Bill Text: NY A05009 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases the length of time vehicle registrations, drivers' licenses and non-resident driving privileges for individuals who drive without insurance are revoked; makes driving without insurance on a vehicle a misdemeanor; increases the penalties for driving without a license; increases penalties for aggravated unlicensed operation of a motor vehicle.
Spectrum: Strong Partisan Bill (Republican 16-1)
Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05009 Detail]
Download: New_York-2019-A05009-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5009 2019-2020 Regular Sessions IN ASSEMBLY February 6, 2019 ___________ Introduced by M. of A. RAIA, McDONOUGH, MALLIOTAKIS, FINCH -- Multi- Sponsored by -- M. of A. BLANKENBUSH, FITZPATRICK, GIGLIO, HAWLEY, M. L. MILLER, THIELE -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing the penalties for violations relating to the licensing of drivers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 2 of section 318 of the vehi- 2 cle and traffic law is amended to read as follows: 3 (b) Such motor vehicle shall not be registered in the name of such 4 person, or in any other name where the commissioner has reasonable 5 grounds to believe that such registration will have the effect of 6 defeating the purpose of this article, and no other motor vehicle shall 7 be registered in the name of such person, nor any driver's license 8 issued to such person, for a period of [one year] eighteen months from 9 the date of such revocation. 10 § 2. Paragraph (b) of subdivision 4 of section 318 of the vehicle and 11 traffic law is amended to read as follows: 12 (b) Such non-resident privileges shall not be restored for a period of 13 [one year] eighteen months from the date of such revocation. 14 § 3. Paragraph (b) of subdivision 5 of section 318 of the vehicle and 15 traffic law is amended to read as follows: 16 (b) No new driver's license shall be issued, or non-resident privilege 17 restored to such person for a period of [one year] eighteen months from 18 the date of such revocation. 19 § 4. Subdivision 9 of section 318 of the vehicle and traffic law, as 20 amended by chapter 1025 of the laws of 1971, is amended to read as 21 follows: 22 9. (a) If a motor vehicle has been involved in an accident, and its 23 registration or the driver's license of its operator, or both, have been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07953-01-9A. 5009 2 1 revoked pursuant to this section, then neither such vehicle nor any 2 other motor vehicle shall be registered or reregistered in the name of 3 its owner or of any other person legally responsible for its use, nor 4 shall any driver's license be issued to such owner, person or operator 5 until [one year has] eighteen months have passed since the date of such 6 revocation and, as the case may be, the commissioner has received the 7 payments and evidence required by paragraph (c) [below] of this subdivi- 8 sion. 9 (b) If a motor vehicle not registered in this state is involved in an 10 accident in this state and the privilege of its operation within this 11 state has been revoked, then neither its owner, any person legally 12 responsible for its use nor its operator shall exercise the privilege of 13 the operation of such vehicle within this state or the privilege of 14 operation within this state of any motor vehicle, until [one year has] 15 eighteen months have passed since the date of revocation and, as the 16 case may be, the commissioner has received the payments and evidence as 17 required in paragraph (c) [below] of this subdivision. 18 (c) The payments and evidence referred to in paragraphs (a) and (b) 19 [above] of this subdivision shall be evidence, satisfactory to the 20 commissioner, 21 (1) That no cause of action based upon such accident against such 22 owner, person legally responsible or operator has been commenced within 23 a period of [one year] eighteen months from the date of the accident or 24 a release thereof has been given to such owner, person or operator, or 25 (2) That no judgment arising out of such cause of action for amounts 26 within the limits stated in paragraph (a) of subdivision four of section 27 three hundred eleven of this article against such owner, person or oper- 28 ator remains unsatisfied, except that such registration and licensing 29 privileges may be restored on compliance with the procedures permitting 30 the payment of a judgment in installments provided in section three 31 hundred thirty-four of this title and 32 (3) That all civil penalties required to be paid to the department 33 pursuant to the provisions of subdivision five of section three hundred 34 nineteen of this [chapter] article have been paid. 35 § 5. Subdivision 15 of section 318 of the vehicle and traffic law, as 36 amended by chapter 186 of the laws of 1985, is amended and a new subdi- 37 vision 16 is added to read as follows: 38 15. Notwithstanding any provisions of this section, a restricted use 39 license or privilege of operating a motor vehicle in this state may be 40 issued to a person who has had his or her license or such privilege 41 revoked or suspended pursuant to any provision of this section in 42 accordance with article twenty-one-A of this chapter. No restricted use 43 license or privilege of operating a motor vehicle in this state may be 44 issued to a person who has had his or her license or such privilege 45 revoked or suspended pursuant to any provision of this section twice 46 within eighteen months. 47 16. Any person who has had his or her license or privilege of operat- 48 ing a motor vehicle in this state revoked or suspended pursuant to any 49 provision of this section three or more times within eighteen months 50 shall have his or her license or such privilege revoked permanently. 51 § 6. Subdivisions 1 and 5 of section 319 of the vehicle and traffic 52 law, as amended by section 11 of part C of chapter 62 of the laws of 53 2003, are amended to read as follows: 54 1. Any owner of a motor vehicle registered in this state, or an unreg- 55 istered motor vehicle, who shall operate such motor vehicle or permit it 56 to be operated in this state without having in full force and effect theA. 5009 3 1 financial security required by the provisions of this chapter and any 2 other person who shall operate in this state any motor vehicle regis- 3 tered in this state, or an unregistered motor vehicle, with the know- 4 ledge that the owner thereof does not have in full force and effect such 5 proof of financial security, except a person who, at the time of opera- 6 tion of such motor vehicle, had in effect an operator's policy of 7 liability insurance, as defined in section three hundred eighteen of 8 this article, with respect to his operation of such vehicle shall be 9 guilty of a [traffic infraction and upon conviction may be fined not10less than one hundred fifty dollars or more than one thousand five11hundred dollars or may be imprisoned for not more than fifteen days or12both] misdemeanor. In addition to the penalties [herein] set forth in 13 this section, such person, upon conviction, shall also become liable for 14 payment to the department of the civil penalty provided in subdivision 15 five of this section. 16 5. The civil penalty for a violation of subdivision one of this 17 section shall be [seven hundred fifty] one thousand dollars. 18 § 7. Subdivision 11 of section 509 of the vehicle and traffic law, as 19 amended by section 3 of part C of chapter 62 of the laws of 2003, is 20 amended to read as follows: 21 11. (a) A violation of any provision of this section shall be punisha- 22 ble by a fine of not less than seventy-five nor more than three hundred 23 dollars, or by imprisonment for not more than fifteen days, or by both 24 such fine and imprisonment except, if the violation consists of failure 25 to renew a license which was valid within sixty days, the fine shall be 26 not more than forty dollars, and except that a violation of subdivision 27 [seven or] eight of this section shall be punishable by a fine of not 28 more than seventy-five dollars. 29 (b) A second or subsequent violation of any provision of this section, 30 except for a violation for failure to renew a license which was valid 31 within sixty days or for a violation of subdivision eight of this 32 section, shall be punishable by a fine of not less than seventy-five nor 33 more than five hundred dollars, or by imprisonment for not more than 34 ninety days, or by both such fine and imprisonment. 35 § 8. Paragraph (a) of subdivision 1 of section 511 of the vehicle and 36 traffic law, as amended by chapter 173 of the laws of 1990, is amended 37 to read as follows: 38 (a) A person is guilty of the offense of aggravated unlicensed opera- 39 tion of a motor vehicle in the third degree when such person operates a 40 motor vehicle upon a public highway while knowing or having reason to 41 know that such person's license or privilege of operating such motor 42 vehicle in this state or privilege of obtaining a license to operate 43 such motor vehicle issued by the commissioner is suspended, revoked or 44 otherwise withdrawn by the commissioner, or when such person operates a 45 motor vehicle without being duly licensed pursuant to section five 46 hundred two of this title and such person has previously been convicted 47 for a violation of section five hundred nine of this title within the 48 immediately preceding eighteen months. For the purpose of this para- 49 graph, a person who has in effect three or more suspensions or revoca- 50 tions of his or her license, imposed on at least three separate dates, 51 shall be presumed to know that such license was suspended or revoked. 52 § 9. Paragraph (b) of subdivision 2 of section 511 of the vehicle and 53 traffic law, as amended by chapter 607 of the laws of 1993, is amended 54 to read as follows: 55 (b) Aggravated unlicensed operation of a motor vehicle in the second 56 degree is a [misdemeanor] class E felony. When a person is convicted ofA. 5009 4 1 this crime under subparagraph (i) of paragraph (a) of this subdivision, 2 the sentence of the court must be: (i) a fine of not less than five 3 hundred dollars; and (ii) a term of imprisonment not to exceed one 4 hundred eighty days; or (iii) where appropriate a sentence of probation 5 as provided in subdivision six of this section; or (iv) a term of impri- 6 sonment as a condition of a sentence of probation as provided in the 7 penal law and consistent with this section. When a person is convicted 8 of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of 9 this subdivision, the sentence of the court must be: (i) a fine of not 10 less than five hundred dollars nor more than one thousand dollars; and 11 (ii) a term of imprisonment of not less than seven days nor more than 12 one hundred eighty days, or (iii) where appropriate a sentence of 13 probation as provided in subdivision six of this section; or (iv) a term 14 of imprisonment as a condition of a sentence of probation as provided in 15 the penal law and consistent with this section. 16 § 10. Subparagraph (ii) of paragraph (a) of subdivision 3 of section 17 511 of the vehicle and traffic law, as amended by chapter 732 of the 18 laws of 2006, is amended to read as follows: 19 (ii) commits the offense of aggravated unlicensed operation of a motor 20 vehicle in the third degree as defined in subdivision one of this 21 section; and is operating a motor vehicle while such person has in 22 effect [ten] five or more suspensions, imposed on at least [ten] five 23 separate dates for failure to answer, appear or pay a fine, pursuant to 24 subdivision three of section two hundred twenty-six of this chapter or 25 subdivision four-a of section five hundred ten of this article; or 26 § 11. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 27 traffic law, as separately amended by chapters 786 and 892 of the laws 28 of 1990, is amended to read as follows: 29 (b) Aggravated unlicensed operation of a motor vehicle in the first 30 degree is a class [E] D felony. When a person is convicted of this 31 crime, the sentence of the court must be: (i) a fine in an amount not 32 less than five hundred dollars nor more than five thousand dollars; and 33 (ii) a term of imprisonment as provided in the penal law, or (iii) where 34 appropriate and a term of imprisonment is not required by the penal law, 35 a sentence of probation as provided in subdivision six of this section, 36 or (iv) a term of imprisonment as a condition of a sentence of probation 37 as provided in the penal law. 38 § 12. This act shall take effect on the first of November next 39 succeeding the date on which it shall have become a law.