Relates to notice upon conviction for certain violations of right to withdraw consent

1 Co-sponsor

• Tony Avella

BILL NUMBER:S1419

Title of bill

An act to amend the vehicle and traffic law, in relation to notice to guardians of minors holding learner's permits or junior licenses, upon conviction for certain violations, of their right to withdraw consent

Purpose

To provide parents or guardians with notification of their child's conviction of a serious traffic infraction which resulted in a suspension of their driving privileges, as well as notification of a parent or guardian's right to withdraw their consent to issue or reissue their license or learner's permit.

Summary of provisions

Section 1 amends Subdivision 5 of Section 514 of the Vehicle and Traffic Law directing the trial court or clerk to, upon conviction for a violation of the vehicle and traffic law, inform the parent or guardian of their right to submit a form to DMV which allows them to withdraw consent for the issuance or reissuance of a driver's license or learner's permit.

Section 2 makes the effective date nine months after it becomes law.

Existing law

Subdivision 2 of Section 502 of the Vehicle and Traffic Law requires that an applicant for a class DJ or MJ license must submit written consent to the issuance of such license by the applicant's parent or guardian. Upon receipt of withdrawal of such consent, any class DJ or MJ license, learner's permit or license application shall be canceled.

Justification

Many parents are aware that they must sign a written consent form in order for their child to secure a junior driver's license, however, most parents are not aware that they may withdraw such consent at any time while their child holds a learner's permit or junior license simply by filling out a withdrawal of consent form with the Department of Motor Vehicles. When a junior driver is convicted of a serious traffic violation, it is critically important that parents and guardians are made well aware that they may withdraw consent, thus canceling their child's driving application.

Being convicted of a serious traffic violation as a holder of learner's permit or junior license may indicate a lack of experience, maturity or ability. Parents and guardians who are made aware of the law allowing them to withdraw consent may choose to exercise this right. Young drivers are those who are statistically most likely to be involved in motor vehicle accidents and as such, this notification may serve to reduce the number of accidents and curb teenage reckless driving.

Legislative history

2007-2008: S.1091A - Passed Senate 2006: S.6558 - Passed Senate

Fiscal implications

None.

Effective date

Nine months after it shall have become law.