S T A T E O F N E W Y O R K
________________________________________________________________________
850
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. WEISENBERG -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to sanctions
for driving while ability impaired while holding a conditional license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Clauses d and e of subparagraph 7 of paragraph (e) of
subdivision 2 of section 1193 of the vehicle and traffic law, as amended
by chapter 251 of the laws of 2007, are amended to read as follows:
d. Notwithstanding any contrary provision of this chapter, if any
suspension occurring under this subparagraph has been in effect for a
period of thirty days, [the holder may be issued] THE DEPARTMENT MAY,
WITH THE CONSENT OF THE COURT, ISSUE a conditional license, in accord-
ance with section eleven hundred ninety-six of this article, provided
the holder of such license is otherwise eligible to receive such condi-
tional license. A conditional license issued pursuant to this subpara-
graph shall not be valid for the operation of a commercial motor vehi-
cle. The commissioner shall prescribe by regulation the procedures for
the issuance of such conditional license.
e. If the court finds that the suspension imposed pursuant to this
subparagraph will result in extreme hardship, the court must issue such
suspension, but may grant a hardship privilege, IN CONJUNCTION WITH THE
INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a
form prescribed by the commissioner. For the purposes of this clause,
"extreme hardship" shall mean the inability to obtain alternative means
of travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is a matriculating student enrolled in an
accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00094-01-1
A. 850 2
the completion of the educational degree or certificate. The burden of
proving extreme hardship shall be on the licensee who may present mate-
rial and relevant evidence. A finding of extreme hardship may not be
based solely upon the testimony of the licensee. In no event shall
arraignment be adjourned or otherwise delayed more than three business
days solely for the purpose of allowing the licensee to present evidence
of extreme hardship. The court shall set forth upon the record, or
otherwise set forth in writing, the factual basis for such finding. The
hardship privilege shall permit the operation of a vehicle only for
travel to or from the licensee's employment, or to or from necessary
medical treatment for the licensee or a member of the licensee's house-
hold, or if the licensee is a matriculating student enrolled in an
accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for
the completion of the educational degree or certificate. A hardship
privilege shall not be valid for the operation of a commercial motor
vehicle. A PRE-CONVICTION IGNITION INTERLOCK DEVICE INSTALLED PURSUANT
TO THIS CLAUSE SHALL BE INSTALLED AND MAINTAINED IN THE SAME MANNER AS
PRESCRIBED IN THIS ARTICLE.
S 2. This act shall take effect one year after it shall have become a
law; provided, however, that the amendments to clauses d and e of
subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the
vehicle and traffic law made by section one of this act shall not affect
the repeal of such subparagraph and shall be deemed repealed therewith.