Requires proof of at least six hours of driving experience under a certified instructor prior to issuance of licenses for certain drivers and motorcyclists.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1505
SPONSOR: Carroll TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to additional
requirements for licensing certain drivers and motorcyclists
PURPOSE:
To strengthen New York's laws to prevent and enforce against tampering
or disabling vehicle emissions control devices.
SUMMARY OF PROVISIONS:
Section 1 of the bill entitles the bill the "Emission Tampering Act of
2023."
Section 2 of the bill adds a new title 13 to article 19 of the Environ-
mental Conservation Law ("Air Pollution Control") entitled "Emission
Tampering."
- Section 19-1301: statement of findings.
- Section 19-1303: defines terms used throughout the title.
- Section 19-1305: prohibits removing, rendering inoperative or render-
ing inaccurate any device installed in a motor vehicle in compliance
with the federal Clean Air Act or article 19 of the Environmental
Conservation Law. Also prohibits the sale, offer for sale, distribution,
possession, installation or attempted installation of an aftermarket
defeat device. Violations of this section are punishable by a civil
penalty between $1,000$5,000 for initial violations and between
$2,000-$10,000 for subsequent violations.
- Section 19-1307: requires annual vehicle inspections to include visual
inspection for the presence of aftermarket defeat devices, and provides
procedures for the removal of such devices by the vehicle owner or oper-
ator
- Section 19-1309: provides the Department of Environmental Conservation
(DEC) and the Attorney General with enforcement power over the
provisions of this new title, and directs all civil penalties collected
to be deposited to the credit of the Environmental Protection Fund.
Section 3 of the bill amends section 375 of the Vehicle & Traffic Law
("Equipment") to prohibit registered owners of diesel-fueled motor vehi-
cles from operating with an aftermarket defeat device, punishable by a
$750 fine.
Section 4 of the bill is the effective date.
JUSTIFICATION:
Emission control devices installed by manufacturers of diesel-powered
heavy duty vehicles are essential to limiting the emission of air pollu-
tants from such vehicles, protecting the public health from the adverse
health effects of those pollutants, and maintaining the state's ability
to meet the greenhouse gas reduction targets set forth in the Climate
Leadership and Community Protection Act.
The United States Environmental Protection Agency (EPA) has determined
that emission controls have been removed from over one-half million
heavy duty vehicles in the last decade, resulting in more than one-half
million tons of excess nitrogen oxides and 5,000 tons of excess particu-
late matter being emitted from those vehicles. The. EPA estimates that
in New York, more than 13,000 heavy duty vehicles have disabled or
removed emission controls, resulting in excess emissions of over 13,000
tons of nitrogen oxides and over 100 tons of particulate matter.
The tampering with, disabling, or removal of emission controls in dies-
el-powered motor vehicles poses a serious threat to the health of New
Yorkers. This legislation would create strong and clear laws against
such tampering and ensure that vehicle inspectors are seeking out illic-
it aftermarket defeat devices.
LEGISLATIVE HISTORY:
A.10351/S.6172A of 2021-22; passed the Senate
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
1505
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to additional
requirements for licensing certain drivers and motorcyclists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 502 of the vehi-
2 cle and traffic law, as amended by chapter 215 of the laws of 2010, is
3 amended to read as follows:
4 (c) An applicant for a class D or M license shall be at least eighteen
5 years of age, except that an application shall be accepted if the appli-
6 cant is at least seventeen years of age and submits acceptable proof of
7 successful completion of a driver education course, approved by the
8 state education department and the commissioner, and proof of completion
9 of the minimum hours of supervised driving as required in paragraph (d)
10 of this subdivision. An applicant for a class D or M license who is at
11 least eighteen years of age shall further be required to submit accepta-
12 ble proof of at least six hours experience operating a motor vehicle
13 under the supervision of a driving school instructor pursuant to subdi-
14 vision seven-a of section three hundred ninety-four of this chapter.
15 § 2. Subdivision 2 of section 502 of the vehicle and traffic law is
16 amended by adding a new paragraph (e) to read as follows:
17 (e) An applicant for a class DJ or MJ license shall be required to
18 submit acceptable proof of at least six hours experience operating a
19 motor vehicle under the supervision of a driving school instructor
20 pursuant to subdivision seven-a of section three hundred ninety-four of
21 this chapter.
22 § 3. Subdivision 4 of section 502 of the vehicle and traffic law is
23 amended by adding a new paragraph (i) to read as follows:
24 (i) Supervised driver training certificate fee. The fee for a super-
25 vised driver training certificate provided by the department to an enti-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04829-01-3
A. 1505 2
1 ty that is approved by the commissioner to offer supervised driver
2 training, as required in paragraph (c) of subdivision two of this
3 section for a class D or M license applicant or in paragraph (e) of
4 subdivision two of this section for a class DJ or MJ license applicant,
5 for issuance by such entity to a pre-licensee upon their completion of
6 such training, shall be one dollar. Such fee shall be paid by such enti-
7 ty and shall not be charged to a pre-licensee in any manner.
8 § 4. Subdivision 7-a of section 394 of the vehicle and traffic law, as
9 added by chapter 644 of the laws of 2002, is amended to read as follows:
10 7-a. Certification of driving time. The commissioner shall establish
11 by regulation a certification process by drivers' schools of the amount
12 of time a holder of a learner's permit has spent operating a motor vehi-
13 cle or motorcycle while under the immediate supervision of a driving
14 instructor holding an instructor's certificate issued pursuant to subdi-
15 vision eight of this section. A certificate of driving time issued
16 pursuant to this [section] subdivision shall be deemed to be proof of
17 all or a portion of the supervised driving experience required under
18 certification pursuant to paragraph (c), (d), or (e) of subdivision two
19 of section five hundred two of this chapter.
20 § 5. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law. Effective immediately, the addition, amend-
22 ment and/or repeal of any rules or regulations necessary for the
23 implementation of this act on its effective date are authorized to be
24 made on or before such effective date.
