Relates to the minimum hours of supervised driving requirement for licensing and amends chapter 403 of the laws of 2009 relating to the graduated license program.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S7439
TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the requirements for licensing and to amend chapter 403 of the laws of 2009 amending the vehicle and traffic law relating to the graduated licensing program, in relation to the effective date thereof
PURPOSE OF THE BILL :
This bill would require individuals completing driver education to have 50 hours of driving experience before taking a road test and would make a technical amendment to the graduated licensing law.
SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Vehicle and Traffic Law (VTL) § 502(2)(c) to require applicants for a class D or M license who are seventeen years of age and have completed a driver education course to submit proof of having completed a minimum of 50 hours of supervised driving experience, 15 hours of which were performed after sunset.
Section 2 of the bill would amend VTL § 507(1) to make a conforming amendment to provide for the issuance of a class D license to individuals who complete a driver education course.
Section 3 of the bill would amend section 14 of Chapter 403 of the Laws of 2009 to provide that certain restrictions on DJ permit and license holders shall apply uniformly effective September 1, 2010.
Section 4 of the bill provides that sections 1 and 2 would take effect 30 days after enactment and section 3 would take effect immediately.
EXISTING LAW :
Current law provides that applicants for DJ or MJ licenses must submit proof that they have completed 50 hours of supervised driving. There is no requirement that an applicant for a D or M license who is 17 years of age and who has completed a driver education course submit such proof.
Currently, VTL §§ 501-b(1) and 501-b(2) provide that up to 2 non-family passengers under 21 may be in a motor vehicle operated by the holder of a DJ or MJ learner's permit/license. Pursuant to Chapter 403 of the Laws of 2009, effective February 22, 2010, the holder of a DJ permit or license issued on or after such date may operate a motor vehicle with only 1 non-family member passenger.
PRIOR LEGISLATIVE HISTORY
This is a new bill.
STATEMENT IN SUPPORT :
Chapter 403 of the Laws of 2009 increased, from 20 to 50, the minimum number of hours of supervised driving required by an applicant for a DJ or MJ license to be eligible to take a road test. This requirement did not include those applicants who complete a driver education course. Although a driver education course is valuable, most such courses only provide 6 hours of on-road experience. Therefore, it does not make sense to require teenagers who do not take a driver education course to have at least 50 hours of supervised driving experience, while waiving that requirement completely for those teens who take a course. Under this proposal, all license applicants who are under the age of 18 must submit the proof of additional on-the-road driving experience.
Currently, VTL §§ 501-b(1) and 501-b(2) provides that only two non-family passengers under 21 may be in a motor vehicle operated by the holder of a DJ or MJ learner's permit. Chapter 403 of the Laws of 2009 tightened this restriction to only 1 non-family person. The effective date provided that this new restriction would apply to DJ permits and licenses issued on or after February 22, 2010. This creates a situation where individuals who are issued their DJ permits or licenses prior to February 22, 2010, are subject to a less stringent requirement than those issued after February 22. This bill will fix this discrepancy by amending the effective date of Chapter 403 so that all DJ permit holders are subject to the 1 non-family passenger restriction.
BUDGET IMPLICATIONS :
This bill does not have any budget implications.
EFFECTIVE DATE : Sections 1 and 2 of the bill would take effect 30 days after being approved and would apply to individuals enrolling in driver education courses on or after that date, and section 3 would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7439 IN SENATE April 9, 2010 ___________Introduced by Sens. DILAN, FUSCHILLO -- (at request of the Department of Motor Vehicles) -- 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 require- ments for licensing and to amend chapter 403 of the laws of 2009 amending the vehicle and traffic law relating to the graduated licens- ing program, in relation to the effective date thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 2 of section 502 of the vehi- cle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: (c) An applicant for a class D or M license shall be at least eighteen years of age, except that an application shall be accepted if the appli- cant is at least seventeen years of age and submits acceptable proof of successful completion of a driver education course, approved by the state education department and the commissioner, AND PROOF OF COMPLETION OF THE MINIMUM HOURS OF SUPERVISED DRIVING AS REQUIRED IN PARAGRAPH (D) OF THIS SUBDIVISION. S 2. Subdivision 1 of section 507 of the vehicle and traffic law, as amended by chapter 173 of the laws of 1990, is amended to read as follows: 1. Driver education. Notwithstanding any other provisions of this article, a class D or class M license, whichever is appropriate, may be issued to a minor seventeen years of age who has successfully completed a driver education course approved by the state education department and the commissioner in a high school or college AND WHO HAS SUBMITTED PROOF OF COMPLETION OF THE MINIMUM HOURS OF SUPERVISED DRIVING AS REQUIRED IN PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED TWO OF THIS ARTICLE. No such driver education course may be approved unless class- room training is provided by a person approved by the state education department and the commissioner. However, a school district may contract with one or more licensed drivers' schools to provide behind the wheel training, pursuant to regulations promulgated by the commissioner. TheEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15771-02-0 S. 7439 2
commissioner shall prescribe the requirements for licensing of such minors. A student enrolled in such an approved driver education course may operate a motor vehicle without holding a driver's license or a learner's permit while under the immediate supervision of an instructor in such course or a driver's school instructor providing behind the wheel training in such a course, provided such operation is in accord- ance with the rules established by the commissioner. Every student who successfully completes such course in a day, evening or summer school program offered by a public or private school shall receive certif- ication of such completion on a certificate prescribed by the commis- sioner. S 3. Section 14 of chapter 403 of the laws of 2009 amending the vehi- cle and traffic law relating to the graduated licensing program is amended to read as follows: S 14. This act shall take effect immediately; provided, however, that: (a) sections one,
[two, three,]five, six, eight, nine and ten AND THE AMENDMENTS TO PARAGRAPH (D) OF SUBDIVISION 1 OF SECTION 501-B OF THE VEHICLE AND TRAFFIC LAW MADE BY SECTION TWO of this act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to licenses issued on or after such effective date. Any license issued pursuant to section 503-a of the vehicle and traffic law prior to such effective date shall remain in effect until the expiration date of such license; (b) sections four and twelve of this act shall take effect November 1, 2009; [and](c) section eleven of this act shall expire and be deemed repealed November 1, 2009; AND (D) SECTION THREE AND THE AMENDMENTS TO PARAGRAPH (C) OF SUBDIVISION 1 OF SECTION 501-B OF THE VEHICLE AND TRAFFIC LAW MADE BY SECTION TWO OF THIS ACT SHALL TAKE EFFECT SEPTEMBER 1, 2010. S 4. This act shall take effect immediately; provided, however, that sections one and two of this act shall take effect thirty days after it shall have become a law and shall apply to all persons enrolling in approved driver education courses on or after such date.