Bill S2863-2011

Increases the penalties for violations relating to the licensing of drivers

Increases the length of time vehicle registrations, drivers' licenses and non-resident driving privileges for individuals who drive without insurance are revoked; makes driving without insurance on a vehicle a misdemeanor; increases the penalties for driving without a license; increases penalties for aggravated unlicensed operation of a motor vehicle.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Apr 25, 2012: ADVANCED TO THIRD READING
  • Apr 19, 2012: 2ND REPORT CAL.
  • Apr 18, 2012: 1ST REPORT CAL.545
  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jun 24, 2011: COMMITTED TO RULES
  • Mar 3, 2011: ADVANCED TO THIRD READING
  • Mar 2, 2011: 2ND REPORT CAL.
  • Mar 1, 2011: 1ST REPORT CAL.131
  • Feb 2, 2011: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 1, 2011
Ayes (12): Fuschillo, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Kennedy, Perkins, Squadron, Valesky
Ayes W/R (6): Ranzenhofer, Dilan, Adams, Diaz, Smith, Stavisky
Excused (1): Johnson
VOTE: COMMITTEE VOTE: - Transportation - Apr 18, 2012
Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Smith, Squadron, Stavisky, Valesky
Ayes W/R (1): Perkins

Memo

BILL NUMBER:S2863          REVISED 03/08/11

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to increasing the penalties for violations relating to the licensing of drivers

PURPOSE:

This legislation makes our roads safer for New York's residents. As proof of that commitment, this legislation increases the penalties for individuals who continue to drive without valid licenses and/or insurance.

SUMMARY OF PROVISIONS:

Section 1: Amends 318 of the Vehicle and Traffic Law, which sets out a system for the revocation of vehicle registrations, drivers' licenses and non-resident driving privileges for individuals who drive without insurance, to increase the length of time such privileges are revoked. Under this legislation, upon such revocation by the DMV, a driver's license and vehicle registration shall not be reissued until 18 months after the date of the revocation. Furthermore, this section is amended to result in the permanent revocation of a driver's license doe to 3 or more convictions for driving without insurance within 18 months. Additionally, 318 is amended to prevent individuals who are convicted twice within 18 months from applying for a restricted use license (only valid for travel to and from work, school, medical appointments, etc.).

Section 2: Amends 319 of the Vehicle and Traffic Law to increase the penalties imposed on an individual who is driving without insurance. Under this legislation, driving without insurance would be considered a misdemeanor under 1801 of the Vehicle and Traffic Law and the operator of the motor vehicle would be subject to a graduated system of fines and/or imprisonment based on the number of violations in a given period of time. Additionally, 319 provides a civil penalty of $750 for driving without insurance. This legislation increases that penalty to $1000.

Section 3: Amends 509 of the Vehicle and Traffic Law, which sets out the penalties for driving without a license, to increase those penalties. Currently, a violation of this section is punishable by a fine of not less than $75 nor more than $300 and/or imprisonment by not more than 15 days. The punishment for operating a for-hire vehicle is more severe. Under this legislation, for a second or subsequent conviction of driving without a license, a person would be punished by a fine of no more than $500 and/or imprisoned for no more than 90 days.

Section 4: Amends 511 of the Vehicle and Traffic Law, which sets out the crimes of aggravated unlicensed operation of a motor vehicle in the first, second and third degrees, to increase penalties. Aggravated Unlicensed Operation in the Third Degree: This provision has been amended to state that, where a person has been convicted of driving without being duly licensed (pursuant to 509 of the VTL) twice within 18 consecutive months, that individual would be guilty of Aggravated Unlicensed Operation in the Third Degree which is a misdemeanor punishable by a fine of not less than $200 nor more than $500 and/or imprisonment for no more than 30 days.

- Aggravated Unlicensed Operation in the Second Degree: The punishment for this provision has been increased to a Class E felony. Currently it is a misdemeanor.

- Aggravated Unlicensed Operation in the Third Degree: This provision has been amended to decrease the number of license suspensions an individual must have to meet the elements of this crime from 10 suspensions to 5 suspensions. Additionally, the punishment for this provision of §511 has been increased to a D felony. Currently, it is an E felony.

JUSTIFICATION:

Unlicensed and uninsured drivers pose a serious threat on NYS's roads, particularly in Long Island. Their choice to drive without a license and/or insurance displays a conscious disregard for current law and the rights and safety of other motorists and pedestrians. Often, their disregard for these requirements and the rules of the road manifests itself in a continuation of the dangerous driving habits that led to the initial loss of their license and/or insurance. Such behavior and the risks it poses cannot be tolerated. Unfortunately, the penalties contained in current law do nothing to dissuade these individuals from operating a motor vehicle without a license.

The Long Island members of the NYS Assembly Republican Conference recognize the danger these individuals pose and the fact that current penal- ties do little to dissuade individuals from driving without a license and/or insurance. This legislation increases penalties and sends a message to these individuals that this behavior will not be tolerated. The Long Island Delegation asserts that this legislation will significantly reduce the incidents of individuals driving without insurance and/or a license and endangering the public with their irresponsible and criminal behavior.

LEGISLATIVE HISTORY:

2009-10, S.3608; 2007-08, S.2112; 2005-06, S.7649.

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2863 2011-2012 Regular Sessions IN SENATE February 2, 2011 ___________
Introduced by Sen. LAVALLE -- 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 increasing the penalties for violations relating to the licensing of drivers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 2 of section 318 of the vehi- cle and traffic law is amended to read as follows: (b) Such motor vehicle shall not be registered in the name of such person, or in any other name where the commissioner has reasonable grounds to believe that such registration will have the effect of defeating the purpose of this article, and no other motor vehicle shall be registered in the name of such person, nor any driver's license issued to such person, for a period of [one year] EIGHTEEN MONTHS from the date of such revocation. S 2. Paragraph (b) of subdivision 4 of section 318 of the vehicle and traffic law is amended to read as follows: (b) Such non-resident privileges shall not be restored for a period of [one year] EIGHTEEN MONTHS from the date of such revocation. S 3. Paragraph (b) of subdivision 5 of section 318 of the vehicle and traffic law is amended to read as follows: (b) No new driver's license shall be issued, or non-resident privilege restored to such person for a period of [one year] EIGHTEEN MONTHS from the date of such revocation. S 4. Subdivision 9 of section 318 of the vehicle and traffic law, as amended by chapter 1025 of the laws of 1971, is amended to read as follows: 9. (a) If a motor vehicle has been involved in an accident, and its registration or the driver's license of its operator, or both, have been revoked pursuant to this section, then neither such vehicle nor any other motor vehicle shall be registered or reregistered in the name of
its owner or of any other person legally responsible for its use, nor shall any driver's license be issued to such owner, person or operator until [one year has] EIGHTEEN MONTHS HAVE passed since the date of such revocation and, as the case may be, the commissioner has received the payments and evidence required by paragraph (c) [below] OF THIS SUBDIVI- SION. (b) If a motor vehicle not registered in this state is involved in an accident in this state and the privilege of its operation within this state has been revoked, then neither its owner, any person legally responsible for its use nor its operator shall exercise the privilege of the operation of such vehicle within this state or the privilege of operation within this state of any motor vehicle, until [one year has] EIGHTEEN MONTHS HAVE passed since the date of revocation and, as the case may be, the commissioner has received the payments and evidence as required in PARAGRAPH (c) [below] OF THIS SUBDIVISION. (c) The payments and evidence referred to in paragraphs (a) and (b) [above] OF THIS SUBDIVISION shall be evidence, satisfactory to the commissioner, (1) That no cause of action based upon such accident against such owner, person legally responsible or operator has been commenced within a period of [one year] EIGHTEEN MONTHS from the date of the accident or a release thereof has been given to such owner, person or operator, or (2) That no judgment arising out of such cause of action for amounts within the limits stated in paragraph (a) of subdivision four of section three hundred eleven OF THIS ARTICLE against such owner, person or oper- ator remains unsatisfied, except that such registration and licensing privileges may be restored on compliance with the procedures permitting the payment of a judgment in installments provided in section three hundred thirty-four OF THIS TITLE and (3) That all civil penalties required to be paid to the department pursuant to the provisions of subdivision five of section three hundred nineteen of this [chapter] ARTICLE have been paid. S 5. Subdivision 15 of section 318 of the vehicle and traffic law, as amended by chapter 186 of the laws of 1985, is amended and a new subdi- vision 16 is added to read as follows: 15. Notwithstanding any provisions of this section, a restricted use license or privilege of operating a motor vehicle in this state may be issued to a person who has had his OR HER license or such privilege revoked or suspended pursuant to any provision of this section in accordance with article twenty-one-A of this chapter. NO RESTRICTED USE LICENSE OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS STATE MAY BE ISSUED TO A PERSON WHO HAS HAD HIS OR HER LICENSE OR SUCH PRIVILEGE REVOKED OR SUSPENDED PURSUANT TO ANY PROVISION OF THIS SECTION TWICE WITHIN EIGHTEEN MONTHS. 16. ANY PERSON WHO HAS HAD HIS OR HER LICENSE OR PRIVILEGE OF OPERAT- ING A MOTOR VEHICLE IN THIS STATE REVOKED OR SUSPENDED PURSUANT TO ANY PROVISION OF THIS SECTION THREE OR MORE TIMES WITHIN EIGHTEEN MONTHS SHALL HAVE HIS OR HER LICENSE OR SUCH PRIVILEGE REVOKED PERMANENTLY. S 6. Subdivisions 1 and 5 of section 319 of the vehicle and traffic law, as amended by section 11 of part C of chapter 62 of the laws of 2003, are amended to read as follows: 1. Any owner of a motor vehicle registered in this state, or an unreg- istered motor vehicle, who shall operate such motor vehicle or permit it to be operated in this state without having in full force and effect the financial security required by the provisions of this chapter and any other person who shall operate in this state any motor vehicle regis-
tered in this state, or an unregistered motor vehicle, with the know- ledge that the owner thereof does not have in full force and effect such proof of financial security, except a person who, at the time of opera- tion of such motor vehicle, had in effect an operator's policy of liability insurance, as defined in section three hundred eighteen OF THIS ARTICLE, with respect to his operation of such vehicle shall be guilty of a [traffic infraction and upon conviction may be fined not less than one hundred fifty dollars or more than one thousand five hundred dollars or may be imprisoned for not more than fifteen days or both] MISDEMEANOR. In addition to the penalties [herein] set forth IN THIS SECTION, such person, upon conviction, shall also become liable for payment to the department of the civil penalty provided in subdivision five of this section. 5. The civil penalty for a violation of subdivision one of this section shall be [seven hundred fifty] ONE THOUSAND dollars. S 7. Subdivision 11 of section 509 of the vehicle and traffic law, as amended by section 3 of part C of chapter 62 of the laws of 2003, is amended to read as follows: 11. (A) A violation of any provision of this section shall be punisha- ble by a fine of not less than seventy-five nor more than three hundred dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment except, if the violation consists of failure to renew a license which was valid within sixty days, the fine shall be not more than forty dollars, and except that a violation of subdivision [seven or] eight of this section shall be punishable by a fine of not more than seventy-five dollars. (B) A SECOND OR SUBSEQUENT VIOLATION OF ANY PROVISION OF THIS SECTION, EXCEPT FOR A VIOLATION FOR FAILURE TO RENEW A LICENSE WHICH WAS VALID WITHIN SIXTY DAYS OR FOR A VIOLATION OF SUBDIVISION EIGHT OF THIS SECTION, SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN SEVENTY-FIVE NOR MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT. S 8. Paragraph (a) of subdivision 1 of section 511 of the vehicle 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, OR WHEN SUCH PERSON OPERATES A MOTOR VEHICLE WITHOUT BEING DULY LICENSED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS TITLE AND SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED FOR A VIOLATION OF SECTION FIVE HUNDRED NINE OF THIS TITLE WITHIN THE IMMEDIATELY PRECEDING EIGHTEEN MONTHS. FOR THE PURPOSE OF THIS PARA- GRAPH, A PERSON WHO HAS IN EFFECT THREE OR MORE SUSPENSIONS OR REVOCA- TIONS OF HIS OR HER LICENSE, IMPOSED ON AT LEAST THREE SEPARATE DATES, SHALL BE PRESUMED TO KNOW THAT SUCH LICENSE WAS SUSPENDED OR REVOKED. S 9. Paragraph (b) of subdivision 2 of section 511 of the vehicle and traffic law, as amended by chapter 607 of the laws of 1993, is amended to read as follows: (b) Aggravated unlicensed operation of a motor vehicle in the second degree is a [misdemeanor] CLASS E FELONY. When a person is convicted of this crime under subparagraph (i) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five
hundred dollars; and (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of impri- sonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. When a person is convicted of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than one thousand dollars; and (ii) a term of imprisonment of not less than seven days nor more than one hundred eighty days, or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. S 10. Subparagraph (ii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, is amended to read as follows: (ii) 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 such person has in effect [ten] FIVE or more suspensions, imposed on at least [ten] FIVE separate dates for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article; or S 11. Paragraph (b) of subdivision 3 of section 511 of the vehicle and traffic law, as separately amended by chapters 786 and 892 of the laws of 1990, is amended to read as follows: (b) Aggravated unlicensed operation of a motor vehicle in the first degree is a class [E] D felony. When a person is convicted of this crime, the sentence of the court must be: (i) a fine in an amount not less than five hundred dollars nor more than five thousand dollars; and (ii) a term of imprisonment as provided in the penal law, or (iii) where appropriate and a term of imprisonment is not required by the penal law, a sentence of probation as provided in subdivision six of this section, or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law. S 12. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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