Bill Text: NY A04652 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for a graduated license for the operation of motor vehicles for youth; requires youth must have learner's permit for nine months; provides that after obtaining license, he/she may not transport a passenger less than 20 years of age for first six months; raises permissible hours of operation for junior licensees from 9 p.m. to 10 p.m.; requires parents to certify that applicant has at least 75 hours of driving experience before taking road test.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A04652 Detail]
Download: New_York-2017-A04652-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4652 2017-2018 Regular Sessions IN ASSEMBLY February 3, 2017 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to providing for a graduated license for youthful operators of motor vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 501 of the vehicle and traffic 2 law, as added by chapter 449 of the laws of 1989, the subdivision head- 3 ing and first undesignated paragraph as amended by chapter 173 of the 4 laws of 1990, subparagraph (ii) of paragraph (b) as amended by chapter 5 644 of the laws of 2002, is amended to read as follows: 6 3. Restrictions on use of class DJ and class MJ licenses. A class DJ 7 or class MJ license shall permit the holder to operate a vehicle in 8 accordance with the following restrictions: 9 (a) in the counties of Nassau and Suffolk: 10 (i) for the purpose of driving to and from a state-approved cooper- 11 ative work-study educational program, or to or from an approved program 12 for credit in a post-secondary institution, or to or from a state-ap- 13 proved registered evening high school or while engaged in farm employ- 14 ment, or to or from an approved driver education course; or 15 (ii) from five o'clock in the morning to [nine] ten o'clock in the 16 evening, to and from a place of business where the holder is regularly 17 employed, or when accompanied by a duly licensed parent, guardian, 18 person in a position of loco parentis, driver education teacher, or 19 driving school instructor. 20 (b) in all other areas of the state, except for the city of New York: 21 (i) from five o'clock in the morning to [nine] ten o'clock in the 22 evening; or 23 (ii) from [nine] ten o'clock in the evening to five o'clock in the 24 morning when going to or from school, or to or from a place of business 25 where the holder is employed on a regularly scheduled basis, or when EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08733-01-7A. 4652 2 1 accompanied by a duly licensed parent, guardian or one in a position of 2 loco parentis to the licensee. 3 (c) in the city of New York, driving shall be prohibited. 4 (d) for the purpose of this subdivision, the term "school" shall mean 5 instruction, education or training licensed or approved by a department 6 or agency of the state or training conducted by the armed forces of the 7 United States except it shall not include extra-curricular activities or 8 social events for which scholastic credits are not given. 9 (e) any person operating a motor vehicle to or from school or to or 10 from a place of business as authorized by this subdivision must possess 11 documentation signed by such person's instructor or employer. The 12 commissioner shall, by regulation, prescribe the form and content of 13 such documentation. 14 (f) during the first six months in which a person holds such a 15 license, he or she may not transport any passenger less than twenty 16 years of age. 17 § 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle and 18 traffic law, as amended by chapter 215 of the laws of 2010, is amended 19 to read as follows: 20 (c) An applicant for a class D or M license shall be at least eighteen 21 years of age[, except that an application shall be accepted if the22applicant is at least seventeen years of age and submits acceptable23proof of successful completion of a driver education course, approved by24the state education department and the commissioner,] and proof of 25 completion of the minimum hours of supervised driving as required in 26 paragraph (d) of this subdivision. 27 § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 28 traffic law, as amended by chapter 585 of the laws of 2002, is amended 29 to read as follows: 30 (b) Upon successful completion of the requirements set forth in para- 31 graph (a) of this subdivision which shall include an alcohol and drug 32 education component as described in paragraph (c) of this subdivision, a 33 "Road Rage" awareness component as described in paragraph (c-1) of this 34 subdivision and a "Work Zone Safety" awareness component as described in 35 paragraph (c-2) of this subdivision, the commissioner shall cause the 36 applicant to take a road test in a representative vehicle of a type 37 prescribed by the commissioner which shall be appropriate to the type of 38 license for which application is made, except that the commissioner may 39 waive the road test requirements for certain classes of applicants. An 40 applicant less than eighteen years of age at the time of receipt of a 41 learner's permit may not take a road test until such applicant has held 42 such learner's permit continuously for a period of nine months. An 43 applicant less than eighteen years of age may not take a road test 44 unless the applicant's parent or guardian certifies, on a form 45 prescribed therefor by the commissioner, that the applicant has at least 46 seventy-five hours of experience operating a motor vehicle, at least 47 fifteen of which must have taken place after sundown. The commissioner 48 shall have the power to establish a program to allow persons other than 49 employees of the department to conduct road tests in representative 50 vehicles when such tests are required for applicants to obtain a class 51 A, B or C license. If he or she chooses to do so, he or she shall set 52 forth his or her reasons in writing and conduct a public hearing on the 53 matter. [She] He or she shall only establish such a program after hold- 54 ing the public hearing.A. 4652 3 1 § 4. Subdivision 1 of section 507 of the vehicle and traffic law, as 2 amended by chapter 215 of the laws of 2010, is amended to read as 3 follows: 4 1. Driver education. [Notwithstanding any other provisions of this5article, a class D or class M license, whichever is appropriate, may be6issued to a minor seventeen years of age who has successfully completed7a] A driver education course approved by the state education department 8 and the commissioner in a high school or college may be conducted pursu- 9 ant to the provisions of this subdivision and who has submitted proof of 10 completion of the minimum hours of supervised driving as required in 11 paragraph (d) of subdivision two of section five hundred two of this 12 article. No such driver education course may be approved unless class- 13 room training is provided by a person approved by the state education 14 department and the commissioner. However, a school district may 15 contract with one or more licensed drivers' schools to provide behind 16 the wheel training, pursuant to regulations promulgated by the commis- 17 sioner. [The commissioner shall prescribe the requirements for licensing18of such minors.] A student enrolled in such an approved driver education 19 course may operate a motor vehicle without holding a driver's license or 20 a learner's permit while under the immediate supervision of an instruc- 21 tor in such course or a driver's school instructor providing behind the 22 wheel training in such a course, provided such operation is in accord- 23 ance with the rules established by the commissioner. [Every student who24successfully completes such course in a day, evening or summer school25program offered by a public or private school shall receive certif-26ication of such completion on a certificate prescribed by the commis-27sioner.] 28 § 5. This act shall take effect on the first of January next succeed- 29 ing the date on which it shall have become a law. Effective immediately 30 the commissioner of motor vehicles is authorized to promulgate any and 31 all rules and regulations and take any other measures necessary to 32 implement this act on its effective date on or before such date.
