Senate Bill S6180

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

                                  6180

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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 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) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
RESULTS IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER SHALL BE PUNISHABLE
BY  A  FINE  NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS AND THE AUTOMATIC
REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION FOR  A  PERIOD  OF
ONE YEAR.
  (C) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
RESULTS  IN  PROPERTY  DAMAGE  OR BODILY HARM OF ANOTHER WITHIN EIGHTEEN
MONTHS OF A PRIOR CONVICTION WHERE THE  VIOLATOR  PERFORMED  AN  ILLEGAL
MANEUVER  THAT  RESULTED  IN  PROPERTY DAMAGE OR BODILY HARM OF ANOTHER,
SHALL BE PUBLISHABLE BY THE FORFEITURE OF THE OPERATOR'S MOTORCYCLE  AND
THE  AUTOMATIC REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION FOR
A PERIOD OF TWO 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:

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

                                                           LBD13002-02-3

S. 6180                             2

  (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 VIOLATION OF SUBDIVISION  (B)  OF  SECTION  TWELVE  HUNDRED
FIFTY-FOUR  OF  THIS  CHAPTER SHALL RESULT IN A LICENSE AND REGISTRATION
REVOCATION OF ONE YEAR; OR
  (XIII) 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 TWO YEARS.
  S 3. This act shall take effect on the one hundred sixtieth day  after
it shall have become a law.