Senate Bill S3858

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

                                  3858

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by Sens. ESPAILLAT, AVELLA, DILAN, PERKINS -- 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 PUNISHABLE 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 (xii) and (xiii) of paragraph a of subdivision 2 of
section 510 of the vehicle and traffic law, as added  by  section  1  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08930-01-5
              

S. 3858                             2

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 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
  (XV) 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.