|
See Text
A08568 Summary:BILL NO A08568B
SAME AS Same as S 3619-A
SPONSOR Gantt (MS)
COSPNSR Koon, Hoyt, Galef, Weisenberg, Glick, Titone, Jaffee, Millman,
DelMonte, Castro, Hooper, Schimel
MLTSPNSR Cook, Magee, McEneny, Peoples-Stokes, Perry, Skartados
Amd SS501, 501-b, 502, 509, 510-b, 510-c & 1229-c, add S1225-d, rpld S503-a, V
& T L
Relates to the graduated licensing program; provides that no person shall
operate a motor vehicle while using any portable electronic device while such
vehicle is in motion, with exceptions; provides that such prohibited conduct
shall be a traffic infraction punishable by a fine.
A08568 Actions:BILL NO A08568B
05/28/2009 referred to transportation
06/02/2009 reported referred to codes
06/09/2009 amend and recommit to codes
06/09/2009 print number 8568a
06/12/2009 amend (t) and recommit to codes
06/12/2009 print number 8568b
06/15/2009 reported referred to rules
06/16/2009 reported
06/16/2009 rules report cal.358
06/16/2009 ordered to third reading rules cal.358
06/17/2009 passed assembly
06/17/2009 delivered to senate
06/18/2009 REFERRED TO RULES
07/16/2009 SUBSTITUTED FOR S3619A
07/16/2009 3RD READING CAL.569
07/16/2009 PASSED SENATE
07/16/2009 RETURNED TO ASSEMBLY
08/14/2009 delivered to governor
08/26/2009 signed chap.403
A08568 Votes:BILL: A08568B DATE: 06/17/2009 MOTION: YEA/NAY: 146/000
Abbate Y Cahill Y Englebr Y Hooper Y Maisel Y Powell Y Skartad Y
Alessi Y Calhoun Y Errigo Y Hoyt Y Markey Y Pretlow Y Spano Y
Alfano Y Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn Y Stirpe Y
Amedore Y Canestr Y Farrell Y Jacobs Y McDonou Y Rabbitt Y Sweeney Y
Arroyo Y Carrozz ER Fields Y Jaffee Y McEneny Y Raia Y Tedisco Y
Aubry Y Castro Y Finch Y Jeffrie Y McKevit Y Ramos Y Thiele Y
Bacalle Y Christe Y Fitzpat Y John Y Meng Y Reilich Y Titone Y
Ball Y Clark Y Gabrysz Y Jordan Y Miller Y Reilly Y Titus Y
Barclay Y Colton Y Galef Y Kavanag Y Millman Y Rive J Y Tobacco Y
Barra Y Conte Y Gantt Y Kellner Y Molinar Y Rive N Y Towns Y
Barron ER Cook Y Gianari Y Kolb Y Morelle Y Rive PM Y Townsen Y
Benedet Y Corwin Y Gibson Y Koon Y Nolan Y Robinso Y Walker Y
Benjami Y Crespo Y Giglio Y Lancman Y Oaks Y Rosenth Y Weinste Y
Bing Y Crouch Y Glick Y Latimer Y O'Donne Y Russell ER Weisenb Y
Boyland ER Cusick Y Gordon Y Lavine Y O'Mara Y Saladin Y Weprin Y
Boyle Y Cymbrow Y Gottfri Y Lentol Y Ortiz Y Sayward Y Wright Y
Bradley Y DelMont Y Gunther Y Lifton Y Parment Y Scarbor Y Zebrows Y
Brennan Y DenDekk Y Hawley Y Lope PD Y Paulin Y Schimel Y Mr Spkr Y
Brodsky Y Destito Y Hayes Y Lope VJ Y Peoples Y Schimmi Y
Brook-K Y Dinowit Y Heastie Y Lupardo Y Peralta Y Schroed Y
Burling Y Duprey Y Hevesi Y Magee Y Perry Y Scozzaf Y
Butler Y Eddingt Y Hikind Y Magnare Y Pheffer Y Seminer Y
A08568 Memo:BILL NUMBER:A8568B
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to the graduated licensing program; to repeal section 503-a of such law
relating thereto; and providing for the repeal of certain provisions
upon expiration thereof
PURPOSE OF THE BILL: This bill would enhance highway safety by
strengthening the Vehicle and Traffic Law ("VTL") graduated licensing
program provisions for safety of junior drivers and their passengers and
by limiting driver distraction and inattention by prohibiting the use of
portable electronic devices while driving.
SUMMARY OF PROVISIONS: Section 1 of the bill would amend VTL, S 501(4)
to eliminate the reference to limited class DJ and MJ licenses (which is
a conforming amendment consistent with the repeal of VTL S 503-a which
authorizes such licenses). Holders of DJ and MJ class learner's permits
who complete a road test can currently receive a limited class DJ or MJ
license if such road test is taken less than 6 months after the permit
was issued. A limited class DJ or MJ license permits persons over the
age of sixteen, but under the age of eighteen, to operate passenger
vehicles and trucks or motorcycles, respectively, and becomes a DJ or MJ
license after six months.
Section 2 of the bill would amend VTL S 501-b(c) and (d) to reduce from
two to one, the number of non-family passengers under the age of twen-
ty-one who may be a passenger in a motor vehicle operated by the holder
of a DJ or MJ learner's permit when not accompanied by a duly licensed
parent, guardian, or person in a position of loco parentis. The amend-
ment to paragraph (d) would require that a DJ or MJ permit be held for
at least six months before a DJ/MJ license is issued.
Section 3 of the bill would amend VTL S 501-b(2) of the VTL to reduce,
from two to one, the number of non-family passengers under the age of
twenty-one who may be a passenger in a motor vehicle operated by the
holder of a DJ or MJ license.
Section 4 of the bill would add a new VTL S 1225-d to prohibit the use
of portable electronic devices while operating a motor vehicle while in
motion. A summons for operating a motor vehicle while using a portable
electronic device shall only be issued when there is reasonable cause to
believe that the person operating the motor vehicle has committed a
separate violation of the law.
Section 5 of the bill would amend VTL S 502(2)(d) to increase the number
of supervised driving hours that an applicant's parent or guardian must
certify (in writing) that the applicant for a DJ or MJ license has had
(before the applicant may take a road test), from 20 to 50 hours, and
also to require that at least 15 of those practice driving hours be
after sunset.
Section 6 of the bill would repeal VTL S 503-a which provides for the
issuance of limited class DJ and MJ licenses.
Section 7 of the bill would amend VTL S 509(3) to clarify that not only
is a person prohibited from operating a motor vehicle in violation of
restrictions that are contained on his/her driver's license, but in
addition, a person is prohibited from operating a motor vehicle in
violation of restrictions that are applicable to (as opposed to being
set forth on) the permit or license.
Section 8 of the bill would make conforming amendments to VTL
510-b(1),(2) and (3) to eliminate references to limited class DJ and MJ
licenses.
Section 9 of the bill would amend VTL S 510-c to provide that certain
licensing sanctions that result from certain violations committed while
a person holds a DJ or MJ permit/license will be imposed against whatev-
er permit or license the person holds at the time of conviction.
Section 10 of the bill would amend VTL S 1229-c(3-a) to eliminate the
reference to limited class DJ or MJ licenses.
Section 11 of the bill would allow the continuation of all local laws
relating to the operation of a motor vehicle while using a portable
electronic device enacted prior to June 10, 2009 but only until November
1, 2009, when the statewide law takes effect. Additionally, it would
allow a locality to adopt such local law, ordinance or code after June
10, 2009 but with the same terms of Section 1225-d.
Section 12 of the bill would preempt any local law, ordinance, code,
rule or regulation relating to the use of portable electronic devices
while operating a motor vehicle, but would not limit state or local
agencies from imposing more stringent restrictions than provided in this
act upon individuals whom they regulate while performing their duties.
Section 13 of the bill would direct the commissioner of motor vehicles,
in consultation with the superintendent of the state police, to study
the effects of the use of portable electronic devices in conjunction
with the operation of a motor vehicle, including the effects of forms of
inattention and distraction and impacts on highway safety.
Section 14 of the bill would provide that this act shall take effect
immediately, except that Sections 4 and 12 of this act shall take effect
on November 1, 2009, and Sections 1, 2, 3, 5, 6, 8, 9, and 10 of this
act shall take effect on the one hundred eightieth day after it shall
become law. Further, Section 11 of this act shall expire on November 1,
2009.
EXISTING LAW: VTL S 501(4), which provides that certain licenses shall
be considered probationary, does not apply to limited class DJ and MJ
licenses.
VTL S 501-b(1) and 501-b(2) provides that only two non-family passengers
under twenty-one may be a passenger in a motor vehicle operated by the
holder of a DJ or MJ learner's permit/license. There are currently no
statewide restrictions regarding operation of a motor vehicle while
using portable electronic devices. VTL S502(2)(d) provides that before a
class DJ or MJ or limited DJ or limited MJ license may be issued, an
applicant must provide - at the time of a road test - a written certif-
ication from his/her parent or guardian certifying that the applicant
has had 20 hours of supervised driving experience. There is no require-
ment that any of the 20 hours of supervised driving take place after
sunset. VTL S503-a provides for the issuance of limited class DJ and MJ
licenses to holders of DJ or MJ learner's permits who pass a road test
within the first six months of the permit's validity. VTL S509(3)
prohibits a person from operating a motor vehicle in violation of
restrictions that are contained on his/her driver's license. VTL
510-b(1),(2) and (3) provide for the suspension and revocation of
licenses for violations committed during a probationary period. VTL
S510-c provides that if a junior driver commits certain violations while
holding a class DJ or MJ permit or a DJ or MJ license, and the
violations are of a number or type that call for the imposition of a
license sanction, such sanction may only be imposed against the DJ or MJ
permit or license. VTL S 1229-c(3-a) prohibits holders of DJ class
learner's permits or limited class DJ or MJ licenses from operating a
motor vehicle unless they and all passengers are wearing a seat belt and
all passengers under the age of four are restrained in booster seats.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
STATEMENT IN SUPPORT: According to a 2008 publication by the National
Highway Transportation Safety Administration (NHTSA), a significant
percentage of junior drivers are involved in traffic crashes and are
twice as likely as adult drivers to be in a fatal crash. Sixteen-year
old drivers have crash rates that are about three times greater than
17-year old drivers, five times greater than 18-year-old drivers, and
approximately twice the rate of 85-year old drivers. Some of the factors
contributing to these higher crash rates include lack of driving experi-
ence and inadequate driving skills; excessive driving during night-time;
risk-taking behavior; poor driving judgment and decision making; and
distractions from teenage passengers. NHTSA has encouraged states to
implement a graduated licensing system (GDL) to ease young, inexperi-
enced drivers onto the roadways, as an effective way of reducing the
incidence of traffic crashes. Various national organizations (e.g., the
American Association of Motor Vehicle Administrators (AAMVA), the Ameri-
can Automobile Association (AM), and the Insurance Institute for Highway
Safety (IIHS)) and traffic safety researchers have also evaluated,
recommended and recognized the benefits of GDL systems, which prolong
the learning process and provide a more protective driving environment
for the young novice drivers and their passengers.
This legislation would significantly strengthen New York's GDL laws,
bringing New York's program closer to the model GDL laws recommended by
NHSTA in a number of important respects, and implementing additional
enhancements as well. This bill would eliminate the limited DJ/MJ class
license and require that DJ/MJ learner's permits must be held for at
least six months before a DJ/MJ or D/M license may be issued. This will
help ensure that before teens drive unsupervised they will have had at
least six months of supervised driving experience. It will also simplify
the current laws regarding junior drivers (who hold DJ/MJ licenses),
making the laws more readily understandable by members of the public and
law enforcement, and hence more easily enforced. The number of practice
driving hours that must be certified by a parent or guardian would
increase from the current 20-hour requirement, to 50 hours, 15 hours of
which must take place after sunset. The number of non-family passengers
under the age of 21 who will be able to ride with a junior driver who is
not accompanied by a specified supervising adult will be reduced from
two to one.
In addition, a technical correction will be made to the VTL provision
that prohibits operating in violation of restrictions contained on a
license so that the prohibition will apply to restrictions contained on,
or applicable to, both licenses and permits. Although GDL programs have
been recognized as an effective way to reduce the risks to young driv-
ers, such programs vary from state to state, with some programs being
more effective than others. A study by researchers from the Johns
Hopkins Bloomberg School of Public Health's Center for Injury and
Research and Policy and the Johns Hopkins School of Medicine published
in 2006 found that more comprehensive GDL programs have the greatest
effect in reducing the incidence of fatal crashes of 16 year old driv-
ers. Studies have also shown that driving skills sharpen over time and
that crash rates diminish dramatically during the first year of licen-
sure. This bill would be an important step toward implementing New
York's ongoing commitment to solving the tragic problem of fatal and
personal injury crashes involving teenagers.
Finally, the use of portable electronic devices, such as hand-held
mobile telephones and personal digital assistants (PDAs), while operat-
ing a motor vehicle have become a distraction, and therefore a danger
and threat to public safety. Crashes due to driver inattention or
distraction are on the rise in the United States and they have resulted
in more fatalities. The National Highway Traffic Safety Administration
estimates that 25 percent of all police-reported crashes involve some
form of driver inattention. This bill would help limit driver
distraction and inattention by prohibiting any operator in the state
from using any portable electronic device while driving, and in turn,
enhancing highway safety.
BUDGET IMPLICATIONS: None.
EFFECTIVE DATE: This bill shall take effect immediately, except that
Sections 4 and 12 of this act shall take effect on November 1, 2009, and
Sections 1, 2, 3, 5, 6, 8, 9, and 10 of this act shall take effect on
the one hundred eightieth day after it shall become law. Further,
Section 11 of this act shall expire on November 1, 2009. A limited use
license issued prior to the effective date would remain valid until it
expires.
|
