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Senate Bill S561

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S561 (ACTIVE) - Details

See Assembly Version of this Bill:
A7715
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง511, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S939, A6110
2013-2014: S1506, A3177
2015-2016: S735
2017-2018: S1188

2009-S561 (ACTIVE) - 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.

2009-S561 (ACTIVE) - Sponsor Memo

2009-S561 (ACTIVE) - Bill Text download pdf 

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

                                   561

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

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.
                                                           LBD04596-01-9

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