senate Bill S729

2015-2016 Legislative Session

Relates to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree; repealer

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Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2016 referred to transportation
delivered to assembly
passed senate
May 16, 2016 advanced to third reading
May 11, 2016 2nd report cal.
May 10, 2016 1st report cal.768
Jan 06, 2016 referred to transportation
returned to senate
died in assembly
Jun 11, 2015 referred to transportation
delivered to assembly
passed senate
Jun 10, 2015 ordered to third reading cal.1431
committee discharged and committed to rules
Jan 07, 2015 referred to transportation

Co-Sponsors

S729 - Bill Details

See Assembly Version of this Bill:
A2909
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §511, rpld §511 sub 2 ¶(a) sub¶ (iv), V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1503A, A9623
2011-2012: S945
2009-2010: S606

S729 - Bill Texts

view summary

Reduces the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree from ten or more suspensions to five or more suspensions which have to be imposed on at least five separate dates.

view sponsor memo
BILL NUMBER: S729

TITLE OF BILL : An act to amend the vehicle and traffic law, in
relation to the number of prior suspensions needed to qualify for
aggravated unlicensed operation in the first degree and repealing
subparagraph (iv) of paragraph (a) of subdivision 2 of section 511 of
such law relating thereto

PURPOSE :

This bill decreases the number of prior suspensions needed to qualify
for aggravated unlicensed operation in the first degree from ten prior
suspensions to five prior suspensions.

SUMMARY OF PROVISIONS :

Section 511 (3)(a) of the Vehicle and Traffic Law, which is an element
of aggravated unlicensed operation in the first degree, is amended to
require five or more suspensions for failure to answer, appear, or pay
a fine rather than ten or more separate suspensions.

JUSTIFICATION :

Under this legislation a person may be prosecuted for aggravated
unlicensed operation in the first degree when such person has five or
more suspensions for failure to answer, appear, or pay a fine. Under
current law the person must have had ten such suspensions to be
prosecuted for aggravated unlicensed operation of a motor vehicle in
the first degree. The dangers posed by unlicensed drivers to
pedestrians and other motorists in New York State are well documented.
Numerous deaths have been caused by these drivers.

LEGISLATIVE HISTORY :

2002-2008: Passed Senate.
2009-10: Senate Transportation.
2011-14: Passed Senate.

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   729

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  number
  of prior suspensions needed to qualify for aggravated unlicensed oper-
  ation in the first degree and repealing subparagraph (iv) of paragraph
  (a) of subdivision 2 of section 511 of such law relating thereto

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

  Section 1. Paragraph (a) of subdivision 3 of section 511 of the  vehi-
cle  and  traffic  law,  as  amended by chapter 732 of the laws of 2006,
subparagraph (iii) as amended and subparagraph (iv) as added by  chapter
169 of the laws of 2013, is amended to read as follows:
  (a)  A person is guilty of the offense of aggravated unlicensed opera-
tion of a motor vehicle in  the  first  degree  when  such  person:  (i)
commits  the offense of aggravated unlicensed operation of a motor vehi-
cle in the second degree as provided in subparagraph  (ii)[,]  OR  (iii)
[or  (iv)]  of  paragraph  (a) of subdivision two of this section and is
operating a motor vehicle while under the influence of alcohol or a drug
in violation of subdivision one, two, two-a, three, four, four-a or five
of section eleven hundred ninety-two of this chapter; or
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree  as  defined  in  subdivision  one  of  this
section;  and  is  operating  a  motor  vehicle while such person has in
effect [ten] FIVE or more suspensions, imposed on at  least  [ten]  FIVE
separate  dates for failure to answer, appear or pay a fine, pursuant to
subdivision three of section two hundred twenty-six of this  chapter  or
subdivision four-a of section five hundred ten of this article; or
  (iii)  commits  the  offense  of  aggravated unlicensed operation of a
motor vehicle in the third degree as defined in subdivision one of  this
section;  and is operating a motor vehicle while under permanent revoca-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02396-01-5

S. 729                              2

tion as set forth in subparagraph twelve of paragraph (b) of subdivision
two of section eleven hundred ninety-three of this chapter; or
  (iv)  operates  a  motor vehicle upon a public highway while holding a
conditional license issued pursuant  to  paragraph  (a)  of  subdivision
seven  of  section eleven hundred ninety-six of this chapter while under
the influence of alcohol or a drug in violation of subdivision one, two,
two-a, three, four, four-a or five of section eleven hundred  ninety-two
of this chapter.
  S  2.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
511 of the vehicle and traffic law is REPEALED.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

senate Bill S730

2015-2016 Legislative Session

Prohibits the use of dashboard computers while operating a motor vehicle

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to transportation
Jan 07, 2015 referred to transportation

S730 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1225-e, V & T L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1482
2011-2012: S1000
2009-2010: S6802

S730 - Bill Texts

view summary

Prohibits the use of dashboard computers while operating a motor vehicle; provides definitions and exemptions.

view sponsor memo
BILL NUMBER: S730

TITLE OF BILL : An act to amend the vehicle and traffic law, in
relation to prohibiting the use of dashboard computers

PURPOSE :

This legislation would prohibit the use of dashboard computers while
operating a motor vehicle

SUMMARY OF PROVISIONS :

The New York State Vehicle and Traffic Law is amended by adding a new
section 1225-e to prohibit the use of dashboard computers while
operating a motor vehicle. A violation of this section would be a
traffic infraction, punishable by a fine of not more than $150.

JUSTIFICATION :

Technology companies are zeroing in on motor vehicles to expand the
use of their equipment. In an effort to bring the personal computer to
your vehicle, dashboard computers are coming to a car near you. In a
world were distracted driving is already a life threatening problem on
our roads, the last thing drivers need is another distraction. Mobile
devices in cars already are the cause of thousands of wrecks and
injuries each year. No one wants to get in the way of technology, but
we must take steps to prevent these types of devices from be accessed
while the driver is operating the vehicle. This legislation will
ensure that a driver will be watching the road and not surfing the
web.

LEGISLATIVE HISTORY :

S.6802 of 2010.
S.1000 of 2011/12.
S.1482 of 2013/14.

FISCAL IMPLICATIONS :

None.


EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   730

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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  prohibiting
  the use of dashboard computers

  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 1225-e to read as follows:
  S  1225-E. USE OF DASHBOARD COMPUTERS. 1. EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION, NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE USING ANY
DASHBOARD COMPUTER WHILE SUCH VEHICLE IS IN MOTION.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING DEFINITIONS:
  (A)  "DASHBOARD  COMPUTER"  MEANS  ANY DASHBOARD-MOUNTED HUMAN-MACHINE
INTERFACE (HMI) MODULE INCLUDING ANY MODULAR VEHICLE  COMPUTER,  VEHICLE
INFOTAINMENT  COMPUTER,  TOUCHSCREEN DASHBOARD-MOUNTED COMPUTER, AND ANY
HMI THAT PERFORMS FUNCTIONS INCLUDING,  BUT  NOT  LIMITED  TO,  INTERNET
ACCESS, E-MAIL ACCESS AND/OR VIDEO PLAYBACK.
  (B)  "USING" MEANS TOUCHING, LOOKING AT, VIEWING, ACCESSING, BROWSING,
READING, AND/OR WATCHING.
  3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO:
  (A)  THE  USE OF A DASHBOARD COMPUTER FOR THE SOLE PURPOSE OF COMMUNI-
CATING WITH ANY OF THE FOLLOWING REGARDING AN EMERGENCY SITUATION:
  (I) AN EMERGENCY RESPONSE OPERATOR;
  (II) A HOSPITAL;
  (III) A PHYSICIAN'S OFFICE OR HEALTH CLINIC;
  (IV) AN AMBULANCE COMPANY OR CORPS;
  (V) A FIRE DEPARTMENT, DISTRICT OR COMPANY;
  (VI) OR A POLICE DEPARTMENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02553-01-5

S. 730                              2

  (B) THE USE OF A DASHBOARD COMPUTER TO ACCESS:
  (I) TEMPERATURE CONTROLS;
  (II) MUSIC CONTROLS, INCLUDING SATELLITE RADIO, AM/FM RADIO OR COMPACT
DISK CONTROLS AND DISPLAYS;
  (III) OTHER DRIVER CONTROL PANEL FUNCTIONS;
  (IV) ANY GLOBAL POSITIONING SYSTEM UNIT; OR
  (V)  ANY  ADVANCED  DRIVING ASSISTANCE SYSTEMS, INCLUDING DAY OR NIGHT
VISION SUPPORT, PARKING AIDS, OR ADAPTIVE CRUISE CONTROL;
  (C) ANY OF THE FOLLOWING PERSONS WHILE IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL DUTIES:
  (I) A POLICE OFFICER OR PEACE OFFICER;
  (II) A MEMBER OF A FIRE DEPARTMENT, DISTRICT OR COMPANY;
  (III) OR THE OPERATOR OF AN AUTHORIZED EMERGENCY VEHICLE AS DEFINED IN
SECTION ONE HUNDRED ONE OF THIS CHAPTER.
  4.  THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO AUTHORIZE
THE SEIZURE OR FORFEITURE OF  A  DASHBOARD  COMPUTER,  UNLESS  OTHERWISE
PROVIDED BY LAW.
  5. A VIOLATION OF THIS SECTION SHALL BE A TRAFFIC INFRACTION AND SHALL
BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED FIFTY DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.