assembly Bill A8881A

2019-2020 Legislative Session

Redefines reckless driving to be dangerous driving

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2020 print number 8881a
Mar 04, 2020 amend (t) and recommit to transportation
Jan 08, 2020 referred to transportation
Dec 18, 2019 referred to transportation

Co-Sponsors

A8881 - Details

See Senate Version of this Bill:
S7894
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1212, 509-e, 510-a, 516-b, 530, 1696, 1699 & 1810, V & T L; amd §§2335 & 3425, Ins L; amd §§120.04-a, 125.14 & 270.25, Pen L; amd §§2408 & 2411, UDCA; amd §19-506, NYC Ad Cd

A8881 - Summary

Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.

A8881 - Bill Text download pdf


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

                                  8881

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2019
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
  penal law, the uniform district court act, and the administrative code
  of  the  city  of New York, in relation to replacing the term reckless
  driving with aggressive driving

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1212 of the vehicle and traffic law, as added by
chapter 47 of the laws of 1988, is amended to read as follows:
  § 1212. [Reckless] AGGRESSIVE driving. [Reckless]  AGGRESSIVE  driving
shall  mean  driving or using any motor vehicle, motorcycle or any other
vehicle propelled by any power other than muscular power or  any  appli-
ance or accessory thereof in a manner which unreasonably interferes with
the free and proper use of the public highway, or unreasonably endangers
users  of the public highway. [Reckless] AGGRESSIVE driving is prohibit-
ed. Every person violating this provision shall be guilty of a misdemea-
nor.
  § 2. Section 509-e of the vehicle and traffic law, as amended by chap-
ter 853 of the laws of 1975, is amended to read as follows:
  § 509-e. Annual review of driving record. Each motor carrier shall, at
least once every twelve months, review the driving record  of  each  bus
driver  it  employs  to  determine  whether  that  driver  meets minimum
requirements for safe driving and is qualified to drive a  bus  pursuant
to  section  five hundred nine-b of this article. In reviewing a driving
record, the motor carrier must consider any evidence that the bus driver
has violated applicable provisions of the vehicle and traffic  law.  The
motor  carrier  must  also consider the driver's accident record and any
evidence that the driver has violated laws governing  the  operation  of
motor  vehicles,  such  as  speeding, [reckless] AGGRESSIVE driving, and
operating while under the influence of alcohol or drugs,  that  indicate

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

Co-Sponsors

A8881A (ACTIVE) - Details

See Senate Version of this Bill:
S7894
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1212, 509-e, 510-a, 516-b, 530, 1696, 1699 & 1810, V & T L; amd §§2335 & 3425, Ins L; amd §§120.04-a, 125.14 & 270.25, Pen L; amd §§2408 & 2411, UDCA; amd §19-506, NYC Ad Cd

A8881A (ACTIVE) - Summary

Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.

A8881A (ACTIVE) - Bill Text download pdf


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

                                 8881--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2019
                               ___________

Introduced  by  M.  of  A. QUART, NOLAN -- read once and referred to the
  Committee on Transportation -- recommitted to the Committee on  Trans-
  portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
  penal law, the uniform district court act, and the administrative code
  of the city of New York, in relation to redefining reckless driving as
  dangerous driving

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The Legislature recognizes the  height-
ened  responsibility of operating a multi-ton car or truck and that such
motor vehicle is a dangerous instrument under  state  law  that,  in  an
instant,  can  cause lethal physical harm. For example, when operating a
car at 30 miles per hour the average risk of  a  pedestrian  dying  upon
impact  with  such car is 40%, at 40 miles per hour the risk of death is
80%, and at speeds greater than 50 miles  per  hour  the  likelihood  of
death is near certain at nearly 100%.
  When  deaths resulting from alcohol-impaired driving were reduced from
approximately 30,000 annually in  the  early  1980s  across  the  United
States to approximately 10,000 annually in recent years, that remarkable
reduction  was  achieved in part by the certainty experienced by drivers
that they would suffer legal consequences for driving impaired and risk-
ing the lives of themselves and others, resulting from changes  in  laws
prohibiting impaired driving. However, that certainty does not exist for
other  types  of dangerous driving. A 2016 survey by the National Safety
Council showed that "[a]lthough 83% of drivers surveyed believe  driving
is  a safety concern, a startling number say they are comfortable speed-
ing (64%) [and]  texting  either  manually  or  through  voice  controls
(47%),"  whereas  far fewer (10%) say they are comfortable driving after

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