senate Bill S1506

Provides that the offense of operating a motor vehicle with a suspended driver's license may be enforceable in a parking lot

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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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 21 / May / 2013
    • 1ST REPORT CAL.680
  • 22 / May / 2013
    • 2ND REPORT CAL.
  • 23 / May / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 25 / Mar / 2014
    • 1ST REPORT CAL.347
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 07 / May / 2014
    • PASSED SENATE
  • 07 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2014
    • REFERRED TO CODES

Summary

Provides that the offense of operating a motor vehicle with a suspended driver's license may be enforceable for operating a motor vehicle in a parking lot; defines the term "parking lot" as any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles; excludes parking areas for one and two family residences.

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Bill Details

See Assembly Version of this Bill:
A3177
Versions:
S1506
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง511, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S939, A6110
2009-2010: S561, A7715
2007-2008: A7320

Sponsor Memo

BILL NUMBER:S1506

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the enforcement of
the offense of operating a motor vehicle with a suspended license when
such operation occurs in a parking lot

PURPOSE: To amend a current anomaly in the vehicle
and traffic law and
provide for the enforcement of operating a motor vehicle with a
suspended license in a parking lot.

SUMMARY OF PROVISIONS: This bill amends Section 511
of the Vehicle and
Traffic Law by striking the stipulation, "upon a public highway" from
paragraph (a) of subdivision 1 of Section 511. It also adds a new
subdivision 8 which makes enforcement of the operation of a motor
vehicle while a license is suspended or revoked an enforceable
offense when such motor vehicle operation takes place on private
roads open to motor vehicle traffic or a parking lot. A parking lot
is defined as any area or areas of private property. including a
driveway, near or contiguous to and provided in connection with
premises and used as a means of access to and egress from a public
highway to such premises and having a capacity for the parking of
four or more motor vehicles.

JUSTIFICATION: Currently, the "parking lot as a
public highway"
interpretation of the vehicle and traffic law is only applicable to
Section 1192 of the Vehicle and Traffic Law, which pertains to DWI
related offenses. This means that a driver with a suspended license
could become involved in a serious accident in a parking lot, yet
face no legal ramifications for their actions.

LEGISLATIVE HISTORY: 1999-2008: Passed Senate;
2009-10: Senate
Transportation Committee; 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the
first day of
November next succeeding the date on which it shall have become a law.

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

                                  1506

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 enforce-
  ment of the offense of operating a  motor  vehicle  with  a  suspended
  license when such operation occurs in a parking lot

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

  Section 1. Paragraph (a) of subdivision 1 of section 511 of the  vehi-
cle  and  traffic law, as amended by chapter 173 of the laws of 1990, is
amended to read as follows:
  (a) A person is guilty of the offense of aggravated unlicensed  opera-
tion  of a motor vehicle in the third degree when such person operates a
motor vehicle [upon a public highway] while knowing or having reason  to
know  that  such  person's  license or privilege of operating such motor
vehicle in this state or privilege of obtaining  a  license  to  operate
such  motor  vehicle issued by the commissioner is suspended, revoked or
otherwise withdrawn by the commissioner.
  S 2. Section 511 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
  8. WHERE APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL  APPLY  UPON
PUBLIC  HIGHWAYS,  PRIVATE  ROADS  OPEN TO MOTOR VEHICLE TRAFFIC AND ANY
OTHER PARKING LOT. FOR THE PURPOSES OF THIS SECTION "PARKING LOT"  SHALL
MEAN  ANY  AREA OR AREAS OF PRIVATE PROPERTY, INCLUDING A DRIVEWAY, NEAR
OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES AND USED AS  A
MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO SUCH PREMISES AND
HAVING  A  CAPACITY  FOR THE PARKING OF FOUR OR MORE MOTOR VEHICLES. THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AREA  OR  AREAS  OF
PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY ON WHICH IS SITUATED
A ONE OR TWO FAMILY RESIDENCE.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03258-01-3

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