Provides exemption from suspension of a driver's license for persons serving fulltime active military duty who fail to pay fines from traffic or parking violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5399
SPONSOR: Brabenec TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to providing an
exemption from suspension of a driver's license for persons serving on
fulltime active military duty
PURPOSE OR GENERAL IDEA OF BILL:
Exempts members of military who are on active full time duty from having
their driver's license suspended as a result of failure to pay fines on
a default judgment. Grants such person's driver's license an extra six
months of validity upon return from active duty.
SUMMARY OF PROVISIONS:
Section one amends section 1806-a of the Vehicle and Traffic Law by
adding a new subdivision 6, granting the driver's license of members of
the military who are on full time active duty an extra six months of
validity in cases where they were unable to answer a default judgment of
fine on a traffic or parking-violation, and had their license suspended
as a result, provided that sufficient proof of full time active military
status is provided to the Commissioner of Motor.Vehicles.Section two is
the effective date.
JUSTIFICATION:
Many service members in the U.S. military are called into active duty
before they have a chance to answer in court for traffic and parking
violations. Failure to do so results in a default judgment of fine, and
failure to pay this fine results in the suspension of driver's license.
This bill would give members of the military on active full time duty an
extra six months upon their return before their license is suspended.
PRIOR LEGISLATIVE HISTORY:
04/09/19 held for consideration in transportation
01/08/20 referred to transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5399
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing an
exemption from suspension of a driver's license for persons serving on
fulltime active military duty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1806-a of the vehicle and traffic law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. In the event that a person charged with a traffic violation or
4 parking violation does not answer within the time specified and such
5 circumstance results in a default judgment of a fine, and such person
6 fails to pay such fine because such person serves on fulltime active
7 military duty, as defined in section one of the military law, the
8 commissioner shall not suspend such person's license, provided such
9 person or such person's representative submits proof satisfactory to the
10 commissioner that he or she is a member of the military forces and is
11 engaged in fulltime active military duty. Such person's license shall be
12 valid for up to six months after such person's release from fulltime
13 active military duty.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08896-01-3
