S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4652
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. HOOPER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to providing
   for a graduated license for youthful operators of motor vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of section 501 of the vehicle and traffic
 law, as added by chapter 449 of the laws of 1989, the subdivision  head-
 ing  and  first  undesignated paragraph as amended by chapter 173 of the
 laws of 1990, subparagraph (ii) of paragraph (b) as amended  by  chapter
 644 of the laws of 2002, is amended to read as follows:
   3.  Restrictions  on use of class DJ and class MJ licenses. A class DJ
 or class MJ license shall permit the holder  to  operate  a  vehicle  in
 accordance with the following restrictions:
   (a) in the counties of Nassau and Suffolk:
   (i)  for  the  purpose of driving to and from a state-approved cooper-
 ative work-study educational program, or to or from an approved  program
 for  credit  in  a post-secondary institution, or to or from a state-ap-
 proved registered evening high school or while engaged in  farm  employ-
 ment, or to or from an approved driver education course; or
   (ii)  from  five  o'clock  in the morning to [nine] TEN o'clock in the
 evening, to and from a place of business where the holder  is  regularly
 employed,  or  when  accompanied  by  a  duly licensed parent, guardian,
 person in a position of loco  parentis,  driver  education  teacher,  or
 driving school instructor.
   (b) in all other areas of the state, except for the city of New York:
   (i)  from  five  o'clock  in  the morning to [nine] TEN o'clock in the
 evening; or
   (ii) from [nine] TEN o'clock in the evening to  five  o'clock  in  the
 morning  when going to or from school, or to or from a place of business
 where the holder is employed on a regularly  scheduled  basis,  or  when
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08733-01-7

 A. 4652                             2
 
 accompanied  by a duly licensed parent, guardian or one in a position of
 loco parentis to the licensee.
   (c) in the city of New York, driving shall be prohibited.
   (d)  for the purpose of this subdivision, the term "school" shall mean
 instruction, education or training licensed or approved by a  department
 or  agency of the state or training conducted by the armed forces of the
 United States except it shall not include extra-curricular activities or
 social events for which scholastic credits are not given.
   (e) any person operating a motor vehicle to or from school  or  to  or
 from  a place of business as authorized by this subdivision must possess
 documentation signed  by  such  person's  instructor  or  employer.  The
 commissioner  shall,  by  regulation,  prescribe the form and content of
 such documentation.
   (F) DURING THE FIRST SIX  MONTHS  IN  WHICH  A  PERSON  HOLDS  SUCH  A
 LICENSE,  HE  OR  SHE  MAY  NOT TRANSPORT ANY PASSENGER LESS THAN TWENTY
 YEARS OF AGE.
   § 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 215 of the laws of 2010, is amended
 to read as follows:
   (c) An applicant for a class D or M license shall be at least eighteen
 years of age[, except that an  application  shall  be  accepted  if  the
 applicant  is  at  least  seventeen  years of age and submits acceptable
 proof of successful completion of a driver education course, approved by
 the state education department  and  the  commissioner,]  and  proof  of
 completion  of  the  minimum  hours of supervised driving as required in
 paragraph (d) of this subdivision.
   § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 585 of the laws of 2002, is amended
 to read as follows:
   (b) Upon successful completion of the requirements set forth in  para-
 graph  (a)  of  this subdivision which shall include an alcohol and drug
 education component as described in paragraph (c) of this subdivision, a
 "Road Rage" awareness component as described in paragraph (c-1) of  this
 subdivision and a "Work Zone Safety" awareness component as described in
 paragraph  (c-2)  of  this subdivision, the commissioner shall cause the
 applicant to take a road test in a  representative  vehicle  of  a  type
 prescribed by the commissioner which shall be appropriate to the type of
 license  for which application is made, except that the commissioner may
 waive the road test requirements for certain classes of applicants.   AN
 APPLICANT  LESS  THAN  EIGHTEEN YEARS OF AGE AT THE TIME OF RECEIPT OF A
 LEARNER'S PERMIT MAY NOT TAKE A ROAD TEST UNTIL SUCH APPLICANT HAS  HELD
 SUCH  LEARNER'S  PERMIT  CONTINUOUSLY  FOR  A  PERIOD OF NINE MONTHS. AN
 APPLICANT LESS THAN EIGHTEEN YEARS OF AGE  MAY  NOT  TAKE  A  ROAD  TEST
 UNLESS   THE  APPLICANT'S  PARENT  OR  GUARDIAN  CERTIFIES,  ON  A  FORM
 PRESCRIBED THEREFOR BY THE COMMISSIONER, THAT THE APPLICANT HAS AT LEAST
 SEVENTY-FIVE HOURS OF EXPERIENCE OPERATING A  MOTOR  VEHICLE,  AT  LEAST
 FIFTEEN  OF  WHICH MUST HAVE TAKEN PLACE AFTER SUNDOWN. The commissioner
 shall have the power to establish a program to allow persons other  than
 employees  of  the  department  to  conduct road tests in representative
 vehicles when such tests are required for applicants to obtain  a  class
 A,  B  or C license.  If HE OR she chooses to do so, HE OR she shall set
 forth HIS OR her reasons in writing and conduct a public hearing on  the
 matter.  [She] HE OR SHE shall only establish such a program after hold-
 ing the public hearing.

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   § 4. Subdivision 1 of section 507 of the vehicle and traffic  law,  as
 amended  by  chapter  215  of  the  laws  of 2010, is amended to read as
 follows:
   1.  Driver  education.  [Notwithstanding  any other provisions of this
 article, a class D or class M license, whichever is appropriate, may  be
 issued  to a minor seventeen years of age who has successfully completed
 a] A driver education course approved by the state education  department
 and the commissioner in a high school or college MAY BE CONDUCTED PURSU-
 ANT TO THE PROVISIONS OF THIS SUBDIVISION and who has submitted proof of
 completion  of  the  minimum  hours of supervised driving as required in
 paragraph (d) of subdivision two of section five  hundred  two  of  this
 article.  No  such driver education course may be approved unless class-
 room training is provided by a person approved by  the  state  education
 department  and  the  commissioner.    However,  a  school  district may
 contract with one or more licensed drivers' schools  to  provide  behind
 the  wheel  training, pursuant to regulations promulgated by the commis-
 sioner. [The commissioner shall prescribe the requirements for licensing
 of such minors.] A student enrolled in such an approved driver education
 course may operate a motor vehicle without holding a driver's license or
 a learner's permit while under the immediate supervision of an  instruc-
 tor  in such course or a driver's school instructor providing behind the
 wheel training in such a course, provided such operation is  in  accord-
 ance  with the rules established by the commissioner. [Every student who
 successfully completes such course in a day, evening  or  summer  school
 program  offered  by  a  public  or private school shall receive certif-
 ication of such completion on a certificate prescribed  by  the  commis-
 sioner.]
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective  immediately
 the  commissioner  of motor vehicles is authorized to promulgate any and
 all rules and regulations and  take  any  other  measures  necessary  to
 implement this act on its effective date on or before such date.