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.
LBD07953-01-9
A. 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 the
A. 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 not
10 less than one hundred fifty dollars or more than one thousand five
11 hundred dollars or may be imprisoned for not more than fifteen days or
12 both] 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 of
A. 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.