S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1292
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to speeding  by
   an unlicensed driver
 
   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 1183 to read as follows:
   § 1183. SPEEDING BY AN UNLICENSED DRIVER. 1. SPEEDING BY AN UNLICENSED
 DRIVER  IS HEREBY DECLARED A CLASS A MISDEMEANOR, PUNISHABLE AS PROVIDED
 IN THIS SECTION.
   2. EVERY PERSON CONVICTED OF SPEEDING WHO DOES  NOT  HAVE  A  PROPERLY
 ISSUED DRIVER'S LICENSE SHALL BE PUNISHED AS FOLLOWS:
   (A)  WHERE THE COURT OR TRIBUNAL RECORDS OR ENTERS THAT THE SPEED UPON
 WHICH THE CONVICTION WAS BASED EXCEEDED THE APPLICABLE  SPEED  LIMIT  BY
 NOT  MORE  THAN  TEN  MILES  PER  HOUR,  BY A FINE OF NOT LESS THAN FIVE
 HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS;
   (B) WHERE THE COURT OR TRIBUNAL RECORDS OR ENTERS THAT THE SPEED  UPON
 WHICH  THE  CONVICTION  WAS BASED EXCEEDED THE APPLICABLE SPEED LIMIT BY
 TEN MILES PER HOUR OR MORE BUT NOT MORE THAN THIRTY MILES PER HOUR, BY A
 FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE  THAN  ONE  THOUSAND
 FIVE  HUNDRED  DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT;
   (C) WHERE THE COURT OR TRIBUNAL RECORDS OR ENTERS THAT THE SPEED  UPON
 WHICH  THE  CONVICTION  WAS BASED EXCEEDED THE APPLICABLE SPEED LIMIT BY
 MORE THAN THIRTY MILES PER HOUR, BY A FINE OF NOT LESS THAN ONE THOUSAND
 FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOUSAND DOLLARS, OR BY IMPRISON-
 MENT FOR NOT MORE THAN THIRTY DAYS OR BY BOTH SUCH  FINE  AND  IMPRISON-
 MENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01427-01-7

              

 A. 1292                             2
 
   3.  THE MAXIMUM FINE FOR ANY SUBSEQUENT CONVICTION OF SPEEDING WITHOUT
 A LICENSE  WHICH  OCCURS  WITHIN  EIGHTEEN  MONTHS  OF  ANY  SUCH  PRIOR
 CONVICTION MAY BE INCREASED BY AN ADDITIONAL FIVE HUNDRED DOLLARS.
   4. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS PREVENTING OR LIMIT-
 ING THE IMPOUNDING OR FORFEITURE OF A MOTOR VEHICLE AS PROVIDED PURSUANT
 TO SECTION FOUR HUNDRED TWENTY-FOUR OF THIS CHAPTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.