Bill Text: NY A08349 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the performance of illegal maneuvers while operating a motorcycle; establishes penalties where harm to another results from an illegal maneuver.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-30 - enacting clause stricken [A08349 Detail]
Download: New_York-2013-A08349-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8349
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
___________
Introduced by M. of A. ROSA -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to performance
of illegal maneuvers while operating a motorcycle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1254 to read as follows:
3 S 1254. PERFORMANCE OF AN ILLEGAL MANEUVER WHILE OPERATING A MOTORCY-
4 CLE. (A) "ILLEGAL MANEUVER" SHALL MEAN ANY MANEUVER PERFORMED BY THE
5 OPERATOR OF A MOTORCYCLE WHICH REQUIRES THE FRONT OR REAR WHEEL OF SUCH
6 MOTORCYCLE TO LEAVE CONTACT WITH THE ROAD, OR ANY MANEUVER DESCRIBED IN
7 SUBDIVISIONS (B) AND (C) OF SECTION TWELVE HUNDRED FIFTY-TWO OF THIS
8 ARTICLE. ILLEGAL MANEUVER SHALL NOT MEAN A MANEUVER PERFORMED BY A
9 MOTORCYCLE WITH A SIDE PASSENGER TRUCK ATTACHMENT, IN WHICH THE SIDE
10 TRUCK LEAVES THE ROAD IN THE COURSE OF TAKING A TURN.
11 (B) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
12 RESULTS IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER SHALL BE PUNISHABLE
13 BY A FINE NOT TO EXCEED TWENTY-FIVE HUNDRED DOLLARS AND THE AUTOMATIC
14 REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION FOR A PERIOD OF
15 ONE YEAR.
16 (C) AN OPERATOR OF A MOTORCYCLE THAT PERFORMS AN ILLEGAL MANEUVER THAT
17 RESULTS IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER WITHIN EIGHTEEN
18 MONTHS OF A PRIOR CONVICTION WHERE THE VIOLATOR PERFORMED AN ILLEGAL
19 MANEUVER THAT RESULTED IN PROPERTY DAMAGE OR BODILY HARM OF ANOTHER,
20 SHALL BE PUBLISHABLE BY THE FORFEITURE OF THE OPERATOR'S MOTORCYCLE AND
21 THE AUTOMATIC REVOCATION OF THE OPERATOR'S LICENSE AND REGISTRATION FOR
22 A PERIOD OF TWO YEARS.
23 S 2. Subparagraphs (x) and (xi) of paragraph a of subdivision 2 of
24 section 510 of the vehicle and traffic law, as added by chapter 571 of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13002-02-3
A. 8349 2
1 the laws of 2006, are amended and two new subparagraphs (xii) and (xiii)
2 are added to read as follows:
3 (x) of a traffic infraction for a subsequent violation of article
4 twenty-six of this chapter and the commission of such violation caused
5 serious physical injury to another person and such subsequent violation
6 occurred within eighteen months of a prior violation of any provision of
7 article twenty-six of this chapter where the commission of such prior
8 violation caused the serious physical injury or death of another person;
9 [or]
10 (xi) of a traffic infraction for a subsequent violation of article
11 twenty-six of this chapter and the commission of such violation caused
12 the death of another person and such subsequent violation occurred with-
13 in eighteen months of a prior violation of any provision of article
14 twenty-six of this chapter where the commission of such prior violation
15 caused the serious physical injury or death of another person[.] ;
16 (XII) OF A VIOLATION OF SUBDIVISION (B) OF SECTION TWELVE HUNDRED
17 FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A LICENSE AND REGISTRATION
18 REVOCATION OF ONE YEAR; OR
19 (XIII) OF A SECOND VIOLATION OF SUBDIVISION (B) OF SECTION TWELVE
20 HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL RESULT IN A LICENSE AND REGIS-
21 TRATION REVOCATION OF TWO YEARS.
22 S 3. This act shall take effect on the one hundred sixtieth day after
23 it shall have become a law.
