by M. of A. TEDISCO, JOHNS, BARCLAY, PALMESA-
  NO, CERETTO, DUPREY, TENNEY, HAWLEY -- Multi-Sponsored by -- M. of  A.
  BROOK-KRASNY,  CROUCH,  FINCH,  KATZ,  MAGEE,  TITONE -- read once and
  referred to the Committee 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:

  Section  1.  Section  510 of the vehicle and traffic law is amended by
adding a new subdivision 12 to read as follows:
  12. A. THE COMMISSIONER SHALL ESTABLISH BY  RULE,  STANDARDS  FOR  THE
PERMANENT  REVOCATION  OF DRIVING PRIVILEGES FOR OPERATORS WHO HAVE BEEN
DEEMED TO HAVE ACCUMULATED AN UNACCEPTABLE NUMBER OF SERIOUS MOTOR VEHI-
CLE OFFENSES WITHIN ESTABLISHED TIME FRAMES WHICH SHALL BE CALCULATED IN
INCREMENTS OF NOT LESS THAN FIVE YEARS. THE TERM "SERIOUS MOTOR  VEHICLE
OFFENSE" SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
  (I) A CONVICTION FOR VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OR
SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER AND ANY VIOLATION OF
ARTICLE THIRTY-ONE OF THIS CHAPTER FOR WHICH REVOCATION OR SUSPENSION OF
A  LICENSE  OR  OPERATING  PRIVILEGES IS MANDATORY, INCLUDING FAILURE TO
SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR
OF THIS CHAPTER;
  (II) A CONVICTION FOR A FELONY, CLASS A  OR  UNCLASSIFIED  MISDEMEANOR
SET  FORTH  IN  THIS CHAPTER INVOLVING THE OPERATION OF A MOTOR VEHICLE,
EXCEPT FOR THE PROVISIONS OF SUBDIVISION ONE  OF  SECTION  FIVE  HUNDRED
ELEVEN OF THIS ARTICLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02605-01-5

S. 1869                             2                            A. 2017

  (III) A CONVICTION FOR A VIOLATION OF SECTION FIVE HUNDRED ELEVEN-D OF
THIS ARTICLE;
  (IV) CONVICTION OF ANY VIOLATION FOR WHICH REVOCATION OR SUSPENSION OF
A LICENSE OR DRIVING PRIVILEGES IS MANDATORY PURSUANT TO THIS CHAPTER;
  (V) CONVICTION FOR A VIOLATION OF ANY PROVISION OF ARTICLE ONE HUNDRED
TWENTY OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE
OPERATION OF A MOTOR VEHICLE; AND
  (VI)  ANY OTHER VIOLATION DESIGNATED BY THE COMMISSIONER TO BE A SERI-
OUS MOTOR VEHICLE OFFENSE, PURSUANT TO ADOPTION BY RULE.
  B. THE RULE FOR ADOPTION OF THE STANDARDS SET FORTH IN PARAGRAPH A  OF
THIS  SUBDIVISION  SHALL  INCLUDE  THE  ESTABLISHMENT  OF CRITERIA FOR A
SINGLE OPPORTUNITY FOR RESTORATION OF A RESTRICTED LICENSE OR  OPERATING
PRIVILEGES  AFTER  A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE DATE OF
THE IMPOSITION OF A PERMANENT REVOCATION AND FULL  OPERATING  PRIVILEGES
AFTER A PERIOD OF NOT LESS THAN TEN YEARS. SUCH CRITERIA SHALL, AT MINI-
MUM,  REQUIRE THE ABSENCE OF: (I) ANY VIOLATION OF ARTICLE THIRTY-ONE OF
THIS CHAPTER, INCLUDING FAILURE TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER; (II)  ANY  VIOLATION
OF  SECTION  FIVE HUNDRED ELEVEN OF THIS ARTICLE; (III) ANY VIOLATION OF
ARTICLE ONE HUNDRED TWENTY OR ARTICLE ONE  HUNDRED  TWENTY-FIVE  OF  THE
PENAL  LAW  INVOLVING  THE  OPERATION  OF  A  MOTOR VEHICLE; OR (IV) ANY
VIOLATION OF THIS CHAPTER RESULTING IN PERSONAL INJURY TO A THIRD PARTY;
AND SHALL CONSIDER FAIRNESS, REHABILITATIVE EFFORT AND PUBLIC SAFETY  IN
THE  ESTABLISHMENT OF SUCH CRITERIA. IN ADDITION TO THE REQUIREMENTS SET
FORTH IN THIS PARAGRAPH, ANY SUCH RULE SHALL NOT  BE  INCONSISTENT  WITH
THE  PROVISIONS OF CLAUSE (B) OF SUBPARAGRAPH TWELVE OF PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF  THIS  CHAPTER
RELATED TO PERMANENT REVOCATION FOR MULTIPLE ALCOHOL-RELATED OFFENSES.
  S  2.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  169  of  the
laws of 2013, is amended to read as follows:
  (iii)  commits  the  offense  of  aggravated unlicensed operation of a
motor vehicle in the third degree as defined in subdivision one of  this
section;  and is operating a motor vehicle while under permanent revoca-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter  OR  PURSUANT
TO  RULE  OF  THE  COMMISSIONER  AS  AUTHORIZED BY SUBDIVISION TWELVE OF
SECTION FIVE HUNDRED TEN OF THIS ARTICLE; or
  S 3. This act shall take effect immediately.

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