Relates to creating a pilot program for the field testing of driving while intoxicated vehicle sensor devices to be administered by the Commissioner of the Department of Motor Vehicles in consultation with the Driver Alcohol Detection System for Safety Program and the National Highway Traffic Safety Administration.
STATE OF NEW YORK
________________________________________________________________________
11370
IN ASSEMBLY
October 19, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ortiz) --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to creating a
pilot program for the field testing of driving while intoxicated vehi-
cle sensor devices; and providing for the repeal of such provisions
upon the expiration thereof
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 1225-e to read as follows:
3 § 1225-e. Pilot program for field testing of driving while intoxicated
4 vehicle sensor devices. 1. For purposes of this section "field testing"
5 shall mean the use of devices created by the Driver Alcohol Detection
6 System for Safety Program utilized in accordance with rules and regu-
7 lations promulgated by the commissioner, that determines whether or not
8 the operator of a motor vehicle is unlawfully impaired by the use of
9 alcohol. Such devices shall measure the operator's blood alcohol level,
10 and if determined that the operator's blood alcohol level is above the
11 legal limit pursuant to section eleven hundred ninety-two of this chap-
12 ter, the vehicle shall not be permitted to move but shall perform all
13 other vehicle functions.
14 2. The commissioner shall authorize a two year pilot program to
15 perform field testing of the devices referenced in subdivision one of
16 this section. After consultation with manufacturers of such devices and
17 the national highway traffic safety administration, the commissioner
18 shall promulgate rules and regulations necessary to perform the field
19 testing. Participation in the pilot program shall be optional and
20 subject to participation guidelines established by the commissioner.
21 3. At the conclusion of such pilot program, the commissioner shall
22 assess the program and submit a report to the legislature and the gover-
23 nor, which shall include, but not be limited to, the amount and location
24 of the participants, the impact of the program on reducing traffic acci-
25 dents resulting from driving while intoxicated, and data analyzing the
26 cost, efficiency, and accuracy of the field testing.
27 § 2. This act shall take effect on the ninetieth day after it shall
28 have become a law and shall expire and be deemed repealed two years
29 after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16561-01-8