Provides for the establishment of standards for the permanent revocation of a license or operating privileges for persistent vehicle and traffic law offenders.
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
To direct 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:
A new subdivision 12 is added to Section 510 of the Vehicle and Traffic Law to direct the Commissioner of Motor Vehicles 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 designated by the Commissioner to be a serious motor vehicle offense. The bill also would provide for the Commissioner to establish criteria for a "one-time" re-licensing opportunity under certain circumstances.
There is no consistent statutory or regulatory policy for the permanent revocation of the driving privileges of persistent offenders.
New York's highways continue to be plagued by persons who are persistently dangerous drivers. As just one of many examples, the driver who killed Charlotte Gallo while speeding through a crosswalk in Schenectady already 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 of Motor Vehicles is in the best position to adopt and maintain standards for the permanent revocation of the operating privileges of persistently dangerous drivers, this has not occurred to date 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.
LOCAL FISCAL IMPLICATIONS:
STATE OF NEW YORK ________________________________________________________________________ 6625 IN SENATE February 19, 2014 ___________Introduced by Sens. FARLEY, MARCHIONE -- 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 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; (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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07897-03-4 S. 6625 2
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.