Senate Bill S8383

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

                                  8383

                            I N  S E N A T E

                              June 28, 2010
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to limiting the
  hours that holders of junior drivers licenses  and  learners'  permits
  may operate a motor vehicle

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

  Section 1. Subparagraph (ii) of paragraph  (a)  of  subdivision  3  of
section  501  of the vehicle and traffic law, as added by chapter 449 of
the laws of 1989, is amended to read as follows:
  (ii) from [five] SIX o'clock in the morning to [nine] EIGHT o'clock in
the evening, to and from a place of business where the holder  is  regu-
larly employed, or when accompanied by a duly licensed parent, guardian,
person  in  a  position  of  loco parentis, driver education teacher, or
driving school instructor.
  S 2. Paragraph (b) of subdivision 3 of section 501 of the vehicle  and
traffic  law,  as added by chapter 449 of the laws of 1989, subparagraph
(ii) as amended by chapter 644 of the laws of 2002, is amended  to  read
as follows:
  (b) in all other areas of the state, except for the city of New York:
  (i)  from [five] SIX o'clock in the morning to [nine] EIGHT o'clock in
the evening; or
  (ii) from [nine] EIGHT o'clock in the evening to [five] SIX o'clock in
the morning when going to or from school, or to or from a place of busi-
ness where the holder is employed on a  regularly  scheduled  basis,  or
when  accompanied  by a duly licensed parent, guardian or one in a posi-
tion of loco parentis to the licensee.
  S 3. Paragraph (b) of subdivision 5 of section 501 of the vehicle  and
traffic  law,  as amended by chapter 84 of the laws of 1990, the opening
paragraph and subparagraphs (i), (ii) and (iii) as  amended  by  chapter
644 of the laws of 2002, is amended to read as follows:
  (b) In addition to the restrictions contained in paragraph (a) of this
subdivision,  a learner's permit issued to a person applying for a class
DJ or class MJ license shall be subject to the restrictions contained in

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

                                                           LBD17805-01-0

S. 8383                             2

section five hundred one-b of this article and shall not  be  valid  for
the operation of any motor vehicle:
  (i) within the city of New York, except that the holder of such permit
may  operate a motor vehicle within the city of New York from [five] SIX
o'clock in the morning to [nine] EIGHT o'clock in the evening when  such
person  is  under  the  immediate supervision and control of a person at
least twenty-one years of age who is  such  holder's  parent,  guardian,
person  in a position of loco parentis, driver education teacher for the
purpose of certification pursuant to section eight hundred six-a of  the
education  law  or  driving school instructor for the purpose of certif-
ication pursuant to subdivision seven-a of section three  hundred  nine-
ty-four  of this chapter and such vehicle is equipped with dual controls
as prescribed by the commissioner;
  (ii) in the counties of Nassau and Suffolk, except that the holder  of
such  permit  may  operate a motor vehicle within the counties of Nassau
and Suffolk from [five] SIX o'clock  in  the  morning  to  [nine]  EIGHT
o'clock  in  the  evening when such person is under the immediate super-
vision and control of a person at least twenty-one years of age  who  is
such  holder's  licensed  parent, guardian, person in a position of loco
parentis, driver education teacher  for  the  purpose  of  certification
pursuant to section eight hundred six-a of the education law, or driving
school  instructor for the purpose of certification pursuant to subdivi-
sion seven-a of section three hundred ninety-four of this chapter, or  a
person  at  least  twenty-one  years of age who holds a license valid in
this state for the operation of the type of vehicle being operated,  for
the purpose of certification pursuant to subdivision two of section five
hundred  two  of this article, and who has been designated by such hold-
er's parent, guardian or person in a position of loco parentis to accom-
pany such holder, as evidenced by a written statement to that effect;
  (iii) from [nine] EIGHT o'clock in the evening to [five]  SIX  o'clock
in  the morning, unless the holder of such permit is under the immediate
supervision and control of a person at least twenty-one years of age who
is such holder's licensed parent, guardian, person in a position of loco
parentis, driver education teacher  for  the  purpose  of  certification
pursuant to section eight hundred six-a of the education law, or driving
school  instructor for the purpose of certification pursuant to subdivi-
sion seven-a of section three hundred ninety-four of this chapter.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.