Relates to the graduated licensing program; repeals section 503-a of the vehicle and traffic law

Summary of provisions

Section 1 of the bill would amend VTL, § 501(4) to eliminate the reference to limited class DJ and MJ licenses (which is a conforming amendment consistent with the repeal of VTL § 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 § 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 § 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 § 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 § 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 § 503-a which provides for the issuance of limited class DJ and MJ licenses.

Section 7 of the bill would amend VTL § 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 § 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 § 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 § 501(4), which provides that certain licenses shall be considered probationary, does not apply to limited class DJ and MJ licenses.

VTL § 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 §502(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 §503-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 §509(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 §510-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 § 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.