A05234 Summary:

BILL NOA05234
 
SAME ASNo same as
 
SPONSORHooper (MS)
 
COSPNSR
 
MLTSPNSRRivera J
 
Amd SS501, 502 & 507, V & T L
 
Provides for a graduated license for the operation of motor vehicles for youth must have learner's permit for nine months; provides that after obtaining license, he/she may not transport a passenger less than 20 years of age for first six months; raises permissible hours of operation for junior licensees from 9 p.m. to 10 p.m.; requires parents to certify that applicant has at least 75 hours of driving experience before taking road test.
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A05234 Actions:

BILL NOA05234
 
02/14/2011referred to transportation
01/04/2012referred to transportation
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A05234 Floor Votes:

There are no votes for this bill in this legislative session.
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A05234 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5234
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  HOOPER  --  Multi-Sponsored  by  -- M. of A.
          J. RIVERA -- read once and referred to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  providing
          for a graduated license for youthful operators of motor vehicles
 

          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, subparagraph (ii) of paragraph (b) as amended by chapter
     5  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]  ten  o'clock  in  the
    16  evening,  to  and from a place of business where the holder is regularly
    17  employed, or when accompanied  by  a  duly  licensed  parent,  guardian,
    18  person  in  a  position  of  loco parentis, driver education teacher, or
    19  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]  ten  o'clock  in  the
    22  evening; or
    23    (ii)  from  [nine]  ten  o'clock in the evening to five o'clock in the

    24  morning when going to or from school, or to or from a place of  business
    25  where  the  holder  is  employed on a regularly scheduled basis, or when
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06856-01-1

        A. 5234                             2
 
     1  accompanied by a duly licensed parent, guardian or one in a position  of
     2  loco parentis to the licensee.
     3    (c) in the city of New York, driving shall be prohibited.
     4    (d)  for the purpose of this subdivision, the term "school" shall mean
     5  instruction, education or training licensed or approved by a  department
     6  or  agency of the state or training conducted by the armed forces of the

     7  United States except it shall not include extra-curricular activities or
     8  social events for which scholastic credits are not given.
     9    (e) any person operating a motor vehicle to or from school  or  to  or
    10  from  a place of business as authorized by this subdivision must possess
    11  documentation signed  by  such  person's  instructor  or  employer.  The
    12  commissioner  shall,  by  regulation,  prescribe the form and content of
    13  such documentation.
    14    (f) during the first six  months  in  which  a  person  holds  such  a
    15  license,  he  or  she  may  not transport any passenger less than twenty
    16  years of age.
    17    § 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle  and
    18  traffic  law,  as amended by chapter 215 of the laws of 2010, is amended
    19  to read as follows:

    20    (c) An applicant for a class D or M license shall be at least eighteen
    21  years of age[, except that an  application  shall  be  accepted  if  the
    22  applicant  is  at  least  seventeen  years of age and submits acceptable
    23  proof of successful completion of a driver education course, approved by
    24  the state education department  and  the  commissioner,]  and  proof  of
    25  completion  of  the  minimum  hours of supervised driving as required in
    26  paragraph (d) of this subdivision.
    27    § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
    28  traffic  law,  as amended by chapter 585 of the laws of 2002, is amended
    29  to read as follows:
    30    (b) Upon successful completion of the requirements set forth in  para-
    31  graph  (a)  of  this subdivision which shall include an alcohol and drug

    32  education component as described in paragraph (c) of this subdivision, a
    33  "Road Rage" awareness component as described in paragraph (c-1) of  this
    34  subdivision and a "Work Zone Safety" awareness component as described in
    35  paragraph  (c-2)  of  this subdivision, the commissioner shall cause the
    36  applicant to take a road test in a  representative  vehicle  of  a  type
    37  prescribed by the commissioner which shall be appropriate to the type of
    38  license  for which application is made, except that the commissioner may
    39  waive the road test requirements for certain classes of applicants.   An
    40  applicant  less  than  eighteen years of age at the time of receipt of a
    41  learner's permit may not take a road test until such applicant has  held
    42  such  learner's  permit  continuously  for  a  period of nine months. An

    43  applicant less than eighteen years of age  may  not  take  a  road  test
    44  unless   the  applicant's  parent  or  guardian  certifies,  on  a  form
    45  prescribed therefor by the commissioner, that the applicant has at least
    46  seventy-five hours of experience operating a  motor  vehicle,  at  least
    47  fifteen  of  which must have taken place after sundown. The commissioner
    48  shall have the power to establish a program to allow persons other  than
    49  employees  of  the  department  to  conduct road tests in representative
    50  vehicles when such tests are required for applicants to obtain  a  class
    51  A,  B  or C license.  If he or she chooses to do so, he or she shall set
    52  forth his or her reasons in writing and conduct a public hearing on  the

    53  matter.  [She] He or she shall only establish such a program after hold-
    54  ing the public hearing.

        A. 5234                             3
 
     1    § 4. Subdivision 1 of section 507 of the vehicle and traffic  law,  as
     2  amended  by  chapter  215  of  the  laws  of 2010, is amended to read as
     3  follows:
     4    1.  Driver  education.  [Notwithstanding  any other provisions of this
     5  article, a class D or class M license, whichever is appropriate, may  be
     6  issued  to a minor seventeen years of age who has successfully completed
     7  a] A driver education course approved by the state education  department
     8  and the commissioner in a high school or college may be conducted pursu-
     9  ant to the provisions of this subdivision and who has submitted proof of

    10  completion  of  the  minimum  hours of supervised driving as required in
    11  paragraph (d) of subdivision two of section five  hundred  two  of  this
    12  article.  No  such driver education course may be approved unless class-
    13  room training is provided by a person approved by  the  state  education
    14  department  and  the  commissioner.    However,  a  school  district may
    15  contract with one or more licensed drivers' schools  to  provide  behind
    16  the  wheel  training, pursuant to regulations promulgated by the commis-
    17  sioner. [The commissioner shall prescribe the requirements for licensing
    18  of such minors.] A student enrolled in such an approved driver education
    19  course may operate a motor vehicle without holding a driver's license or
    20  a learner's permit while under the immediate supervision of an  instruc-
    21  tor  in such course or a driver's school instructor providing behind the

    22  wheel training in such a course, provided such operation is  in  accord-
    23  ance  with the rules established by the commissioner. [Every student who
    24  successfully completes such course in a day, evening  or  summer  school
    25  program  offered  by  a  public  or private school shall receive certif-
    26  ication of such completion on a certificate prescribed  by  the  commis-
    27  sioner.]
    28    §  5. This act shall take effect on the first of January next succeed-
    29  ing the date on which it shall have become a law. Effective  immediately
    30  the  commissioner  of motor vehicles is authorized to promulgate any and
    31  all rules and regulations and  take  any  other  measures  necessary  to
    32  implement this act on its effective date on or before such date.
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