STATE OF NEW YORK
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9224
IN SENATE
May 6, 2024
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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.