Bill Text: NY A08566 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a hardship privilege for those with a suspended license where there is a necessary operation of a vehicle during the course of the licensee's employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A08566 Detail]
Download: New_York-2009-A08566-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8566
2009-2010 Regular Sessions
I N A S S E M B L Y
May 28, 2009
___________
Introduced by M. of A. GANTT -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Trans-
portation
AN ACT to amend the vehicle and traffic law, in relation to automatic
suspension of a license and hardship privileges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Clause e of subparagraph 7 of paragraph (e) of subdivision
2 2 of section 1193 of the vehicle and traffic law, as amended by chapter
3 251 of the laws of 2007, is amended to read as follows:
4 e. If the court finds that the suspension imposed pursuant to this
5 subparagraph will result in extreme hardship, the court must issue such
6 suspension, but may grant a hardship privilege, which shall be issued on
7 a form prescribed by the commissioner. For the purposes of this clause,
8 "extreme hardship" shall mean the inability to obtain alternative means
9 of travel to or from the licensee's employment, OR NECESSARY OPERATION
10 OF A VEHICLE DURING THE COURSE OF THE LICENSEE'S EMPLOYMENT, or to or
11 from necessary medical treatment for the licensee or a member of the
12 licensee's household, or if the licensee is a matriculating student
13 enrolled in an accredited school, college or university travel to or
14 from such licensee's school, college or university if such travel is
15 necessary for the completion of the educational degree or certificate.
16 The burden of proving extreme hardship shall be on the licensee who may
17 present material and relevant evidence. A finding of extreme hardship
18 may not be based solely upon the testimony of the licensee. In no event
19 shall arraignment be adjourned or otherwise delayed more than three
20 business days solely for the purpose of allowing the licensee to present
21 evidence of extreme hardship. The court shall set forth upon the record,
22 or otherwise set forth in writing, the factual basis for such finding.
23 The hardship privilege shall permit the operation of a vehicle only for
24 travel to or from the licensee's employment, OR NECESSARY OPERATION OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10107-01-9
A. 8566 2
1 VEHICLE DURING THE COURSE OF THE LICENSEE'S EMPLOYMENT FOR A PERIOD OF
2 NO MORE THAN THIRTY DAYS, or to or from necessary medical treatment for
3 the licensee or a member of the licensee's household, or if the licensee
4 is a matriculating student enrolled in an accredited school, college or
5 university travel to or from such licensee's school, college or univer-
6 sity if such travel is necessary for the completion of the educational
7 degree or certificate. A hardship privilege shall not be valid for the
8 operation of a commercial motor vehicle.
9 S 2. This act shall take effect on the thirtieth day after it shall
10 have become a law; provided, however, that the amendments to clause e of
11 subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the
12 vehicle and traffic law made by section one of this act shall not affect
13 the repeal of such subparagraph and shall be deemed repealed therewith.
