S T A T E O F N E W Y O R K
________________________________________________________________________
7397
2023-2024 Regular Sessions
I N S E N A T E
May 22, 2023
___________
Introduced by Sen. GIANARIS -- 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 the suspen-
sion and revocation of certain learner's permits and the return of
numbered plates and registration suspensions in certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivision 1 of section 510-c of
the vehicle and traffic law, as amended by chapter 403 of the laws of
2009, are amended to read as follows:
Suspension and revocation of learner's permits and driver's licenses
for violations committed by holders of class DJ or class MJ learner's
permits or licenses, OR FOR THOSE OVER THE AGE OF EIGHTEEN WITH A
LEARNER'S PERMIT. 1. (a) A learner's permit or a driver's license shall
be suspended for a period of sixty days:
(i) upon a conviction or finding of a serious traffic violation as
defined in subdivision two of this section, when such violation was
committed while the holder had a class DJ or class MJ learner's permit
or a class DJ or MJ license, OR FOR THOSE OVER THE AGE OF EIGHTEEN WITH
A LEARNER'S PERMIT; or
(ii) upon the second conviction or finding of such permit or license
holder of a violation of any other provision of this chapter or any
other law, ordinance, order, rule or regulation relating to traffic, and
when such violation was committed while such holder had a class DJ or
class MJ learner's permit or a class DJ or MJ license, OR FOR THOSE OVER
THE AGE OF EIGHTEEN WITH A LEARNER'S PERMIT.
(b) A learner's permit or a driver's license shall be revoked for a
period of sixty days upon the conviction or finding of the permit or
license holder of a violation or violations, committed within six months
after the restoration of such permit or license suspended pursuant to
paragraph (a) of this subdivision, which convictions or findings would
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10914-05-3
S. 7397 2
result in the suspension of such permit or license pursuant to paragraph
(a) of this subdivision.
(C) A LEARNER'S PERMIT SHALL BE SUSPENDED FOR A PERIOD OF SIXTY DAYS
UPON A CONVICTION OR FINDING THAT THEY DID NOT ABIDE BY THE FOLLOWING
PRACTICES:
(I) OPERATING A VEHICLE WITHOUT A SUPERVISING DRIVER TWENTY-ONE YEARS
OF AGE OR OLDER WITH A VALID LICENSE TO OPERATE THE TYPE OF VEHICLE THE
PERMIT HOLDER IS IN.
(II) OPERATING A VEHICLE THAT CONTAINS HAZARDOUS MATERIALS.
(III) OPERATING A VEHICLE WHEN MORE THAN ONE PASSENGER UNDER THE AGE
OF TWENTY-ONE WHO IS NOT A FAMILY MEMBER IS IN THE VEHICLE. THIS DOES
NOT APPLY IF THE SUPERVISING DRIVER IS A PARENT, GUARDIAN, DRIVER EDUCA-
TION TEACHER OR DRIVING SCHOOL INSTRUCTOR.
(IV) OPERATING A VEHICLE WHEN A PASSENGER IS SEATED IN THE FRONT SEAT,
EXCEPT FOR THE SUPERVISING DRIVER.
(V) WHEN A VEHICLE IS OPERATED BY A DRIVER WHO HAS A CLASS DJ
LEARNER'S PERMIT, EVERY PASSENGER IN THE VEHICLE MUST USE A SAFETY
RESTRAINT (A SEAT BELT, A COMBINATION SEAT BELT AND SHOULDER HARNESS, A
CHILD RESTRAINT SEAT).
§ 2. The vehicle and traffic law is amended by adding a new section
607 to read as follows:
§ 607. ACCIDENTS; WHEN PLATES ARE RETURNED AND REGISTRATION IS
SUSPENDED. 1. IF AN OPERATOR OF A MOTOR VEHICLE OR MOTORCYCLE WHO HOLDS
A LEARNER'S PERMIT OR CLASS DJ OR MJ LICENSE IS INVOLVED IN AN ACCIDENT
OCCURRING IN THIS STATE RESULTING IN DEATH OR BODILY INJURIES TO ANY
PERSON, THE OPERATOR SHALL, THE NEXT DAY THE DMV IS OPEN OR WITHIN
FORTY-EIGHT HOURS OF THE ACCIDENT, SURRENDER THE NUMBER PLATES TO SUCH
MOTOR VEHICLE OR MOTORCYCLE TO THE DEPARTMENT, AND SHALL HAVE ANY MOTOR
VEHICLE REGISTRATIONS WHICH BELONG TO SUCH OPERATOR IMMEDIATELY
SUSPENDED.
2. Within fourteen days, the operator shall be heard pursuant to para-
graph a of subdivision three of section five hundred ten of this chapter
to determine if number plates shall be returned and/or registration
suspensions shall be reinstated.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.