Relates to the performance of illegal maneuvers while operating a motorcycle; establishes penalties where harm to another results from an illegal maneuver.
STATE OF NEW YORK
________________________________________________________________________
2386--A
Cal. No. 468
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to performance
of illegal maneuvers while operating a motorcycle
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 1254 to read as follows:
3 § 1254. Performance of an illegal maneuver while operating a motorcy-
4 cle. (a) "Illegal maneuver" shall mean any maneuver performed by the
5 operator of a motorcycle which requires the front or rear wheel of such
6 motorcycle to leave contact with the road, or any maneuver described in
7 subdivisions (b) and (c) of section twelve hundred fifty-two of this
8 article. Illegal maneuver shall not mean a maneuver performed by a
9 motorcycle with a side passenger truck attachment, in which the side
10 truck leaves the road in the course of taking a turn.
11 (b) An operator of a motorcycle that performs an illegal maneuver that
12 results in property damage or bodily harm of another shall be punishable
13 by a fine not to exceed five hundred dollars and the automatic revoca-
14 tion of the operator's motorcycle license and registration for a period
15 of one year.
16 (c) An operator of a motorcycle that performs an illegal maneuver that
17 results in property damage or bodily harm of another within eighteen
18 months of a prior conviction where the violator performed an illegal
19 maneuver that resulted in property damage or bodily harm of another,
20 shall be punishable by the forfeiture of the operator's motorcycle and
21 the automatic revocation of the operator's motorcycle license and regis-
22 tration for a period of two years.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06927-03-7
S. 2386--A 2
1 § 2. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
2 section 510 of the vehicle and traffic law, as added by section 1 of
3 part B of chapter 55 of the laws of 2014, are amended and two new
4 subparagraphs (xiv) and (xv) are added to read as follows:
5 (xii) of a second or subsequent conviction of a violation of section
6 twelve hundred twenty-five-c or section twelve hundred twenty-five-d of
7 this chapter committed where such person is the holder of a probationary
8 license, as defined in subdivision four of section five hundred one of
9 this title, at the time of the commission of such violation and such
10 second or subsequent violation was committed within six months following
11 the restoration or issuance of such probationary license; [or]
12 (xiii) of a second or subsequent conviction of a violation of section
13 twelve hundred twenty-five-c or section twelve hundred twenty-five-d of
14 this chapter committed where such person is the holder of a class DJ or
15 MJ learner's permit or a class DJ or MJ license at the time of the
16 commission of such violation and such second or subsequent violation was
17 committed within six months following the restoration of such permit or
18 license[.];
19 (xiv) of a violation of subdivision (b) of section twelve hundred
20 fifty-four of this chapter shall result in a motorcycle license and
21 registration revocation of one year; or
22 (xv) of a second violation of subdivision (b) of section twelve
23 hundred fifty-four of this chapter shall result in a motorcycle license
24 and registration revocation of two years.
25 § 3. This act shall take effect on the one hundred sixtieth day after
26 it shall have become a law.
