Relates to driving while ability impaired by fatigue and aggravated driving while ability impaired by fatigue; makes aggravated driving while ability impaired by fatigue a misdemeanor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5222
SPONSOR: Galef TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to driving while ability impaired by fatigue and aggravated
driving while ability impaired by fatigue
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is
to prohibit driving while ability impaired by fatigue and makes aggra-
vated driving while ability impaired by fatigue a misdemeanor.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The Vehicle and Traffic Law is amended by adding a new
section 1212-a.
§ 1212-a. Driving while ability impaired by fatigue; aggravated driving
while ability impaired by fatigue. (a) Driving while ability impaired by
fatigue. A person commits the offense of driving while ability impaired
by fatigue when he or she drives, operates or uses any motor vehicle,
motorcycle or any other vehicle propelled by any power other than muscu-
lar power or any appliance or accessory thereof while his or her ability
or alertness is so impaired, or so likely to become impaired, through
fatigue as to make it unsafe for him or her to begin or continue to
operate such vehicle. Driving while ability impaired by fatigue is
prohibited. (b) Aggravated driving while ability impaired by fatigue. A
person commits the offense of aggravated driving while ability impaired
when he or she commits the offense of driving while ability impaired by
fatigue as defined in subdivision (a) of this section and he or she
thereby causes: (i) serious physical injury as defined in subdivision
ten of section 10.00 of the penal law; or (ii) the death of any person.
Aggravated driving while ability impaired by fatigue is prohibited.
Aggravated driving while ability impaired is a misdemeanor.
Section 2. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
JUSTIFICATION: Hundreds of people each year lose their lives because
a fatigued motorist got behind the wheel and fell asleep while driving a
moving vehicle. Currently, New York State law does not clearly state
that driving while drowsy is a violation or citable offense.
This legislation would define two new offenses. The first is driving
while one's ability is impaired by fatigue and causing serious physical
injury or death of any person. Aggravated driving while ability impaired
is a misdemeanor. This provision penalizes drivers whose driving is
impaired by drowsiness just as professional bus and truck drivers, who,
even given the common objection that drowsiness is difficult to prove,
are penalized. New York State accident reports include, "driving
fatigue" as one of the options for the recording of contributing human
factors. However, there is no corresponding chargeable offense associ-
ated with this behavior, even though in New York Civil Courts, a motor-
ist can be and has been found negligent for causing a fatality due to
sleep deprivation.
This legislation corrects the Vehicle and Traffic Law to identify drowsy
driving, and make it a violation. Alarmingly, statistics show that the
largest percentage of accidents with fatalities or serious personal
injury are those caused by non-commercial drivers who fall asleep as the
wheel. This bill is a first step in assuring those who drive with senses
impaired by fatigue are held as accountable as those whose senses are
impaired by other factors.
PRIOR LEGISLATIVE HISTORY: A.7192 of 2011/2012 and A.2332 of
2007/200S and A.4474 of 2005/2006 and A.6421 of 2003/2004 and A.6916 of
2001/2002
FISCAL IMPLICATIONS: There are no fiscal implications connected with
this legislation.
EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.
