S T A T E O F N E W Y O R K
________________________________________________________________________
6638
2025-2026 Regular Sessions
I N A S S E M B L Y
March 6, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to driving
while ability impaired by fatigue and aggravated driving while ability
impaired by fatigue
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1212-a to read as follows:
§ 1212-A. DRIVING WHILE ABILITY IMPAIRED BY FATIGUE; AGGRAVATED DRIV-
ING WHILE ABILITY IMPAIRED BY FATIGUE. (A) DRIVING WHILE ABILITY
IMPAIRED BY FATIGUE. A PERSON COMMITS THE OFFENSE OF DRIVING WHILE ABIL-
ITY IMPAIRED BY FATIGUE WHEN SUCH PERSON DRIVES, OPERATES OR USES ANY
MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHICLE PROPELLED BY ANY POWER
OTHER THAN MUSCULAR POWER OR ANY APPLIANCE OR ACCESSORY THEREOF WHILE
SUCH PERSON'S ABILITY OR ALERTNESS IS SO IMPAIRED, OR SO LIKELY TO
BECOME IMPAIRED, THROUGH FATIGUE AS TO MAKE IT UNSAFE FOR SUCH PERSON TO
BEGIN OR CONTINUE TO OPERATE SAID MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER
VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR ANY APPLI-
ANCE OR ACCESSORY THEREOF. DRIVING WHILE ABILITY IMPAIRED BY FATIGUE IS
PROHIBITED.
(B) AGGRAVATED DRIVING WHILE ABILITY IMPAIRED BY FATIGUE. A PERSON
COMMITS THE OFFENSE OF AGGRAVATED DRIVING WHILE ABILITY IMPAIRED BY
FATIGUE WHEN SUCH PERSON COMMITS THE OFFENSE OF DRIVING WHILE ABILITY
IMPAIRED BY FATIGUE AS DEFINED IN SUBDIVISION (A) OF THIS SECTION AND
SUCH PERSON THEREBY CAUSES: (I) SERIOUS PHYSICAL INJURY AS DEFINED IN
SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW; OR (II) THE DEATH OF
ANY PERSON. AGGRAVATED DRIVING WHILE ABILITY IMPAIRED BY FATIGUE IS
PROHIBITED. AGGRAVATED DRIVING WHILE ABILITY IMPAIRED BY FATIGUE IS A
MISDEMEANOR.
§ 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.
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