S03858 Summary:

BILL NOS03858
 
SAME ASNo Same As
 
SPONSORESPAILLAT
 
COSPNSRAVELLA, DILAN, PERKINS
 
MLTSPNSR
 
Add S1254, amd S510, V & T L
 
Relates to the performance of illegal maneuvers while operating a motorcycle; establishes penalties where harm to another results from an illegal maneuver.
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S03858 Actions:

BILL NOS03858
 
02/20/2015REFERRED TO TRANSPORTATION
01/06/2016REFERRED TO TRANSPORTATION
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S03858 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3858
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 20, 2015
                                       ___________
 
        Introduced  by Sens. ESPAILLAT, AVELLA, DILAN, PERKINS -- 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 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    § 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 punishable 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    § 2. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
    24  section 510 of the vehicle and traffic law, as added  by  section  1  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08930-01-5

        S. 3858                             2
 
     1  part  B  of  chapter  55  of  the  laws of 2014, are amended and two new
     2  subparagraphs (xiv) and (xv) are added to read as follows:
     3    (xii)  of  a second or subsequent conviction of a violation of section
     4  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
     5  this chapter committed where such person is the holder of a probationary
     6  license,  as  defined in subdivision four of section five hundred one of
     7  this title, at the time of the commission of  such  violation  and  such
     8  second or subsequent violation was committed within six months following
     9  the restoration or issuance of such probationary license; [or]
    10    (xiii)  of a second or subsequent conviction of a violation of section
    11  twelve hundred twenty-five-c or section twelve hundred twenty-five-d  of
    12  this  chapter committed where such person is the holder of a class DJ or
    13  MJ learner's permit or a class DJ or MJ  license  at  the  time  of  the
    14  commission of such violation and such second or subsequent violation was
    15  committed  within six months following the restoration of such permit or
    16  license[.];
    17    (xiv) of a violation of subdivision  (b)  of  section  twelve  hundred
    18  fifty-four  of  this  chapter shall result in a license and registration
    19  revocation of one year; or
    20    (xv) of a second  violation  of  subdivision  (b)  of  section  twelve
    21  hundred  fifty-four of this chapter shall result in a license and regis-
    22  tration revocation of two years.
    23    § 3. This act shall take effect on the one hundred sixtieth day  after
    24  it shall have become a law.
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