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.
STATE OF NEW YORK
________________________________________________________________________
7192
2011-2012 Regular Sessions
IN ASSEMBLY
April 15, 2011
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Transportation
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
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 1212-a to read as follows:
3 § 1212-a. Driving while ability impaired by fatigue; aggravated driv-
4 ing while ability impaired by fatigue. (a) Driving while ability
5 impaired by fatigue. A person commits the offense of driving while abil-
6 ity impaired by fatigue when he or she drives, operates or uses any
7 motor vehicle, motorcycle or any other vehicle propelled by any power
8 other than muscular power or any appliance or accessory thereof while
9 his or her ability or alertness is so impaired, or so likely to become
10 impaired, through fatigue as to make it unsafe for him or her to begin
11 or continue to operate said motor vehicle, motorcycle or any other vehi-
12 cle propelled by any power other than muscular power or any appliance or
13 accessory thereof. Driving while ability impaired by fatigue is prohib-
14 ited.
15 (b) Aggravated driving while ability impaired by fatigue. A person
16 commits the offense of aggravated driving while ability impaired when he
17 or she commits the offense of driving while ability impaired by fatigue
18 as defined in subdivision (a) of this section and he or she thereby
19 causes: (i) serious physical injury as defined in subdivision ten of
20 section 10.00 of the penal law; or (ii) the death of any person. Aggra-
21 vated driving while ability impaired by fatigue is prohibited. Aggra-
22 vated driving while ability impaired is a misdemeanor.
23 § 2. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10659-01-1