STATE OF NEW YORK
        ________________________________________________________________________

                                          2157

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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
          restrictions  on  class  DJ  and  class MJ licenses in the counties of
          Nassau and Suffolk by permitting such licensees to drive to  and  from
          school between the hours of five in the morning to nine o'clock in the
          evening

          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 and subparagraph (ii) of paragraph (b) as amended by chap-
     5  ter 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 o'clock in the  evening,
    16  when  going  to or from school, or to and from a place of business where
    17  the holder is regularly employed, or when accompanied by a duly licensed
    18  parent, guardian, person in a position of loco parentis,  driver  educa-
    19  tion teacher, or 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 o'clock in the evening;
    22  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02018-01-3

        S. 2157                             2

     1    (ii) from nine o'clock in the evening to five o'clock in  the  morning
     2  when  going  to  or from school, or to or from a place of business where
     3  the holder is employed on a regularly scheduled basis, or when  accompa-
     4  nied  by  a  duly licensed parent, guardian or one in a position of loco
     5  parentis to the licensee.
     6    (c) in the city of New York, driving shall be prohibited.
     7    (d)  for the purpose of this subdivision, the term "school" shall mean
     8  instruction, education or training licensed or approved by a  department
     9  or  agency of the state or training conducted by the armed forces of the
    10  United States except it shall not include extra-curricular activities or
    11  social events for which scholastic credits are not given.
    12    (e) any person operating a motor vehicle to or from school  or  to  or
    13  from  a place of business as authorized by this subdivision must possess
    14  documentation signed  by  such  person's  instructor  or  employer.  The
    15  commissioner  shall,  by  regulation,  prescribe the form and content of
    16  such documentation.
    17    § 2. This act shall take effect immediately.