S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1135
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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 restrictions
   on commercial driver's licenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 509-c of the vehicle and traffic
 law is amended by adding a new paragraph (h) to read as follows:
   (H) PERMANENTLY, IF THAT PERSON WAS  CONVICTED  OF  A  VIOLATION  THAT
 REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
   §  2. Subdivision 2 of section 509-c of the vehicle and traffic law is
 amended by adding a new paragraph (h) to read as follows:
   (H) PERMANENTLY, IF THAT PERSON WAS  CONVICTED  OF  A  VIOLATION  THAT
 REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
   §  3.  Paragraph (b) of subdivision 1 of section 509-cc of the vehicle
 and traffic law is amended by adding a new subparagraph (vi) to read  as
 follows:
   (VI)  HAS  BEEN  CONVICTED  OF  A VIOLATION THAT REQUIRES REGISTRATION
 UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
   § 4. Subdivision 2 of section 509-cc of the vehicle and traffic law is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1) PERMANENTLY, IF THAT PERSON WAS CONVICTED OF  A  VIOLATION  THAT
 REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
   §  5.   Subdivision 1 of section 510-a of the vehicle and traffic law,
 as amended by section 4 of part CC of chapter 58 of the laws of 2011, is
 amended to read as follows:
   1. Revocation. A commercial driver's license shall be revoked  by  the
 commissioner  whenever the holder is convicted within or outside of this
 state (a) of a felony involving the use of  a  motor  vehicle  except  a
 felony as described in paragraph (b) of this subdivision; (b) of a felo-
 ny involving manufacturing, distributing or dispensing a drug as defined
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06009-01-7

 S. 1135                             2
 
 in  section  one hundred fourteen-a of this chapter or possession of any
 such drug with intent to manufacture, distribute or dispense  such  drug
 in which a motor vehicle was used; (c) of a violation of subdivision one
 or  two  of  section  six  hundred  of  this chapter; (d) of operating a
 commercial motor vehicle when, as a result of prior violations committed
 while operating a commercial  motor  vehicle,  the  driver's  commercial
 driver's  license  is  revoked, suspended, or canceled, or the driver is
 disqualified from operating a commercial motor  vehicle;  (e)  has  been
 convicted  of  causing  a  fatality through the negligent operation of a
 commercial motor vehicle, including but not limited  to  the  crimes  of
 vehicular  manslaughter  or  criminally negligent homicide; [or] (f) the
 commissioner determines that the  holder  has  made  a  false  statement
 regarding  information: (i) required by the federal motor carrier safety
 improvement act of 1999 and Subpart J of Part 383 of  title  49  of  the
 code  of  federal  regulations relating to a commercial driver's license
 document in an application  for  a  commercial  driver's  license;  (ii)
 required by the federal motor carrier safety improvement act of 1999 and
 Part  383.71  (a) and (g) of title 49 of the code of federal regulations
 relating to an initial commercial driver's license or  existing  commer-
 cial  driver's  license  holder's self-certification in any of the self-
 certifications regarding the type of driving engaged or to be engaged in
 by the holder or regarding the non-applicability to the  holder  of  the
 physical  qualification requirements of the federal motor carrier safety
 improvement act of 1999 and Part 391 of title 49 of the code of  federal
 regulations  relating to qualifications of drivers; or (iii) required by
 the federal motor carrier  safety  improvement  act  of  1999  and  Part
 383.71(h)  of  title  49  of the code of federal regulations relating to
 commercial driver's license requirements in any medical certificate;  OR
 (G)  OF  ANY VIOLATION THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF
 THE CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
 PURPOSE OF DRIVING ANY BUS, AS SUCH  TERM  IS  DEFINED  IN  SECTION  ONE
 HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
 HUNDRED FORTY-TWO OF THIS CHAPTER.
   § 6. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date is authorized to be made on or
 before such effective date.