S T A T E   O F   N E W   Y O R K
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                                  4623

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

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
BY A FINE OF SIX HUNDRED TEN DOLLARS AND SHALL NOT EXCEED  ONE  THOUSAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06457-01-5
              

A. 4623                             2

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 (xii) and (xiii) of paragraph a of subdivision 2 of
section  510  of  the  vehicle and traffic law, as added by section 1 of
part B of chapter 55 of the laws  of  2014,  are  amended  and  two  new
subparagraphs (xiv) and (xv) are added to read as follows:
  (xii)  of  a second or subsequent conviction of a violation of section
twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
this chapter committed where such person is the holder of a probationary
license,  as  defined in subdivision four of section five hundred one of
this title, at the time of the commission of  such  violation  and  such
second or subsequent violation was committed within six months following
the restoration or issuance of such probationary license; [or]
  (xiii)  of a second or subsequent conviction of a violation of section
twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
this  chapter committed where such person is the holder of a class DJ or
MJ learner's permit or a class DJ or MJ  license  at  the  time  of  the
commission of such violation and such second or subsequent violation was
committed  within six months following the restoration of such permit or
license[.] ;
  (XIV) 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
  (XV) OF A THIRD VIOLATION OF SUBDIVISION (B) OF SECTION TWELVE HUNDRED
FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A  LICENSE  AND  REGISTRATION
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.