A. 9124 2
that the defendant attend and complete the alcohol and drug rehabili-
tation program established pursuant to section eleven hundred ninety-six
of this article, including any assessment and treatment required there-
by; provided, however, that such requirement may be waived by the court
upon application of the district attorney or the defendant demonstrating
that the defendant, as a condition of the plea, has been required to
enter into and complete an alcohol or drug treatment program prescribed
pursuant to an alcohol or substance abuse screening or assessment
conducted pursuant to section eleven hundred ninety-eight-a of this
article or for other good cause shown. The provisions of this paragraph
shall apply, notwithstanding any bars to participation in the alcohol
and drug rehabilitation program set forth in section eleven hundred
ninety-six of this article; provided, however, that nothing in this
paragraph shall authorize the issuance of a conditional license unless
otherwise authorized by law.
S 3. Subdivision 12 of section 1192 of the vehicle and traffic law, as
amended by chapter 732 of the laws of 2006, is amended to read as
follows:
12. Driving while intoxicated or while ability impaired by drugs--ser-
ious physical injury or death. In every case where a person is charged
with a violation of subdivision two, two-a, TWO-B, three, four or four-a
of this section, the law enforcement officer alleging such charge shall
make a clear notation in the "Description of Violation" section of a
simplified traffic information if, arising out of the same incident,
someone other than the person charged was killed or suffered serious
physical injury as defined in section 10.00 of the penal law; such nota-
tion shall be in the form of a "D" if someone other than the person
charged was killed and such notation shall be in the form of a "S.P.I."
if someone other than the person charged suffered serious physical inju-
ry; provided, however, that the failure to make such notation shall in
no way affect a charge for a violation of subdivision two, two-a, TWO-B,
three, four or four-a of this section.
S 4. Paragraphs (b), (c) and (d) of subdivision 1 of section 1193 of
the vehicle and traffic law, paragraph (b) as amended by chapter 669 of
the laws of 2007, paragraphs (c) and (d) as amended by chapter 732 of
the laws of 2006, and subparagraphs (i) and (ii) of paragraph (c) as
amended by chapter 345 of the laws of 2007, are amended to read as
follows:
(b) Driving while intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; DRIVING
WHILE INTOXICATED IN A POSITION OF CARE; misdemeanor offenses. A
violation of subdivision two, three, four or four-a of section eleven
hundred ninety-two of this article shall be a misdemeanor and shall be
punishable by a fine of not less than five hundred dollars nor more than
one thousand dollars, or by imprisonment in a penitentiary or county
jail for not more than one year, or by both such fine and imprisonment.
A violation of subdivision two-a OR TWO-B of section eleven hundred
ninety-two of this article shall be a misdemeanor and shall be punisha-
ble by a fine of not less than one thousand dollars nor more than two
thousand five hundred dollars or by imprisonment in a penitentiary or
county jail for not more than one year, or by both such fine and impri-
sonment. In addition to the imposition of any fine or period of impri-
sonment set forth in this paragraph, the court shall require that any
person who has been convicted of a violation of subdivision two-a OR
TWO-B of section eleven hundred ninety-two of this article and who is
A. 9124 3
sentenced to a period of probation, to install and maintain, as a condi-
tion of such probation and in accordance with section eleven hundred
ninety-eight of this article, a functioning ignition interlock device in
any vehicle owned or operated by the person during the term of such
probation; provided, however, the court may not authorize the operation
of a motor vehicle by any person whose license or privilege to operate a
motor vehicle has been revoked pursuant to the provisions of this
section.
(c) Felony offenses. (i) A person who operates a vehicle in violation
of subdivision two, two-a, TWO-B, three, four or four-a of section elev-
en hundred ninety-two of this article after having been convicted of a
violation of subdivision two, two-a, TWO-B, three, four or four-a of
such section or of vehicular assault in the second or first degree, as
defined, respectively, in sections 120.03 and 120.04 and aggravated
vehicular assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in the second or first degree, as defined,
respectively, in sections 125.12 and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the preceding
ten years, shall be guilty of a class E felony, and shall be punished by
a fine of not less than one thousand dollars nor more than five thousand
dollars or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
two-a, TWO-B, three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation of subdivi-
sion two, two-a, TWO-B, three, four or four-a of such section or of
vehicular assault in the second or first degree, as defined, respective-
ly, in sections 120.03 and 120.04 and aggravated vehicular assault as
defined in section 120.04-a of the penal law or of vehicular manslaught-
er in the second or first degree, as defined, respectively, in sections
125.12 and 125.13 and aggravated vehicular homicide as defined in
section 125.14 of such law, twice within the preceding ten years, shall
be guilty of a class D felony, and shall be punished by a fine of not
less than two thousand dollars nor more than ten thousand dollars or by
a period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(d) Alcohol or drug related offenses; special vehicles. (1) Except as
provided in subparagraph four of this paragraph, a violation of subdivi-
sion one, two, three, four or four-a of section eleven hundred ninety-
two of this article wherein the violator is operating a taxicab as
defined in section one hundred forty-eight-a of this chapter, or livery
as defined in section one hundred twenty-one-e of this chapter, and such
taxicab or livery is carrying a passenger for compensation, or a truck
with a GVWR of more than eighteen thousand pounds but not more than
twenty-six thousand pounds and which is not a commercial motor vehicle
shall be a misdemeanor punishable by a fine of not less than five
hundred dollars nor more than fifteen hundred dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment. A violation of subdivision two-a OR TWO-B of section elev-
en hundred ninety-two of this article wherein the violator is operating
a taxicab as defined in section one hundred forty-eight-a of this chap-
ter, or livery as defined in section one hundred twenty-one-e of this
chapter, and such taxicab or livery is carrying a passenger for compen-
sation, or a truck with a GVWR of more than eighteen thousand pounds but
not more than twenty-six thousand pounds and which is not a commercial
motor vehicle shall be a class E felony punishable by a fine of not less
A. 9124 4
than one thousand dollars nor more than five thousand dollars or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(1-a) A violation of subdivision one of section eleven hundred nine-
ty-two of this article wherein the violator is operating a school bus as
defined in section one hundred forty-two of this chapter and such school
bus is carrying at least one student passenger shall be a misdemeanor
punishable by a fine of not less than five hundred dollars nor more than
fifteen hundred dollars or by a period of imprisonment as provided in
the penal law, or by both such fine and imprisonment.
(2) A violation of subdivision five of section eleven hundred ninety-
two of this article shall be a traffic infraction punishable as provided
in paragraph (a) of this subdivision. Except as provided in subparagraph
three or five of this paragraph, a violation of subdivision one, two,
three, four, four-a or six of section eleven hundred ninety-two of this
article wherein the violator is operating a commercial motor vehicle, or
any motor vehicle registered or registerable under schedule F of subdi-
vision seven of section four hundred one of this chapter shall be a
misdemeanor. A violation of subdivision one, two, three, four or four-a
of section eleven hundred ninety-two of this article shall be punishable
by a fine of not less than five hundred dollars nor more than fifteen
hundred dollars or by a period of imprisonment as provided in the penal
law, or by both such fine and imprisonment. A violation of subdivision
six of section eleven hundred ninety-two of this article shall be
punishable by a fine of not less than five hundred dollars nor more than
fifteen hundred dollars or by a period of imprisonment not to exceed one
hundred eighty days, or by both such fine and imprisonment. A person who
operates any such vehicle in violation of such subdivision six after
having been convicted of a violation of subdivision one, two, two-a,
TWO-B, three, four, four-a or six of section eleven hundred ninety-two
of this article within the preceding five years shall be punishable by a
fine of not less than five hundred dollars nor more than fifteen hundred
dollars or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment. A violation of subdivision two-a OR
TWO-B of section eleven hundred ninety-two of this article wherein the
violator is operating a commercial motor vehicle, or any motor vehicle
registered or registerable under schedule F of subdivision seven of
section four hundred one of this chapter shall be a class E felony
punishable by a fine of not less than one thousand dollars nor more than
five thousand dollars or by a period of imprisonment as provided in the
penal law, or by both such fine and imprisonment.
(3) A violation of subdivision one of section eleven hundred ninety-
two of this article wherein the violator is operating a motor vehicle
with a gross vehicle weight rating of more than eighteen thousand pounds
which contains flammable gas, radioactive materials or explosives shall
be a misdemeanor punishable by a fine of not less than five hundred
dollars nor more than fifteen hundred dollars or by a period of impri-
sonment as provided in the penal law, or by both such fine and imprison-
ment.
(4) (i) A person who operates a vehicle in violation of subdivision
one, two, two-a, TWO-B, three, four or four-a of section eleven hundred
ninety-two of this article and which is punishable as provided in
subparagraph one, one-a, two or three of this paragraph after having
been convicted of a violation of any such subdivision of section eleven
hundred ninety-two of this article and penalized under subparagraph one,
one-a, two or three of this paragraph within the preceding ten years,
A. 9124 5
shall be guilty of a class E felony, which shall be punishable by a fine
of not less than one thousand dollars nor more than five thousand
dollars, or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment. A person who operates a vehicle in
violation of subdivision six of section eleven hundred ninety-two of
this article after having been convicted of two or more violations of
subdivisions one, two, two-a, TWO-B, three, four, four-a or six of
section eleven hundred ninety-two of this article within the preceding
five years, any one of which was a misdemeanor, shall be guilty of a
class E felony, which shall be punishable by a fine of not less than one
thousand dollars nor more than five thousand dollars, or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment. In addition, any person sentenced pursuant to this subpar-
agraph shall be subject to the disqualification provided in subparagraph
three of paragraph (e) of subdivision two of this section.
(ii) A person who operates a vehicle in violation of subdivision one,
two, two-a, TWO-B, three, four or four-a of section eleven hundred nine-
ty-two of this article and which is punishable as provided in subpara-
graph one, one-a, two or three of this paragraph after having been
convicted of a violation of any such subdivision of section eleven
hundred ninety-two of this article and penalized under subparagraph one,
one-a, two or three of this paragraph twice within the preceding ten
years, shall be guilty of a class D felony, which shall be punishable by
a fine of not less than two thousand dollars nor more than ten thousand
dollars, or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment. A person who operates a vehicle in
violation of subdivision six of section eleven hundred ninety-two of
this article after having been convicted of three or more violations of
subdivisions one, two, two-a, TWO-B, three, four, four-a or six of
section eleven hundred ninety-two of this article within the preceding
five years, any one of which was a misdemeanor, shall be guilty of a
class D felony, which shall be punishable by a fine of not less than two
thousand dollars nor more than ten thousand dollars, or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment. In addition, any person sentenced pursuant to this subpar-
agraph shall be subject to the disqualification provided in subparagraph
three of paragraph (e) of subdivision two of this section.
(4-a) A violation of subdivision two, three, four or four-a of section
eleven hundred ninety-two of this article wherein the violator is oper-
ating a school bus as defined in section one hundred forty-two of this
chapter and such school bus is carrying at least one student passenger
shall be a class E felony punishable by a fine of not less than one
thousand dollars nor more than five thousand dollars, or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment. A violation of subdivision two-a of section eleven hundred
ninety-two of this article wherein the violator is operating a school
bus as defined in section one hundred forty-two of this chapter and such
school bus is carrying at least one student passenger shall be a class D
felony punishable by a fine of not less than two thousand dollars nor
more than ten thousand dollars, or by a period of imprisonment as
provided in the penal law, or by both such fine and imprisonment.
(5) A violation of subdivision two, three, four or four-a of section
eleven hundred ninety-two of this article wherein the violator is oper-
ating a motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds which contains flammable gas, radioactive mate-
rials or explosives, shall be a class E felony punishable by a fine of
A. 9124 6
not less than one thousand dollars and such other penalties as provided
for in the penal law; provided, however, that a conviction for such
violation shall not be considered a predicate felony pursuant to section
70.06 of such law, or a previous felony conviction pursuant to section
70.10 of such law. A violation of subdivision two-a OR TWO-B of section
eleven hundred ninety-two of this article wherein the violator is oper-
ating a motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds which contains flammable gas, radioactive mate-
rials or explosives, shall be a class D felony punishable by a fine of
not less than two thousand nor more than ten thousand dollars and such
other penalties as provided for in the penal law; provided, however,
that a conviction for such violation shall not be considered a predicate
felony pursuant to section 70.06 of such law, or a previous felony
conviction pursuant to section 70.10 of such law.
(6) The sentences required to be imposed by subparagraph one, one-a,
two, three, four, four-a or five of this paragraph shall be imposed
notwithstanding any contrary provision of this chapter or the penal law.
(7) Nothing contained in this paragraph shall prohibit the imposition
of a charge of any other felony set forth in this or any other provision
of law for any acts arising out of the same incident.
S 5. Subparagraphs 2 and 3 of paragraph (b) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, are amended to read as follows:
(2) Driving while intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; DRIVING
WHILE INTOXICATED WHILE IN A POSITION OF CARE. Six months, where the
holder is convicted of a violation of subdivision two, three, four or
four-a of section eleven hundred ninety-two of this article. One year
where the holder is convicted of a violation of subdivision two-a OR
TWO-B of section eleven hundred ninety-two of this article.
(3) Driving while intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; DRIVING
WHILE INTOXICATED WHILE IN A POSITION OF CARE; prior offense. One year,
where the holder is convicted of a violation of subdivision two, three,
four or four-a of section eleven hundred ninety-two of this article
committed within ten years of a conviction for a violation of subdivi-
sion two, three, four or four-a of section eleven hundred ninety-two of
this article. Eighteen months, where the holder is convicted of a
violation of subdivision two-a OR TWO-B of section eleven hundred nine-
ty-two of this article committed within ten years of a conviction for a
violation of subdivision two, two-a, TWO-B, three, four or four-a of
section eleven hundred ninety-two of this article; or where the holder
is convicted of a violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article committed within ten
years of a conviction for a violation of subdivision two-a OR TWO-B of
section eleven hundred ninety-two of this article.
S 6. Subparagraph 1 of paragraph (e) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
(1) Suspension pending prosecution; procedure. a. Without notice,
pending any prosecution, the court shall suspend such license, where the
holder has been charged with a violation of subdivision two, two-a,
TWO-B, three, four or four-a of section eleven hundred ninety-two of
this article and either (i) a violation of a felony under article one
A. 9124 7
hundred twenty or one hundred twenty-five of the penal law arising out
of the same incident, or (ii) has been convicted of any violation under
section eleven hundred ninety-two of this article within the preceding
five years.
b. The suspension under the preceding clause shall occur no later than
twenty days after the holder's first appearance before the court on the
charges or at the conclusion of all proceedings required for the
arraignment. In order for the court to impose such suspension it must
find that the accusatory instrument conforms to the requirements of
section 100.40 of the criminal procedure law and there exists reasonable
cause to believe that the holder operated a motor vehicle in violation
of subdivision two, two-a, TWO-B, three, four or four-a of section elev-
en hundred ninety-two of this article and either (i) the person had been
convicted of any violation under such section eleven hundred ninety-two
of this article within the preceding five years; or (ii) that the holder
committed a violation of a felony under article one hundred twenty or
one hundred twenty-five of the penal law. At such time the holder shall
be entitled to an opportunity to make a statement regarding the enumer-
ated issues and to present evidence tending to rebut the court's find-
ings. Where such suspension is imposed upon a pending charge of a
violation of a felony under article one hundred twenty or one hundred
twenty-five of the penal law and the holder has requested a hearing
pursuant to article one hundred eighty of the criminal procedure law,
the court shall conduct such hearing. If upon completion of the hearing,
the court fails to find that there is reasonable cause to believe that
the holder committed a felony under article one hundred twenty or one
hundred twenty-five of the penal law and the holder has not been previ-
ously convicted of any violation of section eleven hundred ninety-two of
this article within the preceding five years the court shall promptly
notify the commissioner and direct restoration of such license to the
license holder unless such license is suspended or revoked pursuant to
any other provision of this chapter.
S 7. Clause a of subparagraph 7 of paragraph (e) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, is amended to read as follows:
a. Except as provided in clause a-1 of this subparagraph, a court
shall suspend a driver's license, pending prosecution, of any person
charged with a violation of subdivision two, two-a, TWO-B, three or
four-a of section eleven hundred ninety-two of this article who, at the
time of arrest, is alleged to have had .08 of one percent or more by
weight of alcohol in such driver's blood as shown by chemical analysis
of blood, breath, urine or saliva, made pursuant to subdivision two or
three of section eleven hundred ninety-four of this article.
S 8. Clause a-1 of subparagraph 7 of paragraph (e) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, is amended to read as follows:
a-1. A court shall suspend a class DJ or MJ learner's permit or a
class DJ or MJ driver's license, pending prosecution, of any person who
has been charged with a violation of subdivision one, two, two-a, TWO-B
and/or three of section eleven hundred ninety-two of this article.
S 9. Paragraph (a) of subdivision 2 of section 1198 of the vehicle and
traffic law, as amended by chapter 669 of the laws of 2007, is amended
to read as follows:
(a) In addition to any other penalties prescribed by law, the court
may require that any person who has been convicted of a violation of
subdivision two, two-a, TWO-B or three of section eleven hundred nine-
A. 9124 8
ty-two of this article, or any crime defined by this chapter or the
penal law of which an alcohol-related violation of any provision of
section eleven hundred ninety-two of this article is an essential
element, and who has been sentenced to a period of probation, install
and maintain, as a condition of probation, a functioning ignition inter-
lock device in accordance with the provisions of this section; provided,
however, the court may not authorize the operation of a motor vehicle by
any person whose license or privilege to operate a motor vehicle has
been revoked except as provided [herein] IN THIS SECTION.
S 10. Paragraph (a) of subdivision 3 of section 1198 of the vehicle
and traffic law, as amended by chapter 669 of the laws of 2007, is
amended to read as follows:
(a) Notwithstanding any other provision of law, the commissioner may
grant a post-revocation conditional license, as set forth in paragraph
(b) of this subdivision, to a person who has been convicted of a
violation of subdivision two, two-a, TWO-B or three of section eleven
hundred ninety-two of this article and who has been sentenced to a peri-
od of probation, provided the person has satisfied the minimum period of
license revocation established by law and the commissioner has been
notified that such person may operate only a motor vehicle equipped with
a functioning ignition interlock device. No such request shall be made
nor shall such a license be granted, however, if such person has been
found by a court to have committed a violation of section five hundred
eleven of this chapter during the license revocation period or deemed by
a court to have violated any condition of probation set forth by the
court relating to the operation of a motor vehicle or the consumption of
alcohol. In exercising discretion relating to the issuance of a post-re-
vocation conditional license pursuant to this subdivision, the commis-
sioner shall not deny such issuance based solely upon the number of
convictions for violations of any subdivision of section eleven hundred
ninety-two of this article committed by such person within the ten years
prior to application for such license. Upon the termination of the peri-
od of probation set by the court, the person may apply to the commis-
sioner for restoration of a license or privilege to operate a motor
vehicle in accordance with this chapter.
S 11. Subdivision 2 of section 530 of the vehicle and traffic law, as
separately amended by chapters 571 and 732 of the laws of 2006, is
amended to read as follows:
(2) Such license or privilege shall not be issued to a person who,
within the four year period immediately preceding the date of applica-
tion, has been convicted within or without the state of homicide or
assault arising out of the operation of a motor vehicle, of criminally
negligent homicide or criminal negligence in the operation of a motor
vehicle resulting in death, or has been convicted within the state of a
violation of subdivision two of section six hundred of this chapter or
of reckless driving. Such license or privilege shall not be issued to a
person whose license or privilege, at the time of application, is
revoked pursuant to the provisions of subparagraph (x) or (xi) of para-
graph a of subdivision two of section five hundred ten of this chapter.
Such license or privilege shall not be issued to a person whose license
or privilege is suspended or revoked because of a conviction of a
violation of subdivision one, two, two-a, TWO-B, three, four or four-a
of section eleven hundred ninety-two of this chapter or a similar
offense in another jurisdiction, or whose license or privilege is
revoked by the commissioner for refusal to submit to a chemical test
pursuant to subdivision two of section eleven hundred ninety-four of
A. 9124 9
this chapter. Such license or privilege shall not be issued to a person
who within the five year period immediately preceding the date of appli-
cation for such license or privilege has been convicted of a violation
of subdivision one, two, two-a, TWO-B, three, four or four-a of section
eleven hundred ninety-two of this chapter or a similar alcohol-related
offense in another jurisdiction, or whose license or privilege has been
revoked by the commissioner for refusal to submit to a chemical test
pursuant to subdivision two of section eleven hundred ninety-four of
this chapter, except that such a license or privilege may be issued to
such a person if, after such conviction or revocation, such person
successfully completed an alcohol and drug rehabilitation program estab-
lished pursuant to article thirty-one of this chapter in conjunction
with such conviction or revocation. Provided, however, that nothing
herein shall be construed as prohibiting an operator from being issued a
limited or conditional license or privilege pursuant to any alcohol
rehabilitation program established pursuant to this chapter.
S 12. Subdivision 8 of section 170.10 of the criminal procedure law,
as amended by chapter 732 of the laws of 2006, is amended to read as
follows:
8. Notwithstanding any other provision of law to the contrary, a local
criminal court may not, at arraignment or within thirty days of arraign-
ment on a simplified traffic information charging a violation of subdi-
vision two, two-a, TWO-B, three, four or four-a of section eleven
hundred ninety-two of the vehicle and traffic law and upon which a nota-
tion has been made pursuant to subdivision twelve of section eleven
hundred ninety-two of the vehicle and traffic law, accept a plea of
guilty to a violation of any subdivision of section eleven hundred nine-
ty-two of the vehicle and traffic law, nor to any other traffic infrac-
tion arising out of the same incident, nor to any other traffic infrac-
tion, violation or misdemeanor where the court is aware that such
offense was charged pursuant to an accident involving death or serious
physical injury, except upon written consent of the district attorney.
S 13. Subparagraph (iii) of paragraph (b) of subdivision 2 of section
1198-a of the vehicle and traffic law, as added by chapter 732 of the
laws of 2006, is amended to read as follows:
(iii) following the arraignment of any person charged with or, at the
discretion of the court, prior to the sentencing of any person convicted
of operating a motor vehicle in violation of subdivision two or three of
section eleven hundred ninety-two of this article while such person has
.15 of one per centum or more by weight of alcohol in the person's blood
as shown by a chemical analysis of such person's blood, breath, urine or
saliva made pursuant to the provisions of section eleven hundred nine-
ty-four of this article or in violation of subdivision two-a OR TWO-B of
section eleven hundred ninety-two of this article.
S 14. This act shall take effect immediately, provided, however, that
the amendments to clauses a and a-1 of subparagraph 7 of paragraph (e)
of subdivision 2 of section 1193 of the vehicle and traffic law made by
sections seven and eight of this act shall not affect the repeal of such
subparagraph and shall be deemed to repeal therewith; provided, further,
that the amendments to paragraph (a) of subdivision 2 and paragraph (a)
of subdivision 3 of section 1198 of the vehicle and traffic law made by
sections nine and ten of this act shall not affect the repeal of such
section and shall be deemed to repeal therewith.