S T A T E O F N E W Y O R K
________________________________________________________________________
4885
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to establishing
a toll-free statewide hot-line and database for reporting aggressive
drivers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1225-d to read as follows:
S 1225-D. REPORTING AGGRESSIVE DRIVERS. 1. THE DEPARTMENT SHALL ESTAB-
LISH A TOLL-FREE STATEWIDE HOT-LINE TELEPHONE NUMBER FOR THE PURPOSE OF
PERMITTING MOTORISTS TO REPORT INCIDENTS OF AGGRESSIVE DRIVING OR OPERA-
TORS EXHIBITING SYMPTOMS OF "ROAD RAGE" AS DEFINED BY THE COMMISSIONER.
SUCH TOLL-FREE NUMBER SHALL BE USED BY PERSONS TO REPORT OBSERVATIONS OF
PERSONS OPERATING A MOTOR VEHICLE IN AN AGGRESSIVE AND UNSAFE MANNER WHO
MAY BE UNDER THE INFLUENCE OF "ROAD RAGE". UPON MAKING THE REPORT, SUCH
PERSON SHALL PROVIDE HIS OR HER NAME, ADDRESS, PHONE NUMBER AND LICENSE
PLATE NUMBER AND SHALL INDICATE WITH SPECIFICITY THEIR OBSERVATION
INCLUDING, BUT NOT LIMITED TO, THE LICENSE PLATE OF THE MOTOR VEHICLE
OBSERVED.
2. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A DATABASE ON OPERATORS
REPORTED TO THE HOT-LINE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
SUCH DATABASE SHALL BE MAINTAINED FOR EVIDENTIARY PURPOSES IN
PROCEEDINGS PURSUANT TO ARTICLE TWO-A OF THIS CHAPTER AND PURSUANT TO
SUBDIVISION THREE OF THIS SECTION.
3. THE DEPARTMENT SHALL ISSUE A MAILED NOTICE AND WARNING TO ANY OPER-
ATOR ABOUT WHOM FIVE SEPARATE COMPLAINTS HAVE BEEN REPORTED THROUGH THE
HOT-LINE. IF SUCH OPERATOR IS REPORTED FOR FIVE SUBSEQUENT OFFENSES, THE
DEPARTMENT SHALL ISSUE A TRAFFIC INFRACTION TO SUCH OPERATOR SUBJECT TO
A FINE OF TWO HUNDRED DOLLARS; PROVIDED, HOWEVER, IF THE OPERATOR IS
ABLE TO REBUT THE CHARGE THAT SUCH OPERATOR WAS NOT ENGAGED IN AGGRES-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08051-01-9
A. 4885 2
SIVE DRIVING OR UNDER THE INFLUENCE OF "ROAD RAGE" OR WAS NOT THE PERSON
OPERATING THE MOTOR VEHICLE IN AT LEAST FIVE OF THE REPORTED INCIDENTS,
THIS SHALL BE VALID DEFENSE.
4. THE COMMISSIONER IS CHARGED WITH THE RESPONSIBILITY FOR DEFINING
THE TERMS AGGRESSIVE DRIVING AND "ROAD RAGE", AS USED IN THIS SECTION,
IN CONSULTATION WITH LAW ENFORCEMENT PERSONNEL, MEDICAL PROFESSIONALS,
REPRESENTATIVES OF THE COURT SYSTEM, HIGHWAY SAFETY OFFICIALS, AND ANY
OTHER GROUP THAT THE COMMISSIONER BELIEVES CAN CONTRIBUTE TO A COMPRE-
HENSIVE STATEMENT OF THE ISSUE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.