NY State Assembly Bill 2009-A11157

Assembly Bill A11157

Signed By Governor

2009-2010 Legislative Session

Relates to the minimum hours of supervised driving requirement for licensing

download bill text pdf

Archive: Last Bill Status Via S7439 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2010	signed chap.215
Jul 09, 2010	delivered to governor
Jun 30, 2010	returned to senate passed assembly ordered to third reading rules cal.493 substituted for a11157
Jun 30, 2010	substituted by s7439 rules report cal.493 reported
Jun 25, 2010	reported referred to rules
Jun 08, 2010	reported referred to codes
May 20, 2010	referred to transportation

Votes

- Jun 17, 2010 - Floor Vote
  S7439
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      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
  May 11, 2010 - Transportation Committee Vote
  S7439
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 11, 2010
      
      aye (19)
      
      Addabbo Jr.
      
      Aubertine
      
      Diaz
      
      Dilan
      
      Foley
      
      Fuschillo
      
      Johnson
      
      Lanza
      
      Larkin
      
      Libous
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Volker
      
      Young
  Jun 2, 2010 - Codes Committee Vote
  S7439
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 2, 2010
      
      aye (16)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker

co-Sponsors

multi-Sponsors

2009-A11157 (ACTIVE) - Details

See Senate Version of this Bill:: S7439
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§502 & 507, V & T L; amd §14, Chap 403 of 2009

2009-A11157 (ACTIVE) - Summary

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.

2009-A11157 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11157

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  individ-
uals 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-fami-
ly  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  tight-
ened  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 imme-
diately.

2009-A11157 (ACTIVE) - Bill Text download pdf

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

                                  11157

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by M. of A. GANTT, CUSICK, MAISEL, TITONE -- Multi-Sponsored
  by -- M. of A.  GABRYSZAK, WEISENBERG -- (at request of the Department
  of Motor Vehicles) -- read once  and  referred  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

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

                                                           LBD15771-02-0

A. 11157                            2

training, pursuant to regulations promulgated by the  commissioner.  The
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.

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Assembly Bill A11157

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Sponsored By

GANTT

Archive: Last Bill Status Via S7439 - Signed by Governor

co-Sponsors

Michael Cusick

Alan Maisel

Matthew Titone