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A04827 Summary:

BILL NOA04827
 
SAME ASSAME AS S05776
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd §510-c, add §607, V & T L
 
Provides for the suspension and revocation of certain learner's permits, and the return of numbered plates and registration suspensions in certain circumstances.
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A04827 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4827
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to the  suspen-
          sion  and  revocation  of  certain learner's permits and the return of
          numbered plates and registration suspensions in certain circumstances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The section heading and subdivision 1 of section 510-c of
     2  the vehicle and traffic law, as amended by chapter 403 of  the  laws  of
     3  2009, are amended to read as follows:
     4    Suspension  and  revocation of learner's permits and driver's licenses
     5  for violations committed by holders of class DJ or  class  MJ  learner's
     6  permits  or  licenses,  or  for  those  over  the age of eighteen with a
     7  learner's permit. 1. (a) A learner's permit or a driver's license  shall
     8  be suspended for a period of sixty days:
     9    (i)  upon  a  conviction  or finding of a serious traffic violation as
    10  defined in subdivision two of this  section,  when  such  violation  was
    11  committed  while  the holder had a class DJ or class MJ learner's permit
    12  or a class DJ or MJ license, or for those over the age of eighteen  with
    13  a learner's permit; or
    14    (ii)  upon  the second conviction or finding of such permit or license
    15  holder of a violation of any other provision  of  this  chapter  or  any
    16  other law, ordinance, order, rule or regulation relating to traffic, and
    17  when  such  violation  was committed while such holder had a class DJ or
    18  class MJ learner's permit or a class DJ or MJ license, or for those over
    19  the age of eighteen with a learner's permit.
    20    (b) A learner's permit or a driver's license shall be  revoked  for  a
    21  period  of  sixty  days  upon the conviction or finding of the permit or
    22  license holder of a violation or violations, committed within six months
    23  after the restoration of such permit or license  suspended  pursuant  to
    24  paragraph  (a)  of this subdivision, which convictions or findings would
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00776-01-5

        A. 4827                             2
 
     1  result in the suspension of such permit or license pursuant to paragraph
     2  (a) of this subdivision.
     3    (c)  A  learner's permit shall be suspended for a period of sixty days
     4  upon a conviction or finding that they did not abide  by  the  following
     5  practices:
     6    (i)  operating a vehicle without a supervising driver twenty-one years
     7  of age or older with a valid license to operate the type of vehicle  the
     8  permit holder is in.
     9    (ii) operating a vehicle that contains hazardous materials.
    10    (iii)  operating  a vehicle when more than one passenger under the age
    11  of twenty-one who is not a family member is in the  vehicle.  This  does
    12  not apply if the supervising driver is a parent, guardian, driver educa-
    13  tion teacher or driving school instructor.
    14    (iv) operating a vehicle when a passenger is seated in the front seat,
    15  except for the supervising driver.
    16    (v)  when  a  vehicle  is  operated  by  a  driver  who has a class DJ
    17  learner's permit, every passenger in  the  vehicle  must  use  a  safety
    18  restraint  (a seat belt, a combination seat belt and shoulder harness, a
    19  child restraint seat).
    20    § 2. The vehicle and traffic law is amended by adding  a  new  section
    21  607 to read as follows:
    22    §  607.  Accidents;  when  plates  are  returned  and  registration is
    23  suspended.  1. If an operator of a motor vehicle or motorcycle who holds
    24  a learner's permit or class DJ or MJ license is involved in an  accident
    25  occurring  in  this  state  resulting in death or bodily injuries to any
    26  person, the operator shall, the next day  the  DMV  is  open  or  within
    27  forty-eight  hours  of the accident, surrender the number plates to such
    28  motor vehicle or motorcycle to the department, and shall have any  motor
    29  vehicle   registrations   which  belong  to  such  operator  immediately
    30  suspended.
    31    2. Within fourteen days, the operator shall be heard pursuant to para-
    32  graph a of subdivision three of section five hundred ten of this chapter
    33  to determine if number plates  shall  be  returned  and/or  registration
    34  suspensions shall be reinstated.
    35    §  3.  This  act shall take effect on the thirtieth day after it shall
    36  have become a law.
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