Bill Text: NY A07732 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A07732 Detail]

Download: New_York-2023-A07732-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7732

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 6, 2023
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred 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:

     1    Section 1. The section heading and subdivision 1 of section  510-c  of
     2  the  vehicle  and  traffic law, as amended by chapter 403 of the laws of
     3  2009, are amended to read as follows:
     4    Suspension and revocation of learner's permits and  driver's  licenses
     5  for  violations  committed  by holders of class DJ or class MJ learner's
     6  permits or licenses, or for those  over  the  age  of  eighteen  with  a
     7  learner's  permit. 1. (a) A learner's permit or a driver's license shall
     8  be suspended for a period of sixty days:
     9    (i) upon a conviction or finding of a  serious  traffic  violation  as
    10  defined  in  subdivision  two  of  this section, when such violation was
    11  committed while the holder had a class DJ or class MJ  learner's  permit
    12  or  a class DJ or MJ license, or for those over the age of eighteen with
    13  a learner's permit; or
    14    (ii) upon the second conviction or finding of such permit  or  license
    15  holder  of  a  violation  of  any other provision of this chapter or any
    16  other law, ordinance, order, rule or regulation relating to traffic, and
    17  when such violation was committed while such holder had a  class  DJ  or
    18  class MJ learner's permit or a class DJ or MJ license, or for those over
    19  the age of eighteen with a learner's permit.
    20    (b)  A  learner's  permit or a driver's license shall be revoked for a
    21  period of sixty days upon the conviction or finding  of  the  permit  or
    22  license holder of a violation or violations, committed within six months
    23  after  the  restoration  of such permit or license suspended pursuant to
    24  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
        A. 7732                             2

     1  result in the suspension of such permit or license pursuant to paragraph
     2  (a) of this subdivision.
     3    (c)  A  learner's permit shall be suspended for a period of sixty days
     4  upon a conviction or finding that they did not abide  by  the  following
     5  practices:
     6    (i)  operating a vehicle without a supervising driver twenty-one years
     7  of age or older with a valid license to operate the type of vehicle  the
     8  permit holder is in.
     9    (ii) operating a vehicle that contains hazardous materials.
    10    (iii)  operating  a vehicle when more than one passenger under the age
    11  of twenty-one who is not a family member is in the  vehicle.  This  does
    12  not apply if the supervising driver is a parent, guardian, driver educa-
    13  tion teacher or driving school instructor.
    14    (iv) operating a vehicle when a passenger is seated in the front seat,
    15  except for the supervising driver.
    16    (v)  when  a  vehicle  is  operated  by  a  driver  who has a class DJ
    17  learner's permit, every passenger in  the  vehicle  must  use  a  safety
    18  restraint  (a seat belt, a combination seat belt and shoulder harness, a
    19  child restraint seat).
    20    § 2. The vehicle and traffic law is amended by adding  a  new  section
    21  607 to read as follows:
    22    §  607.  Accidents;  when  plates  are  returned  and  registration is
    23  suspended.  1. If an operator of a motor vehicle or motorcycle who holds
    24  a learner's permit or class DJ or MJ license is involved in an  accident
    25  occurring  in  this  state  resulting in death or bodily injuries to any
    26  person, the operator shall, the next day  the  DMV  is  open  or  within
    27  forty-eight  hours  of the accident, surrender the number plates to such
    28  motor vehicle or motorcycle to the department, and shall have any  motor
    29  vehicle   registrations   which  belong  to  such  operator  immediately
    30  suspended.
    31    2. Within fourteen days, the operator shall be heard pursuant to para-
    32  graph a of subdivision three of section five hundred ten of this chapter
    33  to determine if number plates  shall  be  returned  and/or  registration
    34  suspensions shall be reinstated.
    35    §  3.  This  act shall take effect on the thirtieth day after it shall
    36  have become a law.