senate Bill S1419

Relates to notice upon conviction for certain violations of right to withdraw consent

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 06 / Feb / 2012
    • 1ST REPORT CAL.171
  • 07 / Feb / 2012
    • 2ND REPORT CAL.
  • 13 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2012
    • PASSED SENATE
  • 05 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2012
    • REFERRED TO TRANSPORTATION

Summary

Relates to notice upon conviction for certain violations of right to withdraw consent.

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Bill Details

Versions:
S1419
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง514, V & T L

Sponsor Memo

BILL NUMBER:S1419

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to notice to guardians
of minors holding learner's permits or junior licenses, upon conviction
for certain violations, of their right to withdraw consent

PURPOSE:
To provide parents or guardians with notification of their child's
conviction of a serious traffic infraction which resulted in a
suspension of their driving privileges, as well as notification of a
parent or guardian's right to withdraw their consent to issue or
reissue their license or learner's permit.

SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 5 of Section 514 of the Vehicle and
Traffic Law directing the trial court or clerk to, upon conviction
for a violation of the vehicle and traffic law, inform the parent or
guardian of their right to submit a form to DMV which allows them to
withdraw consent for the issuance or reissuance of a driver's license
or learner's permit.

Section 2 makes the effective date nine months after it becomes law.

EXISTING LAW:
Subdivision 2 of Section 502 of the Vehicle and Traffic Law requires
that an applicant for a class DJ or MJ license must submit written
consent to the issuance of such license by the applicant's parent or
guardian. Upon receipt of withdrawal of such consent, any class DJ or
MJ license, learner's permit or license application shall be canceled.

JUSTIFICATION:
Many parents are aware that they must sign a written consent form in
order for their child to secure a junior driver's license, however,
most parents are not aware that they may withdraw such consent at any
time while their child holds a learner's permit or junior license
simply by filling out a withdrawal of consent form with the
Department of Motor Vehicles. When a junior driver is convicted of a
serious traffic violation, it is critically important that parents
and guardians are made well aware that they may withdraw consent,
thus canceling their child's driving application.

Being convicted of a serious traffic violation as a holder of
learner's permit or junior license may indicate a lack of experience,
maturity or ability. Parents and guardians who are made aware of the
law allowing them to withdraw consent may choose to exercise this
right. Young drivers are those who are statistically most likely to
be involved in motor vehicle accidents and as such, this notification
may serve to reduce the number of accidents and curb teenage reckless
driving.

LEGISLATIVE HISTORY:
2007-2008: S.1091A - Passed Senate
2006: S.6558 - Passed Senate


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Nine months after it shall have become law.

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

                                  1419

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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  notice  to
  guardians of minors holding learner's permits or junior licenses, upon
  conviction for certain violations, of their right to withdraw consent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 514 of  the  vehicle  and  traffic
law,  as amended by chapter 1097 of the laws of 1971, is amended to read
as follows:
  [S] 5. Upon the conviction of any person under eighteen years  of  age
who  resides  within  the household of his parent or guardian, the trial
court  or  clerk  shall  forthwith  transmit  written  notice  of   such
conviction  to  the  parent  or  guardian of such minor person AND SHALL
PROVIDE SUCH PARENT OR GUARDIAN WITH A  SUMMARY  OF  THE  PROVISIONS  OF
PARAGRAPH  (D)  OF  SUBDIVISION  TWO OF SECTION FIVE HUNDRED TWO OF THIS
TITLE AUTHORIZING SUCH PARENT OR GUARDIAN TO WITHDRAW THEIR  CONSENT  TO
THE  ISSUANCE  OR  REISSUANCE  OF SUCH LICENSE OR LEARNER'S PERMIT. SUCH
NOTICE SHALL INFORM THE PARENT OR GUARDIAN OF  ANY  ACTION  TAKEN  AS  A
RESULT  OF  THE CONVICTION AND SHALL PROVIDE A FORM ON WHICH PARENTS MAY
NOTIFY THE  DEPARTMENT  OF  THEIR  INTENT  TO  WITHDRAW  THEIR  CONSENT;
provided,  however,  that transmittal of such notice of conviction shall
not be required in any case in  which  notice  of  arraignment  of  such
person upon the charge or charges of which convicted is required by, and
shall  have  been previously transmitted as provided in, subdivision two
of section eighteen hundred seven of this chapter.
  S 2. This act shall take effect nine months after it shall have become
a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05317-01-1

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