S T A T E   O F   N E W   Y O R K
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                                  6120

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2009
                               ___________

Introduced  by  M.  of  A.  HOOPER  --  Multi-Sponsored  by  -- M. of A.
  J. RIVERA -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  providing
  for a graduated license for youthful operators of motor vehicles

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

  Section 1. Subdivision 3 of section 501 of  the  vehicle  and  traffic
law,  as added by chapter 449 of the laws of 1989, the subdivision head-
ing and first undesignated paragraph as amended by chapter  173  of  the
laws  of  1990, subparagraph (ii) of paragraph (b) as amended by chapter
644 of the laws of 2002, is amended to read as follows:
  3. Restrictions on use of class DJ and class MJ licenses. A  class  DJ
or  class  MJ  license  shall  permit the holder to operate a vehicle in
accordance with the following restrictions:
  (a) in the counties of Nassau and Suffolk:
  (i) for the purpose of driving to and from  a  state-approved  cooper-
ative  work-study educational program, or to or from an approved program
for credit in a post-secondary institution, or to or  from  a  state-ap-
proved  registered  evening high school or while engaged in farm employ-
ment, or to or from an approved driver education course; or
  (ii) from five o'clock in the morning to [nine]  TEN  o'clock  in  the
evening,  to  and from a place of business where the holder is regularly
employed, or when accompanied  by  a  duly  licensed  parent,  guardian,
person  in  a  position  of  loco parentis, driver education teacher, or
driving school instructor.
  (b) in all other areas of the state, except for the city of New York:
  (i) from five o'clock in the morning to  [nine]  TEN  o'clock  in  the
evening; or
  (ii)  from  [nine]  TEN  o'clock in the evening to five o'clock in the
morning when going to or from school, or to or from a place of  business
where  the  holder  is  employed on a regularly scheduled basis, or when

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08758-01-9
              

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accompanied by a duly licensed parent, guardian or one in a position  of
loco parentis to the licensee.
  (c) in the city of New York, driving shall be prohibited.
  (d)  for the purpose of this subdivision, the term "school" shall mean
instruction, education or training licensed or approved by a  department
or  agency of the state or training conducted by the armed forces of the
United States except it shall not include extra-curricular activities or
social events for which scholastic credits are not given.
  (e) any person operating a motor vehicle to or from school  or  to  or
from  a place of business as authorized by this subdivision must possess
documentation signed  by  such  person's  instructor  or  employer.  The
commissioner  shall,  by  regulation,  prescribe the form and content of
such documentation.
  (F) DURING THE FIRST SIX  MONTHS  IN  WHICH  A  PERSON  HOLDS  SUCH  A
LICENSE,  HE  OR  SHE  MAY  NOT TRANSPORT ANY PASSENGER LESS THAN TWENTY
YEARS OF AGE.
  S 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle  and
traffic  law, as added by chapter 173 of the laws of 1990, is amended to
read as follows:
  (c) An applicant for a class D or M license shall be at least eighteen
years of age[, except that an  application  shall  be  accepted  if  the
applicant  is  at  least  seventeen  years of age and submits acceptable
proof of successful completion of a driver education course, approved by
the state education department and the commissioner].
  S 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
traffic  law,  as amended by chapter 585 of the laws of 2002, is amended
to read as follows:
  (b) Upon successful completion of the requirements set forth in  para-
graph  (a)  of  this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of  this
subdivision and a "Work Zone Safety" awareness component as described in
paragraph  (c-2)  of  this subdivision, the commissioner shall cause the
applicant to take a road test in a  representative  vehicle  of  a  type
prescribed by the commissioner which shall be appropriate to the type of
license  for which application is made, except that the commissioner may
waive the road test requirements for certain classes of applicants.   AN
APPLICANT  LESS  THAN  EIGHTEEN YEARS OF AGE AT THE TIME OF RECEIPT OF A
LEARNER'S PERMIT MAY NOT TAKE A ROAD TEST UNTIL SUCH APPLICANT HAS  HELD
SUCH  LEARNER'S  PERMIT  CONTINUOUSLY  FOR  A  PERIOD OF NINE MONTHS. AN
APPLICANT LESS THAN EIGHTEEN YEARS OF AGE  MAY  NOT  TAKE  A  ROAD  TEST
UNLESS   THE  APPLICANT'S  PARENT  OR  GUARDIAN  CERTIFIES,  ON  A  FORM
PRESCRIBED THEREFOR BY THE COMMISSIONER, THAT THE APPLICANT HAS AT LEAST
SEVENTY-FIVE HOURS OF EXPERIENCE OPERATING A  MOTOR  VEHICLE,  AT  LEAST
FIFTEEN  OF  WHICH MUST HAVE TAKEN PLACE AFTER SUNDOWN. The commissioner
shall have the power to establish a program to allow persons other  than
employees  of  the  department  to  conduct road tests in representative
vehicles when such tests are required for applicants to obtain  a  class
A,  B  or C license.  If HE OR she chooses to do so, HE OR she shall set
forth HIS OR her reasons in writing and conduct a public hearing on  the
matter.  [She] HE OR SHE shall only establish such a program after hold-
ing the public hearing.
  S 4. Subdivision 1 of section 507 of the vehicle and traffic  law,  as
amended  by  chapter  173  of  the  laws  of 1990, is amended to read as
follows:

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  1. Driver education.  [Notwithstanding any other  provisions  of  this
article,  a class D or class M license, whichever is appropriate, may be
issued to a minor seventeen years of age who has successfully  completed
a]  A driver education course approved by the state education department
and the commissioner in a high school or college MAY BE CONDUCTED PURSU-
ANT  TO  THE  PROVISIONS OF THIS SUBDIVISION.   No such driver education
course may be approved unless classroom training is provided by a person
approved by the state education department and the commissioner.  Howev-
er,  a  school  district may contract with one or more licensed drivers'
schools to provide behind the wheel training,  pursuant  to  regulations
promulgated  by  the commissioner. [The commissioner shall prescribe the
requirements for licensing of such minors.] A student enrolled  in  such
an  approved driver education course may operate a motor vehicle without
holding a driver's license or a learner's permit while under the immedi-
ate supervision of an instructor in such course  or  a  driver's  school
instructor  providing  behind  the  wheel  training  in  such  a course,
provided such operation is in accordance with the rules  established  by
the  commissioner. [Every student who successfully completes such course
in a day, evening or summer  school  program  offered  by  a  public  or
private  school  shall  receive  certification  of  such completion on a
certificate prescribed by the commissioner.]
  S 5. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law. Effective immediately
the commissioner of motor vehicles is authorized to promulgate  any  and
all  rules  and  regulations  and  take  any other measures necessary to
implement this act on its effective date on or before such date.