NY State Senate Bill 2019-S5203A

Senate Bill S5203A

2019-2020 Legislative Session

Provides mandatory license revocation for certain multiple traffic infractions by drivers; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jun 16, 2019	print number 5203a
Jun 16, 2019	amend (t) and recommit to transportation
Apr 16, 2019	referred to transportation

Bill Amendments

Original

A (Active)

2019-S5203 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §510 sub 2 ¶(a) sub¶ (viii), amd §510, V & T L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S764
2023-2024: S12

2019-S5203 - Summary

Provides that every person convicted within a twelve month period, or found to have violated any combination of three of the following offenses: disobeying traffic-control signal indications pursuant to section 1111 of this chapter, speeding more than ten miles per hour over the speed limit pursuant to subparagraph (ii) of paragraph one of subdivision (h) of section 1180 of this chapter, participating in a race or unauthorized speed contest pursuant to section 1182 of this chapter, overtaking a school bus pursuant to section 1174 of this chapter, reckless driving pursuant to section 1212 of this chapter, and operating a motor vehicle while using a cell phone pursuant to section 1225-c of this chapter or operating a motor vehicle while using a portable electronic device pursuant to section 1225-d of this chapter, shall be punished by a suspension of driving privileges entirely for at least one year.

2019-S5203 - Sponsor Memo

                                
 
BILL NUMBER: S5203

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to providing certain penalties for certain traffic infractions
by drivers

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will revoke the driving privileges of those who repeatedly
exhibit hazardous driving behavior and will keep New York streets safer
from dangerous drivers.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 1800 of the Vehicle and Traffic
Law by adding a new subdivision (i) that requires the revocation of a
person's driving privileges if such person is found to have committed or
violated any combination of three of the below dangerous driving
offenses within a 12 month period. The driving privileges must be
entirely revoked for at least one year and the offenses are: disobeying

a traffic control device, speeding more than 10mph over the speed limit,
participating in a race or unauthorized speed contest, overtaking a
school bus, reckless driving, failure to yield to a pedestrian and oper-
ating a motor vehicle while using a cell phone or portable electronic
device.

Section two of the bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.

 
EXISTING LAW:

Currently the addressed offenses have financial penalties and some also
have imprisonment sentences associated with the punishment for the
offenses. The Department of Motor Vehicles also has internally set regu-
lations that deal with the suspension and revocation of driving privi-
leges. Currently though, there is not a legislative standard for driv-
er's license revocation for repeat violators of vehicle and traffic laws
designed to keep New Yorkers safe.

 
JUSTIFICATION:

On January 14th, 2019 there were 17 car crashes within the confines of
the 68th precinct of the New York Police Department (NYPD) according to
reporting by the Brooklyn Reporter on January 16th, 2019.  The confines
of the 68th Precinct, one of just 77 police precinct s in New York City,
which includes Bay Ridge and Dyker Heights of my Senatorial District,
experienced 3,312 traffic accidents from June 2017-June 2018. The number
of accidents is 400 more than the average number of collisions in the
five boroughs' other precincts according to reporting by NY1 on January
17th, 2019.

Furthermore, the published statistics on moving violation trends and the
number of fines issued per moving violation in each precinct by the New
York City Police Department highlights the urgency of this legislation.
From January 1 until the end of February of 2019, the entire New-York
City Police Department issued 41,225 fines for disobeying traffic
control devices, 27,298 fines for speeding, 12,756 fines for red light
infractions, 10,594 fines for seat belt violations and 10,502 fines for
failure to yield the right of way to pedestrians. Similarly, from Janu-
ary 1 until the end of February of 2019, Patrol Borough Brooklyn South
issued 4,816 fines for disobeying traffic control devices, 2,424 fines
for red light infractions, 1,943 fines for seat belt violations, 1,737
fines for failure to yield the right of way to pedestrians and 1,713
fines for speeding.

The prevalence of hazardous driving in New York City is unacceptable and
the legislature must do more to keep dangerous, repeat offenders of
moving violations off of the road and away from the steering wheel.

The families and the children of New York should not have to be fearful
of walking to school. School bus drivers should not have to be fearful
of dropping off children. Pedestrians should not have to be fearful of
walking around in their neighborhoods. And, without legislative action
to further deter these dangerous drivers - districts like mine will
continue to suffer.

Holding dangerous drivers accountable by revoking the licenses of repeat
offenders of moving violations that endanger the lives of those in our
communities is a necessary and overdue action.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The act shall take effect on the sixtieth day after it shall have become
a law.

2019-S5203 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5203
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 providing
   certain penalties for certain traffic infractions by drivers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1800 of the vehicle and traffic law is amended by
 adding a new subdivision (i) to read as follows:
   (I) EVERY PERSON CONVICTED WITHIN A TWELVE-MONTH PERIOD, OR  FOUND  TO
 HAVE  VIOLATED ANY COMBINATION OF THREE OF THE FOLLOWING OFFENSES: DISO-
 BEYING TRAFFIC-CONTROL SIGNAL INDICATIONS  PURSUANT  TO  SECTION  ELEVEN
 HUNDRED  ELEVEN  OF  THIS CHAPTER, SPEEDING MORE THAN TEN MILES PER HOUR
 OVER THE SPEED LIMIT PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  ONE  OF
 SUBDIVISION  (H)  OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF THIS CHAPTER,
 PARTICIPATING IN A  RACE  OR  UNAUTHORIZED  SPEED  CONTEST  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED EIGHTY-TWO OF THIS CHAPTER, OVERTAKING A SCHOOL
 BUS PURSUANT TO SECTION ELEVEN HUNDRED  SEVENTY-FOUR  OF  THIS  CHAPTER,
 RECKLESS DRIVING PURSUANT TO SECTION TWELVE HUNDRED TWELVE OF THIS CHAP-
 TER,  FAILURE  TO  YIELD  TO  A PEDESTRIAN AND OPERATING A MOTOR VEHICLE
 WHILE  USING  A  CELL  PHONE  PURSUANT   TO   SECTION   TWELVE   HUNDRED
 TWENTY-FIVE-C OF THIS CHAPTER OR OPERATING A MOTOR VEHICLE WHILE USING A
 PORTABLE  ELECTRONIC  DEVICE  PURSUANT TO SECTION TWELVE HUNDRED TWENTY-
 FIVE-D OF THIS CHAPTER, SUCH PERSON SHALL BE PUNISHED BY A SUSPENSION OF
 DRIVING PRIVILEGES ENTIRELY FOR AT LEAST ONE YEAR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11130-02-9

2019-S5203A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Rpld §510 sub 2 ¶(a) sub¶ (viii), amd §510, V & T L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S764
2023-2024: S12

2019-S5203A (ACTIVE) - Summary

2019-S5203A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5203A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to providing certain mandatory license revocation for certain
traffic infractions by drivers; and to repeal certain provisions of such
law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will revoke the driving privileges of those who repeatedly
exhibit hazardous driving behavior and will keep New York streets safer
from dangerous drivers.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 510 of the Vehicle and Traffic
Law by adding a new subparagraph (xiv) that requires the revocation of a
person's driving privileges if such person is found to have committed or
violated any combination of three of the below dangerous driving
offenses within a 12 month period. The driving privileges must be

entirely revoked for at least one year and the offenses are: disobeying
a traffic control device, speeding more than 10mph over the speed limit,
participating in a race or unauthorized speed contest, overtaking a
school bus, reckless driving, failure to yield to a pedestrian and oper-
ating a motor vehicle while using a cell phone or portable electronic
device.

Section two of the bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.

 
EXISTING LAW:

Currently the addressed offenses have financial penalties and some also
have imprisonment sentences associated with the punishment for the
offenses. The Department of Motor Vehicles also has internally set regu-
lations that deal with the suspension and revocation of driving privi-
leges. Currently though, there is not a legislative standard for driv-
er's license revocation for repeat violators of vehicle and traffic laws
designed to keep New Yorkers safe.

 
JUSTIFICATION:
  On January 14th, 2019 there were 17 car crashes within the confines of
the  68th precinct of the New York Police Department (NYPD) according to
reporting by the Brooklyn Reporter on January 16th, 2019.  The  confines
of  the 68th Precinct, one of just 77 police precincts in New York City,
which includes Bay Ridge and Dyker Heights of  my  Senatorial  District,
experienced 3,312 traffic accidents from June 2017-June 2018. The number
of  accidents  is  400 more than the average number of collisions in the
five boroughs' other precincts according to reporting by NY1 on  January
17th, 2019.

Furthermore, the published statistics on moving violation trends and the
number  of fines issued per moving violation in each precinct by the New
York City Police Department highlights the urgency of this  legislation.
From  January  1  until the end of February of 2019, the entire New York
City Police  Department  issued  41,225  fines  for  disobeying  traffic
control  devices,  27,298 fines for speeding, 12,756 fines for red light
infractions, 10,594 fines for seat belt violations and 10,502 fines  for
failure  to yield the right of way to pedestrians. Similarly, from Janu-
ary 1 until the end of February of 2019, Patrol Borough  Brooklyn  South
issued  4,816  fines for disobeying traffic control devices, 2,424 fines
for red light infractions, 1,943 fines for seat belt  violations,  1,737
fines  for  failure  to  yield the right of way to pedestrians and 1,713
fines for speeding.

The prevalence of hazardous driving in New York City is unacceptable and
the legislature must do more to  keep  dangerous,  repeat  offenders  of
moving violations off of the road and away from the steering wheel.

The  families and the children of New York should not have to be fearful
of walking to school. School bus drivers should not have to  be  fearful
of  dropping  off children. Pedestrians should not have to be fearful of
walking around in their neighborhoods. And, without  legislative  action
to  further  deter  these  dangerous  drivers - districts like mine will
continue to suffer.

Holding dangerous drivers accountable by revoking the licenses of repeat
offenders of moving violations that endanger the lives of those  in  our
communities is a necessary and overdue action.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The  act  shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S5203A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5203--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Transportation -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to providing
   certain mandatory license revocation for certain  traffic  infractions
   by  drivers;  and  to  repeal  certain provisions of such law relating
   thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (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, is amended and a new subpara-
 graph (xiv) is added to read as follows:
   (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[.]; OR
   (XIV) WITHIN A TWELVE MONTH PERIOD, OF ANY COMBINATION OF THREE OF THE
 FOLLOWING OFFENSES: DISOBEYING TRAFFIC-CONTROL SIGNAL INDICATIONS PURSU-
 ANT TO SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, SPEEDING MORE THAN
 TEN MILES PER HOUR OVER THE SPEED LIMIT PURSUANT TO SUBPARAGRAPH (II) OF
 PARAGRAPH  ONE  OF  SUBDIVISION  (H) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS CHAPTER, PARTICIPATING IN A  RACE  OR  UNAUTHORIZED  SPEED  CONTEST
 PURSUANT  TO SECTION ELEVEN HUNDRED EIGHTY-TWO OF THIS CHAPTER, OVERTAK-
 ING A SCHOOL BUS PURSUANT TO SUBDIVISION (A) OF SECTION  ELEVEN  HUNDRED
 SEVENTY-FOUR  OF  THIS  CHAPTER,  RECKLESS  DRIVING  PURSUANT TO SECTION
 TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND  OPERATING  A  MOTOR  VEHICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11130-03-9

 S. 5203--A                          2
 
 WHILE   USING   A   CELL   PHONE  PURSUANT  TO  SECTION  TWELVE  HUNDRED
 TWENTY-FIVE-C OF THIS CHAPTER OR OPERATING A MOTOR VEHICLE WHILE USING A
 PORTABLE ELECTRONIC DEVICE PURSUANT TO SECTION  TWELVE  HUNDRED  TWENTY-
 FIVE-D  OF THIS CHAPTER, FOR AT LEAST ONE YEAR, IN ADDITION TO ANY OTHER
 PENALTIES IMPOSED BY ANY PROVISION OF LAW.
   § 2. Subparagraph (viii) of paragraph (a) of subdivision 2 of  section
 510 of the vehicle and traffic law is REPEALED.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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