S T A T E O F N E W Y O R K
________________________________________________________________________
1342
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. COLTON, BENEDETTO, WEPRIN -- Multi-Sponsored by
-- M. of A. CERETTO, MONTESANO, ROBINSON -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to performance
of illegal maneuvers while operating a motorcycle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1254 to read as follows:
S 1254. PERFORMANCE OF AN ILLEGAL MANEUVER WHILE OPERATING A MOTORCY-
CLE. (A) "ILLEGAL MANEUVER" SHALL MEAN ANY MANEUVER PERFORMED BY THE
OPERATOR OF A MOTORCYCLE WHICH REQUIRES THE FRONT OR REAR WHEEL OF SUCH
MOTORCYCLE TO LEAVE CONTACT WITH THE ROAD, OR ANY MANEUVER DESCRIBED IN
SUBDIVISIONS (B) AND (C) OF SECTION TWELVE HUNDRED FIFTY-TWO OF THIS
ARTICLE. ILLEGAL MANEUVER SHALL NOT MEAN A MANEUVER PERFORMED BY A
MOTORCYCLE WITH A SIDE PASSENGER TRUCK ATTACHMENT, IN WHICH THE SIDE
TRUCK LEAVES THE ROAD IN THE COURSE OF TAKING A TURN.
(B) THE OPERATOR OF A MOTORCYCLE SHALL NOT PERFORM AN ILLEGAL MANEUVER
WHILE OPERATING A MOTORCYCLE.
(C) A VIOLATION OF SUBDIVISION (B) OF THIS SECTION SHALL BE PUNISHABLE
BY A FINE OF TWO HUNDRED FIFTY DOLLARS AND SHALL NOT EXCEED THREE
HUNDRED EIGHTY-FIVE DOLLARS.
(D) A SECOND VIOLATION OF SUBDIVISION (B) OF THIS SECTION, WITHIN
EIGHTEEN MONTHS OF PRIOR CONVICTION, SHALL BE PUNISHABLE BY A FINE OF
THREE HUNDRED EIGHTY-FIVE DOLLARS AND SHALL NOT EXCEED SIX HUNDRED TEN
DOLLARS. IN ADDITION TO ANY PENALTIES WHICH MAY BE IMPOSED PURSUANT TO
THIS SUBDIVISION, THE VIOLATOR'S LICENSE AND REGISTRATION SHALL BE
REVOKED AUTOMATICALLY FOR A PERIOD OF ONE YEAR.
(E) A THIRD OR SUBSEQUENT VIOLATION OF SUBDIVISION (B) OF THIS
SECTION, WITHIN EIGHTEEN MONTHS OF PRIOR CONVICTION, SHALL BE PUNISHABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04148-01-3
A. 1342 2
BY A FINE OF SIX HUNDRED TEN DOLLARS AND SHALL NOT EXCEED ONE THOUSAND
TWO HUNDRED TEN DOLLARS. IN ADDITION TO ANY PENALTIES WHICH MAY BE
IMPOSED PURSUANT TO THIS SUBDIVISION, THE VIOLATOR'S LICENSE AND REGIS-
TRATION SHALL BE REVOKED AUTOMATICALLY FOR A PERIOD OF FIVE YEARS.
S 2. Subparagraphs (x) and (xi) of paragraph a of subdivision 2 of
section 510 of the vehicle and traffic law, as added by chapter 571 of
the laws of 2006, are amended and two new subparagraphs (xii) and (xiii)
are added to read as follows:
(x) of a traffic infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such violation caused
serious physical injury to another person and such subsequent violation
occurred within eighteen months of a prior violation of any provision of
article twenty-six of this chapter where the commission of such prior
violation caused the serious physical injury or death of another person;
[or]
(xi) of a traffic infraction for a subsequent violation of article
twenty-six of this chapter and the commission of such violation caused
the death of another person and such subsequent violation occurred with-
in eighteen months of a prior violation of any provision of article
twenty-six of this chapter where the commission of such prior violation
caused the serious physical injury or death of another person[.];
(XII) OF A SECOND VIOLATION OF SUBDIVISION (B) OF SECTION TWELVE
HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A LICENSE AND REGIS-
TRATION REVOCATION OF ONE YEAR; OR
(XIII) OF A THIRD VIOLATION OF SUBDIVISION (B) OF SECTION TWELVE
HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A LICENSE AND REGIS-
TRATION REVOCATION OF FIVE YEARS.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.