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Senate Bill S97

2009-2010 Legislative Session

Changes from .04 to .02 of one per centum the alcohol level a person is prohibited to have in his system to operate a commercial vehicle

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Archive: Last Bill Status - Stricken

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2009-S97 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1192, V & T L

2009-S97 (ACTIVE) - Summary

Changes from .04 to .02 of one per centum the alcohol level a person is prohibited to have in his system to operate a commercial vehicle.

2009-S97 (ACTIVE) - Sponsor Memo

2009-S97 (ACTIVE) - Bill Text download pdf 

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

                                   97

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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 operating  a
  commercial motor vehicle while under the influence of alcohol

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

  Section 1. Subdivision 5 of section 1192 of the  vehicle  and  traffic
law,  as  amended by chapter 236 of the laws of 2003, is amended to read
as follows:
  5. Commercial motor vehicles: per se - level  I.  Notwithstanding  the
provisions  of  section  eleven  hundred ninety-five of this article, no
person shall operate a commercial motor vehicle while  such  person  has
[.04]  .02  of  one  per centum or more but not more than .06 of one per
centum by weight of alcohol in the person's blood as shown  by  chemical
analysis  of such person's blood, breath, urine or saliva, made pursuant
to the provisions of section eleven hundred ninety-four of this article;
provided, however, nothing contained in this subdivision shall  prohibit
the  imposition  of  a  charge of a violation of subdivision one of this
section, or of section eleven hundred ninety-two-a of this article where
a person under the age of twenty-one operates a commercial motor vehicle
where 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, indicates that such operator has .02 of one per
centum or more but less than .04 of one per centum by weight of  alcohol
in such operator's blood.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01939-01-9

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