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History
- Referred to transportation
- Referred to transportation
Companion bill
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Increases the penalties for violations relating to the licensing of drivers
In Assembly Committee · Transportation · Sponsor Andrew Raia
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to increasing the penalties for violations relating to the licensing of drivers
Purpose
The Long Island Assembly Republicans stand committed to making our roads safer for New York's residents. As proof of that commitment, this legislation increases the penalties for individuals who continue to drive without valid licenses and/or insurance.
Summary of provisions
Section 1: Amends 318 of the Vehicle and Traffic Law, which sets out a system for the revocation of vehicle registrations, drivers' licenses and non-resident driving privileges for individuals who drive without insurance, to increase the length of time such privileges are revoked. Under this legislation, upon such revocation by the DMV, a driver's license and vehicle registration shall not be reissued until 18 months after the date of the revocation. Furthermore, this section is amended to result in the permanent revocation of a driver's license doe to 3 or more convictions for driving without insurance within 18 months. Additionally, 318 is amended to prevent individuals who are convicted twice within 18 months from applying for a restricted use license (only valid for travel to and from work, school, medical appointments, etc.).
Read the full memo (821 words)
Section 2: Amends 319 of the Vehicle and Traffic Law to increase the penalties imposed on an individual who is driving without insurance. Under this legislation, driving without insurance would be considered a misdemeanor under 1801 of the Vehicle and Traffic Law and the operator of the motor vehicle would be subject to a graduated system of fines and/or imprisonment based on the number of violations in a given period of time. Additionally, 319 provides a civil penalty of $750 for driving without insurance. This legislation increases that penalty to $1000.
Section 3: Amends 509 of the Vehicle and Traffic Law, which sets out the penalties for driving without a license, to increase those penalties. Currently, a violation of this section is punishable by a fine of not less than $75 nor more than $300 and/or imprisonment by not more than 15 days. The punishment for operating a for-hire vehicle is more severe. Under this legislation, for a second or subsequent conviction of driving without a license, a person would be punished by a fine of no more than $500 and/or imprisoned for no more than 90 days.
Section 4: Amends 511 of the Vehicle and Traffic Law, which sets out the crimes of aggravated unlicensed operation of a motor vehicle in the first, second and third degrees, to increase penalties. - Aggravated Unlicensed Operation in the Third Degree: This provision has been amended to state that, where a person has been convicted of driving without being duly licensed (pursuant to 509 of the VTL) twice within 18 consecutive months, that individual would be guilty of Aggravated Unlicensed Operation in the Third Degree which is a misdemeanor punishable by a fine of not less than $200 nor more than $500 and/or imprisonment for no more than 30 days.
- Aggravated Unlicensed Operation in the Second Degree: The punishment for this provision has been increased to a Class E felony. Currently it is a misdemeanor.
- Aggravated Unlicensed Operation in the Third Degree: This provision has been amended to decrease the number of license suspensions an individual must have to meet the elements of this crime from 10 suspensions to 5 suspensions. Additionally, the punishment for this provision of §511 has been increased to a D felony. Currently, it is an E felony.
Justification
Unlicensed and uninsured drivers pose a serious threat on NYS's roads, particularly in Long Island. Their choice to drive without a license and/or insurance displays a conscious disregard for current law and the rights and safety of other motorists and pedestrians. Often, their disregard for these requirements and the rules of the road manifests itself in a continuation of the dangerous driving habits that led to the initial loss of their license and/or insurance. Such behavior and the risks it poses cannot be tolerated. Unfortunately, the penalties contained in current law do nothing to dissuade these individuals from operating a motor vehicle without a license.
The Long Island members of the NYS Assembly Republican Conference recognize the danger these individuals pose and the fact that current penal- ties do little to dissuade individuals from driving without a license and/or insurance. This legislation increases penalties and sends a message to these individuals that this behavior will not be tolerated. The Long Island Delegation asserts that this legislation will significantly reduce the incidents of individuals driving without insurance and/or a license and endangering the public with their irresponsible and criminal behavior.
Legislative history
2007-08, S.2112; 2005-06, S.7649.
Fiscal implications
To be determined.
Local fiscal implications
To be determined.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.