Requires the suspension of a driver's license for an accident caused by the failure to yield the right of way and such failure results in the death of a person.
BILL NUMBER: S6789
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to requiring the suspension of a driver's license for an accident caused by the failure to yield the right of way and death results
PURPOSE OR GENERAL IDEA OF BILL : This bill will ensure that when there is an accident caused by a motorist failing to yield the right of way which results in the death of an individual, that motorist will then have their license suspended.
SUMMARY OF SPECIFIC PROVISIONS : 1. The commissioner shall suspend the driver's license of any operator of a motor vehicle who is charged with a failure to yield the right of way resulting in the death of one or more persons. 2. Establishes the guidelines for the length of suspension of driver's license as well as possible exemptions for employment, educational, and health reasons. 3. This act shall take effect on the ninetieth day.
JUSTIFICATION : Currently there is no immediate penalty for drivers who cause a death by failing to yield the right of way. This is particularly troubling to motorcyclists, who given the reduced visibility and protection offered by motorcycles, are particularly susceptible to becoming seriously injured or killed in these types of accidents. Being aware of the other vehicles on the road should be the responsibility of all drivers and this would change our vehicle and traffic law to reflect that.
PRIOR LEGISLATIVE HISTORY : None.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the ninetieth day.
STATE OF NEW YORK ________________________________________________________________________ 6789 IN SENATE February 5, 2010 ___________Introduced by Sen. VALESKY -- 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 requiring the suspension of a driver's license for an accident caused by the failure to yield the right of way and death results THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 603-c to read as follows: S 603-C. ACCIDENTS; SUSPENSION FOR FAILURE TO YIELD RIGHT OF WAY. 1. IN ADDITION TO THE REQUIREMENTS OF SECTIONS SIX HUNDRED THREE, SIX HUNDRED THREE-A AND SIX HUNDRED THREE-B OF THIS ARTICLE, THE COMMISSION- ER SHALL CAUSE TO BE SUSPENDED THE DRIVER'S LICENSE OF ANY OPERATOR OF A MOTOR VEHICLE WHO IS CHARGED WITH A FAILURE TO YIELD THE RIGHT OF WAY TO ANOTHER OPERATOR IN VIOLATION OF ANY PROVISION OF ARTICLE TWENTY-SIX OF THIS CHAPTER AND SUCH FAILURE TO YIELD THE RIGHT OF WAY IS THE CAUSE OF AN ACCIDENT RESULTING IN THE DEATH OF ONE OR MORE PERSONS. 2. ANY SUSPENSION REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL REMAIN IN EFFECT UNTIL CERTIFICATION BY THE COMMISSIONER OF THE COMPLETION OF THE INVESTIGATIONS AND REPORTS REQUIRED BY SECTIONS SIX HUNDRED THREE, SIX HUNDRED THREE-A AND SIX HUNDRED THREE-B OF THIS ARTI- CLE, BUT FOR NO LONGER THAN SIXTY DAYS. THE COMMISSIONER SHALL CERTIFY THE COMPLETION OF SUCH INVESTIGATIONS AND REPORTS IN A MANNER AND FORM TO BE DETERMINED BY THE COMMISSIONER. ANY OPERATOR OF A MOTOR VEHICLE WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS ARTICLE MAY APPLY TO THE COMMISSIONER FOR A RESTRICTED LICENSE WHEREBY SUCH OPERATOR MAY OPERATE A MOTOR VEHICLE ONLY FOR TRANSPORTATION TO HIS OR HER PLACE OF EMPLOY- MENT OR THE PLACE OF EMPLOYMENT OF HIS OR HER SPOUSE, TO ATTEND CLASSES AT SCHOOL OR INSTITUTION OF HIGHER EDUCATION OR TO TRANSPORT HIS OR HER SPOUSE TO ATTEND SUCH CLASSES, OR TO THE OFFICE OF THE PHYSICIAN OR OTHER HEALTH CARE PROVIDER OF SUCH OPERATOR OR THE SPOUSE OF SUCH OPERA- TOR.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15340-03-0 S. 6789 2
3. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND REGULATIONS FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.