Bill Text: NY S09224 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 9224

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Increases driver safety training course requirements for D, M, and MJ license applicants; directs the commissioner of the department of motor vehicles to study the operation and safety of motorcycles, e-bikes, and scooters.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-07 - PRINT NUMBER 9224A [S09224 Detail]

Download: New_York-2023-S09224-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          9224

                    IN SENATE

                                       May 6, 2024
                                       ___________

        Introduced  by  Sen.  MURRAY -- 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 establishing
          "Elijah's law"; and directing the commissioner of  the  department  of
          motor  vehicles  to conduct a study analyzing the operation and use of
          certain vehicles

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Elijah's law".
     3    § 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle  and
     4  traffic  law,  as amended by chapter 215 of the laws of 2010, is amended
     5  to read as follows:
     6    (c) An applicant for a class D or M license shall be at least eighteen
     7  years of age[, except that an  application  shall  be  accepted  if  the
     8  applicant  is at least seventeen years of age and submits]. An applicant
     9  for a class M license must submit acceptable proof of at least ten hours
    10  experience operating a motorcycle under the  supervision  of  a  driving
    11  school  instructor  or other motorcycle safety driving course instructor
    12  approved by the department. All applicants must submit acceptable  proof
    13  of  successful  completion of a driver education course, approved by the
    14  state education department and the commissioner, and proof of completion
    15  of the minimum hours of supervised driving as required in paragraph  (d)
    16  of this subdivision.
    17    §  3. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
    18  traffic law, as amended by chapter 368 of the laws of 2019,  is  amended
    19  to read as follows:
    20    (d)  An  applicant  for  a  class  DJ  or MJ license shall be at least
    21  sixteen years of age and such applicant must submit written  consent  to
    22  the issuance of such license by the applicant's parent or guardian. Upon
    23  receipt  of  withdrawal  of  such  consent,  any class DJ or MJ license,
    24  learner's permit or license application shall be cancelled. No class  DJ
    25  or MJ license shall be issued unless the applicant presents, at the time
    26  of  the  road test administered pursuant to paragraph (b) of subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15399-03-4
        S. 9224                             2

     1  four of this section, a written certification by the applicant's  parent
     2  or guardian: (i) that such applicant has operated a motor vehicle for no
     3  less  than  fifty  hours, at least fifteen hours of which shall be after
     4  sunset, under the immediate supervision of a person as authorized pursu-
     5  ant  to  subparagraph (ii) of paragraph (a) or paragraph (b) of subdivi-
     6  sion five of section five hundred one of this article, a  driver  educa-
     7  tion  teacher  pursuant  to section eight hundred six-a of the education
     8  law or a driving school instructor pursuant to  subdivision  seven-a  of
     9  section  three  hundred  ninety-four  of  this chapter; and (ii) if such
    10  applicant completed an internet delivered pre-licensing course  approved
    11  by  the  commissioner  pursuant  to  article [twelve-d] twelve-D of this
    12  chapter, that such applicant participated  throughout  such  course.  An
    13  applicant for a class MJ license must also submit proof of completion of
    14  the  New  York safety council's defensive driving course, the motorcycle
    15  safety foundation's motorcycle basic rider course or  a  similar  course
    16  approved  by  the  state  education  department and the commissioner. An
    17  applicant for an MJ license shall be required to submit acceptable proof
    18  of at least fifteen hours experience operating a  motorcycle  under  the
    19  supervision  of  a  driving school instructor or other motorcycle safety
    20  driving course instructor approved by the department.
    21    § 4. Paragraph (d) of subdivision 2 of section 502 of the vehicle  and
    22  traffic  law,  as amended by chapter 403 of the laws of 2009, is amended
    23  to read as follows:
    24    (d) An applicant for a class DJ  or  MJ  license  shall  be  at  least
    25  sixteen  years  of age and such applicant must submit written consent to
    26  the issuance of such license by the applicant's parent or guardian. Upon
    27  receipt of withdrawal of such consent,  any  class  DJ  or  MJ  license,
    28  learner's  permit or license application shall be cancelled. No class DJ
    29  or MJ license shall be issued unless the applicant presents, at the time
    30  of the road test administered pursuant to paragraph (b)  of  subdivision
    31  four  of this section, a written certification by the applicant's parent
    32  or guardian that such applicant has operated a motor vehicle for no less
    33  than fifty hours, at least fifteen hours of which shall be after sunset,
    34  under the immediate supervision of a person as  authorized  pursuant  to
    35  subparagraph  (ii) of paragraph (a) or paragraph (b) of subdivision five
    36  of section five hundred one of this article, a driver education  teacher
    37  pursuant  to section eight hundred six-a of the education law or a driv-
    38  ing school instructor pursuant to subdivision seven-a of  section  three
    39  hundred ninety-four of this chapter. An applicant for a class MJ license
    40  must  also  submit  proof of completion of the New York safety council's
    41  defensive driving course, the motorcycle safety foundation's  motorcycle
    42  basic  rider  course or a similar course approved by the state education
    43  department and the commissioner. An applicant for an MJ license shall be
    44  required to submit acceptable proof of at least fifteen hours experience
    45  operating a  motorcycle  under  the  supervision  of  a  driving  school
    46  instructor or other motorcycle safety driving course instructor approved
    47  by the department.
    48    §  5.  1.  The  commissioner of the department of motor vehicles shall
    49  conduct a study analyzing the operation and use of standard motorcycles,
    50  heavy motorcycles, mopeds, other light motorcycles,  electric  bikes  in
    51  classes  1,  2,  3 and 4 and electric and non-electric powered scooters.
    52  Such study shall examine:
    53    a. The prevalence of ownership and use of all  such  vehicles  in  the
    54  state; and
    55    b.  The incidents and trends of violations of traffic laws and crashes
    56  involving all such vehicles.
        S. 9224                             3

     1    2. The commissioner shall make a report of the findings of such study,
     2  including any recommendations. Such recommendations may include, but not
     3  be limited to:
     4    a.  Increased  safety  education  course  requirements  for permit and
     5  license applications for operation of the vehicles studied;
     6    b. Increased age restrictions in operation of any  of  such  types  of
     7  vehicles; and
     8    c.  The  implementation or enhancement of safety gear requirements for
     9  operation of all such vehicles.
    10    3. The commissioner's recommendations and a report on such study shall
    11  be provided to the governor, the speaker of the assembly, and the tempo-
    12  rary president of the senate within six months of the effective date  of
    13  this act.
    14    §  6.  This  act shall take effect on the thirtieth day after it shall
    15  have become a law; provided that the  amendments  to  paragraph  (d)  of
    16  subdivision  2  of  section  502  of the vehicle and traffic law made by
    17  section three of this act shall be subject to the expiration and  rever-
    18  sion  of such paragraph pursuant to section 3 of chapter 368 of the laws
    19  of 2019, as amended, when upon such date the provisions of section  four
    20  of  this  act  shall  take  effect. Effective immediately, the addition,
    21  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    22  implementation  of  this  act on its effective date are authorized to be
    23  made and completed on or before such effective date.