S T A T E O F N E W Y O R K
________________________________________________________________________
5009
2019-2020 Regular Sessions
I N A S S E M B L Y
February 6, 2019
___________
Introduced by M. of A. RAIA, McDONOUGH, MALLIOTAKIS, FINCH -- Multi-
Sponsored by -- M. of A. BLANKENBUSH, FITZPATRICK, GIGLIO, HAWLEY,
M. L. MILLER, THIELE -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to increasing
the penalties for violations relating to the licensing of drivers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 318 of the vehi-
cle and traffic law is amended to read as follows:
(b) Such motor vehicle shall not be registered in the name of such
person, or in any other name where the commissioner has reasonable
grounds to believe that such registration will have the effect of
defeating the purpose of this article, and no other motor vehicle shall
be registered in the name of such person, nor any driver's license
issued to such person, for a period of [one year] EIGHTEEN MONTHS from
the date of such revocation.
§ 2. Paragraph (b) of subdivision 4 of section 318 of the vehicle and
traffic law is amended to read as follows:
(b) Such non-resident privileges shall not be restored for a period of
[one year] EIGHTEEN MONTHS from the date of such revocation.
§ 3. Paragraph (b) of subdivision 5 of section 318 of the vehicle and
traffic law is amended to read as follows:
(b) No new driver's license shall be issued, or non-resident privilege
restored to such person for a period of [one year] EIGHTEEN MONTHS from
the date of such revocation.
§ 4. Subdivision 9 of section 318 of the vehicle and traffic law, as
amended by chapter 1025 of the laws of 1971, is amended to read as
follows:
9. (a) If a motor vehicle has been involved in an accident, and its
registration or the driver's license of its operator, or both, have been
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07953-01-9
A. 5009 2
revoked pursuant to this section, then neither such vehicle nor any
other motor vehicle shall be registered or reregistered in the name of
its owner or of any other person legally responsible for its use, nor
shall any driver's license be issued to such owner, person or operator
until [one year has] EIGHTEEN MONTHS HAVE passed since the date of such
revocation and, as the case may be, the commissioner has received the
payments and evidence required by paragraph (c) [below] OF THIS SUBDIVI-
SION.
(b) If a motor vehicle not registered in this state is involved in an
accident in this state and the privilege of its operation within this
state has been revoked, then neither its owner, any person legally
responsible for its use nor its operator shall exercise the privilege of
the operation of such vehicle within this state or the privilege of
operation within this state of any motor vehicle, until [one year has]
EIGHTEEN MONTHS HAVE passed since the date of revocation and, as the
case may be, the commissioner has received the payments and evidence as
required in PARAGRAPH (c) [below] OF THIS SUBDIVISION.
(c) The payments and evidence referred to in paragraphs (a) and (b)
[above] OF THIS SUBDIVISION shall be evidence, satisfactory to the
commissioner,
(1) That no cause of action based upon such accident against such
owner, person legally responsible or operator has been commenced within
a period of [one year] EIGHTEEN MONTHS from the date of the accident or
a release thereof has been given to such owner, person or operator, or
(2) That no judgment arising out of such cause of action for amounts
within the limits stated in paragraph (a) of subdivision four of section
three hundred eleven OF THIS ARTICLE against such owner, person or oper-
ator remains unsatisfied, except that such registration and licensing
privileges may be restored on compliance with the procedures permitting
the payment of a judgment in installments provided in section three
hundred thirty-four OF THIS TITLE and
(3) That all civil penalties required to be paid to the department
pursuant to the provisions of subdivision five of section three hundred
nineteen of this [chapter] ARTICLE have been paid.
§ 5. Subdivision 15 of section 318 of the vehicle and traffic law, as
amended by chapter 186 of the laws of 1985, is amended and a new subdi-
vision 16 is added to read as follows:
15. Notwithstanding any provisions of this section, a restricted use
license or privilege of operating a motor vehicle in this state may be
issued to a person who has had his OR HER license or such privilege
revoked or suspended pursuant to any provision of this section in
accordance with article twenty-one-A of this chapter. NO RESTRICTED USE
LICENSE OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS STATE MAY BE
ISSUED TO A PERSON WHO HAS HAD HIS OR HER LICENSE OR SUCH PRIVILEGE
REVOKED OR SUSPENDED PURSUANT TO ANY PROVISION OF THIS SECTION TWICE
WITHIN EIGHTEEN MONTHS.
16. ANY PERSON WHO HAS HAD HIS OR HER LICENSE OR PRIVILEGE OF OPERAT-
ING A MOTOR VEHICLE IN THIS STATE REVOKED OR SUSPENDED PURSUANT TO ANY
PROVISION OF THIS SECTION THREE OR MORE TIMES WITHIN EIGHTEEN MONTHS
SHALL HAVE HIS OR HER LICENSE OR SUCH PRIVILEGE REVOKED PERMANENTLY.
§ 6. Subdivisions 1 and 5 of section 319 of the vehicle and traffic
law, as amended by section 11 of part C of chapter 62 of the laws of
2003, are amended to read as follows:
1. Any owner of a motor vehicle registered in this state, or an unreg-
istered motor vehicle, who shall operate such motor vehicle or permit it
to be operated in this state without having in full force and effect the
A. 5009 3
financial security required by the provisions of this chapter and any
other person who shall operate in this state any motor vehicle regis-
tered in this state, or an unregistered motor vehicle, with the know-
ledge that the owner thereof does not have in full force and effect such
proof of financial security, except a person who, at the time of opera-
tion of such motor vehicle, had in effect an operator's policy of
liability insurance, as defined in section three hundred eighteen OF
THIS ARTICLE, with respect to his operation of such vehicle shall be
guilty of a [traffic infraction and upon conviction may be fined not
less than one hundred fifty dollars or more than one thousand five
hundred dollars or may be imprisoned for not more than fifteen days or
both] MISDEMEANOR. In addition to the penalties [herein] set forth IN
THIS SECTION, such person, upon conviction, shall also become liable for
payment to the department of the civil penalty provided in subdivision
five of this section.
5. The civil penalty for a violation of subdivision one of this
section shall be [seven hundred fifty] ONE THOUSAND dollars.
§ 7. Subdivision 11 of section 509 of the vehicle and traffic law, as
amended by section 3 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
11. (A) A violation of any provision of this section shall be punisha-
ble by a fine of not less than seventy-five nor more than three hundred
dollars, or by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of failure
to renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of subdivision
[seven or] eight of this section shall be punishable by a fine of not
more than seventy-five dollars.
(B) A SECOND OR SUBSEQUENT VIOLATION OF ANY PROVISION OF THIS SECTION,
EXCEPT FOR A VIOLATION FOR FAILURE TO RENEW A LICENSE WHICH WAS VALID
WITHIN SIXTY DAYS OR FOR A VIOLATION OF SUBDIVISION EIGHT OF THIS
SECTION, SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN SEVENTY-FIVE NOR
MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN
NINETY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
§ 8. Paragraph (a) of subdivision 1 of section 511 of the vehicle and
traffic law, as amended by chapter 173 of the laws of 1990, is amended
to read as follows:
(a) A person is guilty of the offense of aggravated unlicensed opera-
tion of a motor vehicle in the third degree when such person operates a
motor vehicle upon a public highway while knowing or having reason to
know that such person's license or privilege of operating such motor
vehicle in this state or privilege of obtaining a license to operate
such motor vehicle issued by the commissioner is suspended, revoked or
otherwise withdrawn by the commissioner, OR WHEN SUCH PERSON OPERATES A
MOTOR VEHICLE WITHOUT BEING DULY LICENSED PURSUANT TO SECTION FIVE
HUNDRED TWO OF THIS TITLE AND SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED
FOR A VIOLATION OF SECTION FIVE HUNDRED NINE OF THIS TITLE WITHIN THE
IMMEDIATELY PRECEDING EIGHTEEN MONTHS. FOR THE PURPOSE OF THIS PARA-
GRAPH, A PERSON WHO HAS IN EFFECT THREE OR MORE SUSPENSIONS OR REVOCA-
TIONS OF HIS OR HER LICENSE, IMPOSED ON AT LEAST THREE SEPARATE DATES,
SHALL BE PRESUMED TO KNOW THAT SUCH LICENSE WAS SUSPENDED OR REVOKED.
§ 9. Paragraph (b) of subdivision 2 of section 511 of the vehicle and
traffic law, as amended by chapter 607 of the laws of 1993, is amended
to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the second
degree is a [misdemeanor] CLASS E FELONY. When a person is convicted of
A. 5009 4
this crime under subparagraph (i) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine of not less than five
hundred dollars; and (ii) a term of imprisonment not to exceed one
hundred eighty days; or (iii) where appropriate a sentence of probation
as provided in subdivision six of this section; or (iv) a term of impri-
sonment as a condition of a sentence of probation as provided in the
penal law and consistent with this section. When a person is convicted
of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of
this subdivision, the sentence of the court must be: (i) a fine of not
less than five hundred dollars nor more than one thousand dollars; and
(ii) a term of imprisonment of not less than seven days nor more than
one hundred eighty days, or (iii) where appropriate a sentence of
probation as provided in subdivision six of this section; or (iv) a term
of imprisonment as a condition of a sentence of probation as provided in
the penal law and consistent with this section.
§ 10. Subparagraph (ii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
(ii) 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 such person has in
effect [ten] FIVE or more suspensions, imposed on at least [ten] FIVE
separate dates for failure to answer, appear or pay a fine, pursuant to
subdivision three of section two hundred twenty-six of this chapter or
subdivision four-a of section five hundred ten of this article; or
§ 11. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of the laws
of 1990, is amended to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the first
degree is a class [E] D felony. When a person is convicted of this
crime, the sentence of the court must be: (i) a fine in an amount not
less than five hundred dollars nor more than five thousand dollars; and
(ii) a term of imprisonment as provided in the penal law, or (iii) where
appropriate and a term of imprisonment is not required by the penal law,
a sentence of probation as provided in subdivision six of this section,
or (iv) a term of imprisonment as a condition of a sentence of probation
as provided in the penal law.
§ 12. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.