Blankenbush, Fitzpatrick, Giglio, Hawley, Miller ML, Thiele
Amd §§318, 319, 509 & 511, V & T L
Increases the length of time vehicle registrations, drivers' licenses and non-resident driving privileges for individuals who drive without insurance are revoked; makes driving without insurance on a vehicle a misdemeanor; increases the penalties for driving without a license; increases penalties for aggravated unlicensed operation of a motor vehicle.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3470
SPONSOR: Raia (MS) TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to increasing
the penalties for violations relating to the licensing of drivers
PURPOSE OR GENERAL IDEA OF BILL:
The Long Island Assembly Republicans stand committed to making our roads
safer for New York's residents. As proof of that commitment, this
legislation increases the penalties for individuals who continue to
drive without valid licenses and/or insurance.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends 318 of the Vehicle and Traffic Law, which sets out a
system for the revocation of vehicle registrations, drivers' licenses
and non-resident driving privileges for individuals who drive without
insurance, to increase the length of time such privileges are revoked.
Under this legislation, upon such revocation by the DMV, a driver's
license and vehicle registration shall not be reissued until 18 months
after the date of the revocation. Furthermore, this section is amended
to result in the permanent revocation of a driver's license due to 3 or
more convictions for driving without insurance within 18 months. Addi-
tionally, 318 is amended to prevent individuals who are convicted twice
within 18 months from applying for a restricted use license (only valid
for travel to and from work, school, medical appointments, etc.).
Section 2: Amends 319 of the Vehicle and Traffic Law to increase the
penalties imposed on an individual who is driving without insurance.
Under this legislation, driving without insurance would be considered a
misdemeanor under 1801 of the Vehicle and Traffic Law and the operator
of the motor vehicle would be subject to a graduated system of fines
and/or imprisonment based on the number of violations in a given period
of time. Additionally, 319 provides a civil penalty of $750 for driving
without insurance. This legislation increases that penalty to $1000.
Section 3: Amends 509 of the Vehicle and Traffic Law, which sets out the
penalties for driving without a license, to increase those penalties.
Currently, a violation of this section is punishable by a fine of not
less than $75 nor more than $300 and/or imprisonment by not more than 15
days. The punishment for operating a for-hire vehicle is more severe.
Under this legislation, for a second or subsequent conviction of driving
without a license, a person would be punished by a fine of no more than
$500 and/or imprisoned for no more than 90 days.
Section 4: Amends 511 of the Vehicle and Traffic Law, which sets out the
crimes of aggravated unlicensed operation of a motor vehicle in the
first, second and third degrees, to increase penalties. - Aggravated
Unlicensed Operation in the Third Degree: This provision has been
amended to state that, where a person has been convicted of driving
without being duly licensed (pursuant to 509 of the VTL) twice within 18
consecutive months, that individual would be guilty of Aggravated Unli-
censed Operation in the Third Degree which is a misdemeanor punishable
by a fine of not less than $200 nor more than $500 and/or imprisonment
for no more than 30 days.
-Aggravated Unlicensed Operation in the Second Degree: The punishment
for this provision has been increased to a Class E felony. Currently it
is a misdemeanor.
-Aggravated Unlicensed Operation in the Third Degree: This provision has
been amended to decrease the number of license suspensions an individual
must have to meet the elements of this crime from 10 suspensions to 5
suspensions. Additionally, the punishment for this provision of § 511
has been increased to a D felony. Currently, it is an E felony.
JUSTIFICATION:
Unlicensed and uninsured drivers pose a serious threat on NYS's roads,
particularly in Long Island. Their choice to drive without a license
and/or insurance displays a conscious disregard for current law and the
rights and safety of other motorists and pedestrians. Often, their
disregard for these requirements and the rules of the road manifests
itself in a continuation of the dangerous driving habits that led to the
initial loss of their license and/or insurance. Such behavior and the
risks it poses cannot be tolerated. Unfortunately, the penalties
contained in current law do nothing to dissuade these individuals from
operating a motor vehicle without a license.
The Long Island members of the NYS Assembly Republican Conference recog-
nize the danger these individuals pose and the fact that current penal-
ties do little to dissuade individuals from driving without a license
and/or insurance. This legislation increases penalties and sends a
message to these individuals that this behavior will not be tolerated.
The Long Island Delegation asserts that this legislation will signif-
icantly reduce the incidents of individuals driving without insurance
and/or a license and endangering the public with their irresponsible and
criminal behavior.
PRIOR LEGISLATIVE HISTORY:
2016: A.4544 Referred to Transportation
2015: A.4544 Held for Consideration in Transportation
2014: A.4247 Held for Consideration in Transportation
2013: A.4247 Referred to Transportation
2012: A.4554 Referred to Transportation
2011: A.4554 Held for Consideration in Transportation
2010: A.3929 Referred to Transportation
2009: A.3929 Held for Consideration in Transportation
2008: A.4108 Referred to Transportation
2007: A.4108 held for Consideration in Transportation
2005-06: A.8014 Referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall become law.
