Enacts the "Guy Kyler Act" making provisions relating to suspension of vessel operation privileges and motor vehicle licenses for operating under the influence

5 Co-sponsors

• James S. Alesi
• John J. Bonacic
• John A. DeFrancisco
• John J. Flanagan
• Charles J. Fuschillo Jr.

BILL NUMBER:S283

Title of bill

An act to amend the vehicle and traffic law and the navigation law, in relation to suspension of vessel operation privileges and motor vehicle licenses for the operation of a vessel while under the influence of alcohol or drugs

Purpose

Currently, Boating While Intoxicated (BWI), Boating While Ability Impaired (BWAI), Driving While Intoxicated (DWI) and Driving While Ability Impaired (DWAI) offenses are punished with sentencing options limited to the activity being conducted, such as suspension or limitation of driving privileges only for a DWI or DUI conviction.

The purpose of this legislation is to prohibit the operation of a motor vehicle after being convicted of a BWAI or BWI and, conversely, prohibit the operation of a boat when convicted of DWAI or DWI. The bill also provides for the suspension of the driver's license, as well as the option of suspending the registration of both their vehicle(s) and vessel(s).

Summary of provisions

Section 1193 of the Vehicle and Traffic Law is amended by naming this measure "the Guy Kyler Act." It is also amended by adding a new subdivision which suspends a person's privilege to operate a vessel when convicted of DWAI or DWI. Section 49-a of the Navigation Law is also amended to establish the length of time the privilege to operate a vessel can be suspended based on alcohol-related Vehicle and Traffic Law convictions. A registration can be suspended for up to one year when one is convicted of DWAI or DWI. Subdivision 3-a of section 49-a of the Navigation Law also states that a person's motor vehicle license shall be suspended upon conviction of BUI or BWI violations of the Navigation Law.

Justification

Nationwide, the number of laws cracking down on drunk boat operators have increased as boating, jet skiing and other water sports become more popular. States like Massachusetts, New Jersey and New Hampshire have enacted similar legislation and have seen a definite decrease in BWI and DWI incidents. New Jersey implemented such a law two years ago and has already experienced a 25 percent drop in BWI arrests. A number of BWI incidents have occurred in New York State while the operators' motor vehicle license had been suspended on DWI charges. This legislation will help to put an end to these incidents by sending a strong warning to boaters and drivers that drinking and driving will not be tolerated on New York's highways and waters. The recent campaigns that warn of the dangers of DWI have proven effective in reducing the number of those killed or injured because of DWI. People have become aware of the fact that this behavior is dangerous and will not be tolerated. This bill does not intend to affect the livelihood of those who depend on their vessels and automobiles as sources of income. It is simply hoped that this bill will make people just as aware of the dangers and ramifications of drinking and operating a boat.

Prior legislative history

S.1398 of 2009/2010; Referred to Senate Transportation S.108/A.2254 of 2007/2008, Passed Assembly, Referred to Senate Transportation Committee S.2280/A.3313 of 2005/2006, Passed Assembly, Referred to Senate Transportation Committee S.563/A.1596 of 2003/2004, Passed Assembly A.2637/S.1632 of 2001-2002, Passed Assembly A.1204/S.1516 of 1999-2000, Passed Assembly A.5285-A/S.3573-B of 1997-1998, Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.