BILL NUMBER:S1419

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to notice to guardians
of minors holding learner's permits or junior licenses, upon conviction
for certain violations, of their right to withdraw consent

PURPOSE:
To provide parents or guardians with notification of their child's
conviction of a serious traffic infraction which resulted in a
suspension of their driving privileges, as well as notification of a
parent or guardian's right to withdraw their consent to issue or
reissue their license or learner's permit.

SUMMARY OF PROVISIONS:
Section 1 amends Subdivision 5 of Section 514 of the Vehicle and
Traffic Law directing the trial court or clerk to, upon conviction
for a violation of the vehicle and traffic law, inform the parent or
guardian of their right to submit a form to DMV which allows them to
withdraw consent for the issuance or reissuance of a driver's license
or learner's permit.

Section 2 makes the effective date nine months after it becomes law.

EXISTING LAW:
              

Subdivision 2 of Section 502 of the Vehicle and Traffic Law requires
that an applicant for a class DJ or MJ license must submit written
consent to the issuance of such license by the applicant's parent or
guardian. Upon receipt of withdrawal of such consent, any class DJ or
MJ license, learner's permit or license application shall be canceled.

JUSTIFICATION:
Many parents are aware that they must sign a written consent form in
order for their child to secure a junior driver's license, however,
most parents are not aware that they may withdraw such consent at any
time while their child holds a learner's permit or junior license
simply by filling out a withdrawal of consent form with the
Department of Motor Vehicles. When a junior driver is convicted of a
serious traffic violation, it is critically important that parents
and guardians are made well aware that they may withdraw consent,
thus canceling their child's driving application.

Being convicted of a serious traffic violation as a holder of
learner's permit or junior license may indicate a lack of experience,
maturity or ability. Parents and guardians who are made aware of the
law allowing them to withdraw consent may choose to exercise this
right. Young drivers are those who are statistically most likely to
be involved in motor vehicle accidents and as such, this notification
may serve to reduce the number of accidents and curb teenage reckless
driving.

LEGISLATIVE HISTORY:
2007-2008: S.1091A - Passed Senate
2006:      S.6558 - Passed Senate


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Nine months after it shall have become law.