NY State Senate Bill 2023-S7397

Senate Bill S7397

2023-2024 Legislative Session

Relates to the suspension and revocation of certain learner's permits and the return of numbered plates and registration suspensions in certain circumstances

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Current 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 03, 2024	referred to transportation
May 22, 2023	referred to transportation

co-Sponsors

2023-S7397 (ACTIVE) - Details

See Assembly Version of this Bill:: A7732
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §510-c, add §607, V & T L

2023-S7397 (ACTIVE) - Summary

Provides for the suspension and revocation of certain learner's permits, and the return of numbered plates and registration suspensions in certain circumstances.

2023-S7397 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7397

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

This bill amends vehicle and traffic law to expand the list of
violations that will result in suspension of learner's permits, and sets
forth procedure for surrender of license plates and suspension of regis-
tration in certain circumstances involving permitted and junior licensed
drivers involved in accidents.

 
SUMMARY OF PROVISIONS:

Section 1 amends the section heading and subdivision 1 of section 510-c
of the vehicle and traffic law to include the suspension of learner's
permits for those over the age of 18 for serious traffic violations

committed by such holders. This section also adds the suspension of a
learner's permit operator over the age of 18 upon the second conviction
or finding of a violation of any other provision of this chapter or any
other law, ordinance, order, rule or regulation relating to traffic by
holders of permits and junior licenses. These violations include any
violation of vehicle and traffic law such as failing to follow the
"Rules of the Road" (NY CLS Veh & Tr, Title VII).

Further amended to include the suspension of a learner's permit for a
period of sixty days upon a conviction or finding that the holder
violated one of the rules for permitted drivers, which include:  oper-
ated 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; operated a vehicle containing hazardous materials; oper-
ated a vehicle when more than one passenger under the age of twenty-one
who is not a family member is in the vehicle and without another valid
exception; operated a vehicle when a passenger is seated in the front
seat, except for the supervising driver; operated a vehicle with improp-
er use of safety restraints.

Section two adds a new section 607 to the vehicle and traffic law to
require the surrender of license plates on a vehicle or motorcycle when
a permitted or junior licensed driver is the operator of such vehicle or
motorcycle and is involved in an accident which causes bodily injury or
death to a person. The operator will then be heard by the DMV within 14
days of the accident to determine whether license plates shall be
returned and registrations shall be reinstated.

Section 3 sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:


This legislation addresses the gap in penalties for holders of learner's
permits and expands consequences for those holding a DJ or MJ license or
permit, and those over the age of 18 with a permit, when they are
involved in an accident which causes bodily harm or death of any person.

In 2021 drivers age 17 and under were responsible for more than 10,000
accidents in New York State, 11 of which ended in fatality, The prelimi-
nary data for 2022 shows that the same age group was responsible for
more than 9,000 accidents in the state, 22 of which ended in fatality.
Instances in which a permitted or junior licensed driver causes injury
or death have been prevalent in recent news, and at times these drivers
have also been involved in a similar accident months earlier. The taking
of license plates and the suspension of registrations in these circum-
stances will allow time for action to be taken so that there will not be
repeat occurrences of these tragedies.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

N/A

 
LOCAL FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2023-S7397 (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S7397

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Sponsored By

Michael Gianaris