S T A T E   O F   N E W   Y O R K
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                                  10341

                          I N  A S S E M B L Y

                              May 23, 2012
                               ___________

Introduced  by M. of A. TEDISCO -- read once and referred to the Commit-
  tee 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 hereby
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.
              

                                                           LBD15970-01-2

A. 10341                            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 (A)  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 746 of the
laws of 2006, 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]  SUBJECT  TO
permanent  revocation  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 SUBDI-
VISION TWELVE OF SECTION FIVE HUNDRED TEN OF THIS ARTICLE.
  S 3. This act shall take effect immediately.