senate Bill S6625

2013-2014 Legislative Session

Provides for the establishment of standards for the permanent revocation of a license or operating privileges for persistent vehicle and traffic law offenders

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 19, 2014 referred to transportation

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S6625 - Bill Details

See Assembly Version of this Bill:
A6156A
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง510 & 511, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6156
2011-2012: A10341

S6625 - Bill Texts

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Provides for the establishment of standards for the permanent revocation of a license or operating privileges for persistent vehicle and traffic law offenders.

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BILL NUMBER:S6625

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the establishment of standards for the permanent
revocation of a license or operating privileges for persistent vehicle
and traffic law offenders

PURPOSE:

To direct the Commissioner of Motor Vehicles to promulgate, by rule,
standards for the permanent revocation of the driver's privilege to
operate a motor vehicle for persistently dangerous drivers.

SUMMARY OF PROVISIONS:

A new subdivision 12 is added to Section 510 of the Vehicle and
Traffic Law to direct the Commissioner of Motor Vehicles to establish,
by rule, standards for the permanent revocation of driving privileges
for those drivers who have accumulated an unacceptable number of
serious motor vehicle offenses within established time frames of not
less than five years (e.g., 4 such offenses within 5 years, 6 within
10 years, etc.) Serious motor vehicle offenses shall include:

*Alcohol-related offenses;
*A felony, class A misdemeanor and most unclassified misdemeanors of
the Vehicle & Traffic Law (VTL) involving the operation of a motor
vehicle;
*A conviction for aggravated failure to answer tickets or pay fines;
*A conviction for any VTL violation for which revocation or suspension
is mandatory;
*Conviction under the Penal Law for causing the death or serious
injury of a person; and
*Any other offense designated by the Commissioner to be a serious
motor vehicle offense. The bill also would provide for the
Commissioner to establish criteria for a "one-time" re-licensing
opportunity under certain circumstances.

EXISTING LAW:

There is no consistent statutory or regulatory policy for the
permanent revocation of the driving privileges of persistent
offenders.

JUSTIFICATION:

New York's highways continue to be plagued by persons who are
persistently dangerous drivers. As just one of many examples, the
driver who killed Charlotte Gallo while speeding through a crosswalk
in Schenectady already had on his record ten motor vehicle accidents
(several involving personal injury) and 23 motor vehicle convictions
(19 moving), yet he was licensed when he ran over an innocent person.
While the Commissioner of Motor Vehicles is in the best position to
adopt and maintain standards for the permanent revocation of the
operating privileges of persistently dangerous drivers, this has not
occurred to date with any measure of consistency or predictability.
This bill balances clear legislative intent to remove these drivers


from our highways, with the need to provide the expertise and
flexibility of the regulatory process.

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediate.

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

                                  6625

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced by Sens. FARLEY, MARCHIONE -- 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 the estab-
  lishment of standards for the permanent revocation  of  a  license  or
  operating privileges for persistent vehicle and traffic law offenders

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

  Section 1. Section 510 of the vehicle and traffic law  is  amended  by
adding a new subdivision 12 to read as follows:
  12.  A.  THE  COMMISSIONER  SHALL ESTABLISH BY RULE, STANDARDS FOR THE
PERMANENT REVOCATION OF DRIVING PRIVILEGES FOR OPERATORS WHO  HAVE  BEEN
DEEMED TO HAVE ACCUMULATED AN UNACCEPTABLE NUMBER OF SERIOUS MOTOR VEHI-
CLE OFFENSES WITHIN ESTABLISHED TIME FRAMES WHICH SHALL BE CALCULATED IN
INCREMENTS  OF NOT LESS THAN FIVE YEARS. THE TERM "SERIOUS MOTOR VEHICLE
OFFENSE" SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
  (I) A CONVICTION FOR VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OR
SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER AND ANY VIOLATION OF
ARTICLE THIRTY-ONE OF THIS CHAPTER FOR WHICH REVOCATION OR SUSPENSION OF
A LICENSE OR OPERATING PRIVILEGES IS  MANDATORY,  INCLUDING  FAILURE  TO
SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR
OF THIS CHAPTER;
  (II)  A  CONVICTION  FOR A FELONY, CLASS A OR UNCLASSIFIED MISDEMEANOR
SET FORTH IN THIS CHAPTER INVOLVING THE OPERATION OF  A  MOTOR  VEHICLE,
EXCEPT  FOR  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION FIVE HUNDRED
ELEVEN OF THIS ARTICLE;
  (III) A CONVICTION FOR A VIOLATION OF SECTION FIVE HUNDRED ELEVEN-D OF
THIS ARTICLE;
  (IV) CONVICTION OF ANY VIOLATION FOR WHICH REVOCATION OR SUSPENSION OF
A LICENSE OR DRIVING PRIVILEGES IS MANDATORY PURSUANT TO THIS CHAPTER;
  (V) CONVICTION FOR A VIOLATION OF ANY PROVISION OF ARTICLE ONE HUNDRED
TWENTY OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE
OPERATION OF A MOTOR VEHICLE; AND
  (VI) ANY OTHER VIOLATION DESIGNATED BY THE COMMISSIONER TO BE A  SERI-
OUS MOTOR VEHICLE OFFENSE, PURSUANT TO ADOPTION BY RULE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07897-03-4

S. 6625                             2

  B.  THE RULE FOR ADOPTION OF THE STANDARDS SET FORTH IN PARAGRAPH A OF
THIS SUBDIVISION SHALL INCLUDE  THE  ESTABLISHMENT  OF  CRITERIA  FOR  A
SINGLE  OPPORTUNITY FOR RESTORATION OF A RESTRICTED LICENSE OR OPERATING
PRIVILEGES AFTER A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE  DATE  OF
THE  IMPOSITION  OF A PERMANENT REVOCATION AND FULL OPERATING PRIVILEGES
AFTER A PERIOD OF NOT LESS THAN TEN YEARS. SUCH CRITERIA SHALL, AT MINI-
MUM, REQUIRE THE ABSENCE OF: (I) ANY VIOLATION OF ARTICLE THIRTY-ONE  OF
THIS CHAPTER, INCLUDING FAILURE TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
SECTION  ELEVEN  HUNDRED NINETY-FOUR OF THIS CHAPTER; (II) ANY VIOLATION
OF SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE; (III) ANY  VIOLATION  OF
ARTICLE  ONE  HUNDRED  TWENTY  OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE
PENAL LAW INVOLVING THE OPERATION  OF  A  MOTOR  VEHICLE;  OR  (IV)  ANY
VIOLATION OF THIS CHAPTER RESULTING IN PERSONAL INJURY TO A THIRD PARTY;
AND  SHALL CONSIDER FAIRNESS, REHABILITATIVE EFFORT AND PUBLIC SAFETY IN
THE ESTABLISHMENT OF SUCH CRITERIA. IN ADDITION TO THE REQUIREMENTS  SET
FORTH  IN  THIS  PARAGRAPH, ANY SUCH RULE SHALL NOT BE INCONSISTENT WITH
THE PROVISIONS OF CLAUSE (B) OF SUBPARAGRAPH TWELVE OF PARAGRAPH (B)  OF
SUBDIVISION  TWO  OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER
RELATED TO PERMANENT REVOCATION FOR MULTIPLE ALCOHOL-RELATED OFFENSES.
  S 2. Subparagraph (iii) of paragraph (a) of subdivision 3  of  section
511  of  the  vehicle  and traffic law, as amended by chapter 169 of the
laws of 2013, is amended to read as follows:
  (iii) 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 under permanent  revoca-
tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two  of  section eleven hundred ninety-three of this chapter OR PURSUANT
TO RULE OF THE COMMISSIONER  AS  AUTHORIZED  BY  SUBDIVISION  TWELVE  OF
SECTION FIVE HUNDRED TEN OF THIS ARTICLE; or
  S 3. This act shall take effect immediately.

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