Provides that the offense of operating a motor vehicle with a suspended driver's license may be enforceable in a parking lot

4 Co-sponsors

• Tony Avella
• John J. Flanagan
• Martin J. Golden
• William J. Larkin Jr.

BILL NUMBER:S939

Title of bill

An act to amend the vehicle and traffic law, in relation to the enforcement of the offense of operating a motor vehicle with a suspended license when such operation occurs in a parking lot

Purpose

To amend a current anomaly in the vehicle and traffic law and provide for the enforcement of operating a motor vehicle with a suspended license in a parking lot.

Summary of provisions

This bill amends Section 511 of the Vehicle and Traffic Law by striking the stipulation, "upon a public highway" from paragraph (a) of subdivision 1 of Section 511. It also adds a new subdivision 8 which makes enforcement of the operation of a motor vehicle while a license is suspended or revoked an enforceable offense when such motor vehicle operation takes place on private roads open to motor vehicle traffic or a parking lot. A parking lot is defined as any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles.

Justification

Currently, the "parking lot as a public highway" interpretation of the vehicle and traffic law is only applicable to Section 1192 of the Vehicle and Traffic Law, which pertains to DWI related offenses. This means that a driver with a suspended license could become involved in a serious accident in a parking lot, yet face no legal ramifications for their actions.

Legislative history

1999-2006: Passed Senate 2009-2010: Senate Transportation Committee

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.