Assembly Bill A6638

2025-2026 Legislative Session

Relates to driving while ability impaired by fatigue and aggravated driving while ability impaired by fatigue

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Current Bill Status - In Assembly 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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2025-A6638 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1212-a, V & T L

2025-A6638 (ACTIVE) - Summary

Relates to driving while ability impaired by fatigue and aggravated driving while ability impaired by fatigue; makes aggravated driving while ability impaired by fatigue a misdemeanor.

2025-A6638 (ACTIVE) - Bill Text download pdf 

                             
                     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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