What's happening
This bill requires court consent before the Department of Motor Vehicles can issue a conditional license after certain suspensions.
Why it matters
Adds a judicial check on conditional licenses. By requiring court consent before the DMV can issue a conditional license after certain suspensions, the bill gives judges more authority to assess whether an individual should regain limited driving privileges.
May reduce automatic restoration of driving rights. Individuals suspended for offenses like driving while ability impaired would no longer be automatically eligible for a conditional license after 30 days; a court must agree, potentially leading to fewer licenses granted.
Could impact public safety and rehabilitation. Court oversight allows consideration of each individual's circumstances, possibly ensuring that only those who demonstrate responsibility or need receive conditional licenses, which may help prevent repeat offenses and enhance road safety.
Potentially increases administrative burden. The change could lead to more court hearings or paperwork, affecting both judicial and DMV resources, and possibly delaying the process for those seeking conditional licenses.
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Who cares
Headline styles
Tougher Rules for Conditional Drivers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2585
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to sanctions for driving while ability impaired while holding a conditional license
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Clause d of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 251 of the laws of 2007, is amended to read as follows:
d. Notwithstanding any contrary provision of this chapter, if any suspension occurring under this subparagraph has been in effect for a period of thirty days, [the holder may be issued] the department may, with the consent of the court, issue a conditional license, in accordance with section eleven hundred ninety-six of this article, provided the holder of such license is otherwise eligible to receive such conditional license. A conditional license issued pursuant to this subparagraph shall not be valid for the operation of a commercial motor vehicle. The commissioner shall prescribe by regulation the procedures for the issuance of such conditional license.
§ 2. This act shall take effect one year after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07342-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to sanctions for driving while ability impaired while holding a conditional license
Purpose
Requires judicial discretion for the issuance of a conditional license.
Summary of provisions
Section 1. provides for judicial consent at the time of issuance of a conditional license.
Section 2. Effective date
Justification
Currently 30 days following arraignment of a Driving While Intoxicated charge offenders receive a conditional license granting them the privi- lege to again operate a motor vehicle. The only provision to disqualify a person from receiving a conditional license is if that offender was enrolled in a Drinking Driver Program within the last five years.
On February 22, 2009 Suffolk County police Officer Glen Ciano was killed after being hit by a vehicle driven by Jose Borbon, who earlier in the year was charged with Driving While Intoxicated. Due to lackadaisical process in which conditional licenses are issued, Jose Borbon's privi- lege to operate a motor vehicle was reinstated just 30 days following his original Driving While Intoxicated Charge.
This legislation will require each case be reviewed on a case by case basis to ensure that the licensee does not in fact pose a threat to society by temporarily receiving a conditional license.
Legislative history
2018:S.6185- Referred to Transportation/A.4416- Referred to Transporta- tion
2017:S.6185- Referred to Transportation/A.4416- Referred to Transporta- tion
2016:S.3470- Referred to Transportation/A.6986- Referred to Transporta- tion
2015:S.3470- Referred to Transportation/A.6986- Referred to Transporta- tion
2014:S.7171- Referred to Transportation/A.6489- Referred to Transporta- tion
Fiscal implications
None.
Effective date
One year after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.