senate Bill S2863

2011-2012 Legislative Session

Increases the penalties for violations relating to the licensing of drivers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.545
Jan 04, 2012 referred to transportation
Jun 24, 2011 committed to rules
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.131
Feb 02, 2011 referred to transportation

Votes

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Apr 18, 2012 - Transportation committee Vote

S2863
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Mar 1, 2011 - Transportation committee Vote

S2863
12
0
committee
12
Aye
0
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Mar 1, 2011

excused (1)

Co-Sponsors

S2863 - Bill Details

See Assembly Version of this Bill:
A4554
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§318, 319, 509 & 511, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S3608, A3929

S2863 - Bill Texts

view summary

Increases the length of time vehicle registrations, drivers' licenses and non-resident driving privileges for individuals who drive without insurance are revoked; makes driving without insurance on a vehicle a misdemeanor; increases the penalties for driving without a license; increases penalties for aggravated unlicensed operation of a motor vehicle.

view sponsor memo
BILL NUMBER:S2863 REVISED 03/08/11

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to increasing the
penalties for violations relating to the licensing of drivers

PURPOSE:

This legislation makes our roads safer for New York's residents.
As proof of that commitment, this legislation increases the
penalties for individuals who continue
to drive without valid licenses and/or insurance.

SUMMARY OF PROVISIONS:

Section 1: Amends 318 of the Vehicle and Traffic Law, which sets out a
system for the revocation of vehicle registrations, drivers' licenses
and non-resident driving privileges for individuals who drive without
insurance, to increase the length of time such privileges are
revoked. Under this legislation, upon such revocation by the DMV, a
driver's license and vehicle registration shall not be reissued until
18 months after the date of the revocation. Furthermore, this
section is amended to result in the permanent revocation of a
driver's license doe to 3 or more convictions for driving without
insurance within 18 months. Additionally, 318 is amended to prevent
individuals who are convicted twice within 18 months from applying
for a restricted use license (only valid for travel to and from work,
school, medical appointments, etc.).

Section 2: Amends 319 of the Vehicle and Traffic Law to increase the
penalties imposed on an individual who is driving without insurance.
Under this legislation, driving without insurance would be considered
a misdemeanor under 1801 of the Vehicle and Traffic Law and the
operator of the motor vehicle would be subject to a graduated system
of fines and/or imprisonment based on the number of violations in a
given period of time. Additionally, 319 provides a civil penalty of
$750 for driving without insurance. This legislation increases that
penalty to $1000.

Section 3: Amends 509 of the Vehicle and Traffic Law, which sets out
the penalties for driving without a license, to increase those
penalties. Currently, a violation of this section is punishable by a
fine of not less than $75 nor more than $300 and/or imprisonment by
not more than 15 days.
The punishment for operating a for-hire vehicle is more severe. Under
this legislation, for a second or subsequent conviction of driving
without a license, a person would be punished by a fine of no more
than $500 and/or imprisoned for no more than 90 days.

Section 4: Amends 511 of the Vehicle and Traffic Law, which sets out
the crimes of aggravated unlicensed operation of a motor vehicle in
the first, second and third degrees, to increase penalties. -
Aggravated Unlicensed Operation in the Third Degree: This provision
has been amended to state that, where a person has been convicted of
driving without being duly licensed (pursuant to 509 of the VTL)
twice within 18 consecutive months, that individual would be guilty
of Aggravated Unlicensed Operation in the Third Degree which is a
misdemeanor punishable by a fine of not less than $200 nor more than
$500 and/or imprisonment for no more than 30 days.

- Aggravated Unlicensed Operation in the Second Degree: The punishment
for this provision has been increased to a Class E felony. Currently
it is a misdemeanor.

- Aggravated Unlicensed Operation in the Third Degree: This provision
has been amended to decrease the number of license suspensions an
individual must have to meet the elements of this crime from 10
suspensions to 5 suspensions. Additionally, the punishment for this
provision of §511 has been increased to a D felony. Currently, it is
an E felony.

JUSTIFICATION:

Unlicensed and uninsured drivers pose a serious threat on NYS's roads,
particularly in Long Island. Their choice to drive without a license
and/or insurance displays a conscious disregard for current law and
the rights and safety of other motorists and pedestrians. Often,
their disregard for these requirements and the rules of the road
manifests itself in a continuation of the dangerous driving habits
that led to the initial loss of their license and/or insurance. Such
behavior and the risks it poses cannot be tolerated. Unfortunately,
the penalties contained in current law do nothing to dissuade these
individuals from operating a motor vehicle without a license.

The Long Island members of the NYS Assembly Republican Conference
recognize the danger these individuals pose and the fact that current
penal- ties do little to dissuade individuals from driving without a
license and/or insurance. This legislation increases penalties and
sends a message to these individuals that this behavior will not be
tolerated. The Long Island Delegation asserts that this legislation
will significantly reduce the incidents of individuals driving
without insurance and/or a license and endangering the public with
their irresponsible and criminal behavior.

LEGISLATIVE HISTORY:

2009-10, S.3608; 2007-08, S.2112; 2005-06, S.7649.

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall become law.

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

                                  2863

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- 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  increasing
  the penalties for violations relating to the licensing of drivers

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

  Section 1. Paragraph (b) of subdivision 2 of section 318 of the  vehi-
cle and traffic law is amended to read as follows:
  (b)  Such  motor  vehicle  shall not be registered in the name of such
person, or in any other  name  where  the  commissioner  has  reasonable
grounds  to  believe  that  such  registration  will  have the effect of
defeating the purpose of this article, and no other motor vehicle  shall
be  registered  in  the  name  of  such person, nor any driver's license
issued to such person, for a period of [one year] EIGHTEEN  MONTHS  from
the date of such revocation.
  S  2. Paragraph (b) of subdivision 4 of section 318 of the vehicle and
traffic law is amended to read as follows:
  (b) Such non-resident privileges shall not be restored for a period of
[one year] EIGHTEEN MONTHS from the date of such revocation.
  S 3. Paragraph (b) of subdivision 5 of section 318 of the vehicle  and
traffic law is amended to read as follows:
  (b) No new driver's license shall be issued, or non-resident privilege
restored  to such person for a period of [one year] EIGHTEEN MONTHS from
the date of such revocation.
  S 4. Subdivision 9 of section 318 of the vehicle and traffic  law,  as
amended  by  chapter  1025  of  the  laws of 1971, is amended to read as
follows:
  9. (a) If a motor vehicle has been involved in an  accident,  and  its
registration or the driver's license of its operator, or both, have been
revoked  pursuant  to  this  section,  then neither such vehicle nor any
other motor vehicle shall be registered or reregistered in the  name  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06604-01-1

S. 2863                             2

its  owner  or  of any other person legally responsible for its use, nor
shall any driver's license be issued to such owner, person  or  operator
until  [one year has] EIGHTEEN MONTHS HAVE passed since the date of such
revocation  and,  as  the case may be, the commissioner has received the
payments and evidence required by paragraph (c) [below] OF THIS SUBDIVI-
SION.
  (b) If a motor vehicle not registered in this state is involved in  an
accident  in  this  state and the privilege of its operation within this
state has been revoked, then  neither  its  owner,  any  person  legally
responsible for its use nor its operator shall exercise the privilege of
the  operation  of  such  vehicle  within this state or the privilege of
operation within this state of any motor vehicle, until [one  year  has]
EIGHTEEN  MONTHS  HAVE  passed  since the date of revocation and, as the
case may be, the commissioner has received the payments and evidence  as
required in PARAGRAPH (c) [below] OF THIS SUBDIVISION.
  (c)  The  payments  and evidence referred to in paragraphs (a) and (b)
[above] OF THIS SUBDIVISION  shall  be  evidence,  satisfactory  to  the
commissioner,
  (1)  That  no  cause  of  action based upon such accident against such
owner, person legally responsible or operator has been commenced  within
a  period of [one year] EIGHTEEN MONTHS from the date of the accident or
a release thereof has been given to such owner, person or operator, or
  (2) That no judgment arising out of such cause of action  for  amounts
within the limits stated in paragraph (a) of subdivision four of section
three hundred eleven OF THIS ARTICLE against such owner, person or oper-
ator  remains  unsatisfied,  except that such registration and licensing
privileges may be restored on compliance with the procedures  permitting
the  payment  of  a  judgment  in installments provided in section three
hundred thirty-four OF THIS TITLE and
  (3) That all civil penalties required to be  paid  to  the  department
pursuant  to the provisions of subdivision five of section three hundred
nineteen of this [chapter] ARTICLE have been paid.
  S 5. Subdivision 15 of section 318 of the vehicle and traffic law,  as
amended  by chapter 186 of the laws of 1985, is amended and a new subdi-
vision 16 is added to read as follows:
  15. Notwithstanding any provisions of this section, a  restricted  use
license  or  privilege of operating a motor vehicle in this state may be
issued to a person who has had his OR  HER  license  or  such  privilege
revoked  or  suspended  pursuant  to  any  provision  of this section in
accordance with article twenty-one-A of this chapter.  NO RESTRICTED USE
LICENSE OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS STATE  MAY  BE
ISSUED  TO  A  PERSON  WHO  HAS HAD HIS OR HER LICENSE OR SUCH PRIVILEGE
REVOKED OR SUSPENDED PURSUANT TO ANY PROVISION  OF  THIS  SECTION  TWICE
WITHIN EIGHTEEN MONTHS.
  16.  ANY PERSON WHO HAS HAD HIS OR HER LICENSE OR PRIVILEGE OF OPERAT-
ING A MOTOR VEHICLE IN THIS STATE REVOKED OR SUSPENDED PURSUANT  TO  ANY
PROVISION  OF  THIS  SECTION  THREE OR MORE TIMES WITHIN EIGHTEEN MONTHS
SHALL HAVE HIS OR HER LICENSE OR SUCH PRIVILEGE REVOKED PERMANENTLY.
  S 6. Subdivisions 1 and 5 of section 319 of the  vehicle  and  traffic
law,  as  amended  by  section 11 of part C of chapter 62 of the laws of
2003, are amended to read as follows:
  1. Any owner of a motor vehicle registered in this state, or an unreg-
istered motor vehicle, who shall operate such motor vehicle or permit it
to be operated in this state without having in full force and effect the
financial security required by the provisions of this  chapter  and  any
other  person  who  shall operate in this state any motor vehicle regis-

S. 2863                             3

tered in this state, or an unregistered motor vehicle,  with  the  know-
ledge that the owner thereof does not have in full force and effect such
proof  of financial security, except a person who, at the time of opera-
tion  of  such  motor  vehicle,  had  in  effect an operator's policy of
liability insurance, as defined in section  three  hundred  eighteen  OF
THIS  ARTICLE,  with  respect  to his operation of such vehicle shall be
guilty of a [traffic infraction and upon conviction  may  be  fined  not
less  than  one  hundred  fifty  dollars  or more than one thousand five
hundred dollars or may be imprisoned for not more than fifteen  days  or
both]  MISDEMEANOR.  In  addition to the penalties [herein] set forth IN
THIS SECTION, such person, upon conviction, shall also become liable for
payment to the department of the civil penalty provided  in  subdivision
five of this section.
  5.  The  civil  penalty  for  a  violation  of subdivision one of this
section shall be [seven hundred fifty] ONE THOUSAND dollars.
  S 7. Subdivision 11 of section 509 of the vehicle and traffic law,  as
amended  by  section  3  of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
  11. (A) A violation of any provision of this section shall be punisha-
ble by a fine of not less than seventy-five nor more than three  hundred
dollars,  or  by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of  failure
to  renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of  subdivision
[seven  or]  eight  of this section shall be punishable by a fine of not
more than seventy-five dollars.
  (B) A SECOND OR SUBSEQUENT VIOLATION OF ANY PROVISION OF THIS SECTION,
EXCEPT FOR A VIOLATION FOR FAILURE TO RENEW A LICENSE  WHICH  WAS  VALID
WITHIN  SIXTY  DAYS  OR  FOR  A  VIOLATION  OF SUBDIVISION EIGHT OF THIS
SECTION, SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN SEVENTY-FIVE NOR
MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT  FOR  NOT  MORE  THAN
NINETY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  S  8. Paragraph (a) of subdivision 1 of section 511 of the vehicle and
traffic law, as amended by chapter 173 of the laws of 1990,  is  amended
to read as follows:
  (a)  A person is guilty of the offense of aggravated unlicensed opera-
tion of a motor vehicle in the third degree when such person operates  a
motor  vehicle  upon  a public highway while knowing or having reason to
know that such person's license or privilege  of  operating  such  motor
vehicle  in  this  state  or privilege of obtaining a license to operate
such motor vehicle issued by the commissioner is suspended,  revoked  or
otherwise  withdrawn by the commissioner, OR WHEN SUCH PERSON OPERATES A
MOTOR VEHICLE WITHOUT BEING  DULY  LICENSED  PURSUANT  TO  SECTION  FIVE
HUNDRED  TWO OF THIS TITLE AND SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED
FOR A VIOLATION OF SECTION FIVE HUNDRED NINE OF THIS  TITLE  WITHIN  THE
IMMEDIATELY  PRECEDING  EIGHTEEN  MONTHS.  FOR THE PURPOSE OF THIS PARA-
GRAPH, A PERSON WHO HAS IN EFFECT THREE OR MORE SUSPENSIONS  OR  REVOCA-
TIONS  OF  HIS OR HER LICENSE, IMPOSED ON AT LEAST THREE SEPARATE DATES,
SHALL BE PRESUMED TO KNOW THAT SUCH LICENSE WAS SUSPENDED OR REVOKED.
  S 9. Paragraph (b) of subdivision 2 of section 511 of the vehicle  and
traffic  law,  as amended by chapter 607 of the laws of 1993, is amended
to read as follows:
  (b) Aggravated unlicensed operation of a motor vehicle in  the  second
degree is a [misdemeanor] CLASS E FELONY.  When a person is convicted of
this  crime under subparagraph (i) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine  of  not  less  than  five

S. 2863                             4

hundred  dollars;  and  (ii)  a  term  of imprisonment not to exceed one
hundred eighty days; or (iii) where appropriate a sentence of  probation
as provided in subdivision six of this section; or (iv) a term of impri-
sonment  as  a  condition  of a sentence of probation as provided in the
penal law and consistent with this section. When a person  is  convicted
of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of
this  subdivision,  the sentence of the court must be: (i) a fine of not
less than five hundred dollars nor more than one thousand  dollars;  and
(ii)  a  term  of imprisonment of not less than seven days nor more than
one hundred eighty days,  or  (iii)  where  appropriate  a  sentence  of
probation as provided in subdivision six of this section; or (iv) a term
of imprisonment as a condition of a sentence of probation as provided in
the penal law and consistent with this section.
  S  10.  Subparagraph (ii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  732  of  the
laws of 2006, is amended to read as follows:
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle  in  the  third  degree  as  defined  in subdivision one of this
section; and is operating a motor  vehicle  while  such  person  has  in
effect  [ten]  FIVE  or more suspensions, imposed on at least [ten] FIVE
separate dates for failure to answer, appear or pay a fine, pursuant  to
subdivision  three  of section two hundred twenty-six of this chapter or
subdivision four-a of section five hundred ten of this article; or
  S 11. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of  the  laws
of 1990, is amended to read as follows:
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class [E] D felony.   When a person  is  convicted  of  this
crime,  the  sentence  of the court must be: (i) a fine in an amount not
less than five hundred dollars nor more than five thousand dollars;  and
(ii) a term of imprisonment as provided in the penal law, or (iii) where
appropriate and a term of imprisonment is not required by the penal law,
a  sentence of probation as provided in subdivision six of this section,
or (iv) a term of imprisonment as a condition of a sentence of probation
as provided in the penal law.
  S 12. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

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