S T A T E O F N E W Y O R K
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3619--A
Cal. No. 569
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- reported
favorably from said committee and committed to the Committee on Codes
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to the gradu-
ated licensing program; to repeal section 503-a of such law relating
thereto; and providing for the repeal of certain provisions upon expi-
ration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 501 of the vehicle and traffic
law, as amended by chapter 644 of the laws of 2002, is amended to read
as follows:
4. Probationary licenses. Any driver's license, other than a class DJ
and class MJ license [or limited class DJ and MJ license], shall be
considered probationary until the expiration of six months following the
date of issuance thereof, and thereafter as provided in section five
hundred ten-b of this title, but this subdivision shall not apply to
renewals of a license, or, unless so provided by the commissioner, to a
license for which a road test has been waived by the commissioner.
S 2. Paragraphs (c) and (d) of subdivision 1 of section 501-b of the
vehicle and traffic law, as added by chapter 644 of the laws of 2002,
are amended to read as follows:
(c) operate a motor vehicle with more than [two passengers] ONE
PASSENGER who [are] IS under the age of twenty-one and who [are] IS not
[members] A MEMBER of such holder's immediate family, provided, however,
that the provisions of this [subparagraph] PARAGRAPH shall not apply
when such holder is accompanied by a duly licensed parent, guardian,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09379-10-9
S. 3619--A 2
person in a position of loco parentis, driver education teacher or driv-
ing school instructor;
(d) be eligible for issuance of a class DJ [or], MJ, D OR M license
unless such permit [and/or limited class DJ or MJ license issued pursu-
ant to section five hundred three-a of this article, singly or in combi-
nation, have] HAS been valid for at least six months. Any time period in
which such class DJ or MJ learner's permit [or limited class DJ or MJ
license] has been suspended or revoked shall not be counted in determin-
ing the length of time that such learner's permit [or limited license]
has been valid.
S 3. Paragraph (b) of subdivision 2 of section 501-b of the vehicle
and traffic law, as added by chapter 644 of the laws of 2002, is amended
to read as follows:
(b) with more than [two passengers] ONE PASSENGER who [are] IS under
the age of twenty-one and who [are] IS not [members] A MEMBER of such
holder's immediate family, provided, however, that the provisions of
this [subparagraph] PARAGRAPH shall not apply when such holder is accom-
panied by a duly licensed parent, guardian, person in a position of loco
parentis, driver education teacher or driving school instructor.
S 4. The vehicle and traffic law is amended by adding a new section
1225-d to read as follows:
S 1225-D. USE OF PORTABLE ELECTRONIC DEVICES. 1. EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE
USING ANY PORTABLE ELECTRONIC DEVICE WHILE SUCH VEHICLE IS IN MOTION.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "PORTABLE ELECTRONIC DEVICE" SHALL MEAN ANY HAND-HELD MOBILE TELE-
PHONE, AS DEFINED BY SUBDIVISION ONE OF SECTION TWELVE HUNDRED
TWENTY-FIVE-C OF THIS ARTICLE, PERSONAL DIGITAL ASSISTANT (PDA),
HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUTER, PAGER, BROAD-
BAND PERSONAL COMMUNICATION DEVICE, TWO-WAY MESSAGING DEVICE, ELECTRONIC
GAME, OR PORTABLE COMPUTING DEVICE.
(B) "USING" SHALL MEAN HOLDING A PORTABLE ELECTRONIC DEVICE WHILE
VIEWING, TAKING OR TRANSMITTING IMAGES, PLAYING GAMES, OR COMPOSING,
SENDING, READING, VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR
RETRIEVING E-MAIL, TEXT MESSAGES, OR OTHER ELECTRONIC DATA.
3. SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO (A) THE USE OF A
PORTABLE ELECTRONIC DEVICE FOR THE SOLE PURPOSE OF COMMUNICATING WITH
ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION: AN EMERGENCY
RESPONSE OPERATOR; A HOSPITAL; A PHYSICIAN'S OFFICE OR HEALTH CLINIC; AN
AMBULANCE COMPANY OR CORPS; A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR A
POLICE DEPARTMENT, (B) ANY OF THE FOLLOWING PERSONS WHILE IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES: A POLICE OFFICER OR PEACE OFFICER;
A MEMBER OF A FIRE DEPARTMENT, DISTRICT OR COMPANY; OR THE OPERATOR OF
AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ONE OF
THIS CHAPTER.
4. A PERSON WHO HOLDS A PORTABLE ELECTRONIC DEVICE IN A CONSPICUOUS
MANNER WHILE OPERATING A MOTOR VEHICLE IS PRESUMED TO BE USING SUCH
DEVICE. THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION IS REBUTTABLE BY
EVIDENCE SHOWING THAT THE OPERATOR WAS NOT USING THE DEVICE WITHIN THE
MEANING OF THIS SECTION.
5. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING THE SEIZURE OR FORFEITURE OF A PORTABLE ELECTRONIC DEVICE, UNLESS
OTHERWISE PROVIDED BY LAW.
6. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND SHALL
BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED FIFTY DOLLARS.
S. 3619--A 3
PROVIDED, HOWEVER, THAT A SUMMONS FOR OPERATING A MOTOR VEHICLE IN
VIOLATION OF THIS SECTION SHALL ONLY BE ISSUED WHEN THERE IS REASONABLE
CAUSE TO BELIEVE THAT THE PERSON OPERATING SUCH MOTOR VEHICLE HAS
COMMITTED A VIOLATION OF THE LAWS OF THIS STATE OTHER THAN A VIOLATION
OF THIS SECTION.
S 5. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
traffic law, as amended by chapter 644 of the laws of 2002, is amended
to read as follows:
(d) An applicant for a class DJ or MJ license shall be at least
sixteen years of age and such applicant 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 cancelled. No class DJ
or MJ license [or limited class DJ or MJ license] shall be issued unless
the applicant presents, at the time of the road test administered pursu-
ant to paragraph (b) of subdivision four of THIS section [five hundred
two of this article], a written certification by the applicant's parent
or guardian that such applicant has operated a motor vehicle for no less
than [twenty] FIFTY hours, AT LEAST FIFTEEN HOURS OF WHICH SHALL BE
AFTER SUNSET, under the immediate supervision of a person as authorized
pursuant to subparagraph (ii) of paragraph (a) or paragraph (b) of
subdivision five of section five hundred one of this article, a driver
education teacher pursuant to section eight hundred six-a of the educa-
tion law or a driving school instructor pursuant to subdivision seven-a
of section three hundred ninety-four of this chapter.
S 6. Section 503-a of the vehicle and traffic law is REPEALED.
S 7. Subdivision 3 of section 509 of the vehicle and traffic law, as
added by chapter 780 of the laws of 1972, is amended to read as follows:
3. Whenever a PERMIT OR license is required to operate a motor vehi-
cle, no person shall operate any motor vehicle in violation of any
restriction contained on [his], OR APPLICABLE TO, THE PERMIT OR license.
S 8. Subdivisions 1, 2 and 3 of section 510-b of the vehicle and traf-
fic law, as amended by chapter 644 of the laws of 2002, are amended to
read as follows:
1. A license, other than a class DJ or class MJ license [or a limited
class DJ or class MJ license], shall be suspended, for a period of sixty
days, (i) upon the first conviction of the licensee of a violation,
committed during the probationary period provided for in subdivision
four of section five hundred one of this title, of any provision of
section eleven hundred twenty-nine of this chapter, section eleven
hundred eighty of this chapter or any ordinance or regulation limiting
the speed of motor vehicles and motorcycles, section eleven hundred
eighty-two of this chapter, or subdivision one of section eleven hundred
ninety-two of this chapter or section twelve hundred twelve of this
chapter; or (ii) upon the second conviction of the licensee of a
violation, committed during the aforesaid probationary period, of any
other provision of this chapter or of any other law, ordinance, order,
rule or regulation relating to traffic.
2. A license, other than a class DJ or class MJ license [or a limited
class DJ or class MJ license], considered probationary pursuant to
subdivision three of this section shall be revoked upon the conviction
of the licensee of a violation or violations committed within six months
following the restoration or issuance of such license, which conviction
or convictions would result in the suspension of a probationary license
pursuant to subdivision one of this section.
S. 3619--A 4
3. Any license, other than a class DJ or class MJ license [or a limit-
ed class DJ or class MJ license], which is restored or issued to a
person who has had his last valid license suspended or revoked pursuant
to the provisions of this section shall be considered probationary until
the expiration of six months following the date of restoration or issu-
ance thereof.
S 9. Section 510-c of the vehicle and traffic law, as added by chapter
644 of the laws of 2002, is amended to read as follows:
S 510-c. Suspension and revocation of [certain] LEARNER'S PERMITS AND
DRIVER'S LICENSES FOR VIOLATIONS COMMITTED BY HOLDERS OF class DJ or
class MJ learner's permits or [driver's] licenses. 1. (a) A [class DJ or
class MJ] learner's permit OR A DRIVER'S LICENSE shall be suspended for
a period of sixty days:
(i) upon a conviction or finding of a serious traffic violation as
defined in subdivision [four] TWO of this section, WHEN SUCH VIOLATION
WAS committed while the holder had a class DJ or class MJ learner's
permit OR A CLASS DJ OR MJ LICENSE; or
(ii) upon the second conviction or finding of such PERMIT OR LICENSE
holder of a violation of any other provision of this chapter or any
other law, ordinance, order, rule or regulation relating to traffic, AND
WHEN SUCH VIOLATION WAS committed while such holder had [such] A CLASS
DJ OR CLASS MJ learner's permit OR A CLASS DJ OR MJ LICENSE.
(b) A [class DJ or class MJ] learner's permit OR A DRIVER'S LICENSE
shall be revoked for a period of sixty days upon the conviction or find-
ing of the PERMIT OR LICENSE holder of a violation or violations,
committed within six months after the restoration of [a class DJ or
class MJ learner's] SUCH permit OR LICENSE suspended pursuant to para-
graph (a) of this subdivision, which convictions or findings would
result in the suspension of such permit OR LICENSE pursuant to paragraph
(a) of this subdivision.
2. [(a) A class DJ or class MJ driver's license or limited class DJ or
class MJ license shall be suspended, for a period of sixty days:
(i) upon a conviction or finding of a serious traffic violation as
defined in subdivision four of this section, committed while the holder
had such license; or
(ii) upon the second conviction or finding of the holder of a
violation of any other provision of this chapter or any other law, ordi-
nance, order, rule or regulation relating to traffic, committed while
such holder had such license.
(b) A class DJ or class MJ driver's license or a limited class DJ or
class MJ license shall be revoked for a period of sixty days upon the
conviction or finding of the holder of a violation or violations,
committed within six months either after the restoration of such driv-
er's license suspended pursuant to paragraph (a) of this subdivision or
after the restoration of a learner's permit suspended or revoked pursu-
ant to subdivision one of this section, which convictions or findings
would result in the suspension of such license pursuant to paragraph (a)
of this subdivision.
3. A driver's license which has been restored following a suspension
of a class DJ or class MJ driver's license or a limited class DJ or
class MJ license pursuant to subdivision two of this section shall be
revoked for a period of sixty days upon the conviction or finding, with-
in six months of such restoration, of any violation or violations which
would result in the suspension of a class DJ or class MJ driver's
license or a limited class DJ or class MJ license pursuant to paragraph
(a) of subdivision two of this section.
S. 3619--A 5
4.] For purposes of this section, the term "serious traffic violation"
shall mean operating a motor vehicle in violation of any of the follow-
ing provisions of this chapter: articles twenty-five and twenty-six;
subdivision one of section six hundred; section six hundred one;
sections eleven hundred eleven, eleven hundred seventy, eleven hundred
seventy-two and eleven hundred seventy-four; subdivisions (a), (b), (c),
(d) and (f) of section eleven hundred eighty, provided that the
violation involved ten or more miles per hour over the established
limit; section eleven hundred eighty-two; subdivision three-a of section
twelve hundred twenty-nine-c for violations involving use of safety
belts or seats by a child under the age of sixteen; and section twelve
hundred twelve of this chapter.
S 10. Subdivision 3-a of section 1229-c of the vehicle and traffic
law, as added by chapter 644 of the laws of 2002, is amended to read as
follows:
3-a. No person holding a class DJ learner's permit or class DJ license
issued pursuant to section five hundred two of this chapter, [or a
limited class DJ or MJ license issued pursuant to section five hundred
three-a of this chapter,] shall operate a motor vehicle in this state
unless such person is restrained by a safety belt approved by the
commissioner, and all passengers under the age of four are restrained in
a specially designed seat which meets the federal motor vehicle safety
standards set forth in 49 C.F.R. 571.213 and which is either permanently
affixed or is affixed to such vehicle by a safety belt and, in the case
of any other passenger under the age of sixteen, he or she is restrained
by a safety belt approved by the commissioner. No person sixteen years
of age or over shall be a passenger in a motor vehicle operated by a
person holding a class DJ learner's permit, a class DJ license or a
limited class DJ license unless such passenger is restrained by a safety
belt approved by the commissioner.
S 11. Except as otherwise provided in section twelve of this act, no
municipal corporation, as defined in section 2 of the general municipal
law, shall, after June 10, 2009, enact any local law, ordinance or code
relating to the operation of a motor vehicle while using a portable
electronic device unless the terms of such law, ordinance or code are
identical to section 1225-d of the vehicle and traffic law, as added by
section four of this act. The provisions of this act shall invalidate
and preempt any such local law, ordinance or code, enacted after June
10, 2009, unless the terms of such law, ordinance or code are identical
to section 1225-d of the vehicle and traffic law, as added by section
four of this act.
S 12. The provisions of this act shall preempt any local law, ordi-
nance, code, rule or regulation relating to the operation of a motor
vehicle while using a portable electronic device, except that nothing in
this act shall preclude any state or local agency, which, by permit,
license or registration regulates the business or professional activ-
ities of individuals from imposing more stringent restrictions than
provided in this act for the use of portable electronic devices upon
such individuals during the course of engaging in the business or
professional activity that is the subject of such agency's permit,
license or registration.
S 13. The commissioner of motor vehicles, in consultation with the
superintendent of the state police, shall study the effects of the use
of portable electronic devices and similar equipment in conjunction with
the operation of a motor vehicle, and the effects of other forms of
driver inattention and distraction, on highway and traffic safety, and
S. 3619--A 6
shall submit a report of his or her findings to the governor, the tempo-
rary president of the senate, the speaker of the assembly, and the
chairs of the transportation committees of the senate and the assembly,
not later than 4 years from the effective date of this act. Such report
shall include, but not be limited to:
1. an examination of motor vehicle accident, fatality and injury
statistics relating to the use of portable electronic devices and simi-
lar equipment while operating a motor vehicle;
2. an examination of motor vehicle accident, fatality and injury
statistics relating to other forms of driver inattention and
distraction;
3. a review and analysis of studies examining the effects of the use
of portable electronic devices or similar equipment on highway and traf-
fic safety;
4. a review and analysis of studies and statistics relating to other
types of driver inattention and distraction which affect highway and
traffic safety; and
5. recommendations for improving highway and traffic safety and reduc-
ing motor vehicle accidents, if any, related to driver inattention and
distraction.
S 14. This act shall take effect immediately; provided, however, that:
(a) sections one, two, three, five, six, eight, nine and ten 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.
