S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6108

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2009
                               ___________

Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. CHRIS-
  TENSEN -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
  passengers  under  the age of eighteen in a car with a driver having a
  class DJ or MJ learner's permit or license unless the  passengers  are
  related,  increasing  the suspension period for drivers having a class
  DJ or MJ learner's permit or license from 60 to 180 days and institut-
  ing fines against parents who knowingly let their children  operate  a
  vehicle  outside  the  prescribed  limitations  for the class DJ or MJ
  learner's permit or license

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 501-b of the vehicle and traffic law, as added by
chapter 644 of the laws of 2002, is amended to read as follows:
  S 501-b. Additional restrictions  on  certain  learners'  permits  and
drivers'  licenses.  1.  In  addition  to  the restrictions contained in
subdivision five of section five hundred one of this article, no  holder
of a class DJ or class MJ learner's permit shall:
  (a)  operate  a motor vehicle with any front seat occupants other than
the supervising driver;
  (b) operate a motor vehicle unless every occupant of such  vehicle  is
properly  restrained by a safety belt or child safety seat in accordance
with the provisions of subdivision three-a  of  section  twelve  hundred
twenty-nine-c of this chapter;
  (c)  operate  a  motor  vehicle  with more than two passengers who are
under the age of twenty-one and who are not  members  of  such  holder's
immediate  family,  provided,  however,  that  the  provisions  of  this
[subparagraph] PARAGRAPH shall not apply when such holder is accompanied
by a duly licensed parent, guardian, person in a position of loco paren-
tis, driver education teacher or driving school instructor;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08796-01-9

              

A. 6108                             2

  (d) OPERATE A MOTOR VEHICLE WITH NO PASSENGERS WHO ARE UNDER  THE  AGE
OF  EIGHTEEN  AND WHO ARE NOT MEMBERS OF SUCH HOLDER'S IMMEDIATE FAMILY,
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY
WHEN SUCH HOLDER IS ACCOMPANIED BY A  DULY  LICENSED  PARENT,  GUARDIAN,
PERSON IN A POSITION OF LOCO PARENTIS, DRIVER EDUCATION TEACHER OR DRIV-
ING SCHOOL INSTRUCTOR;
  (E)  be  eligible for issuance of a class DJ or MJ license unless such
permit and/or limited class DJ or MJ license issued pursuant to  section
five  hundred  three-a  of  this article, singly or in combination, have
been valid for at least six months. Any time period in which such  class
DJ  or  MJ  learner's  permit or limited class DJ or MJ license has been
suspended or revoked shall not be counted in determining the  length  of
time that such learner's permit or limited license has been valid.
  2.  In  addition to the restrictions contained in subdivision three of
section five hundred one of this article, no holder of  a  class  DJ  or
class MJ license shall operate a motor vehicle:
  (a)  unless every occupant of such vehicle is properly restrained by a
safety belt or child safety seat in accordance with  the  provisions  of
subdivision  three-a  of  section  twelve  hundred twenty-nine-c of this
chapter; and
  (b) with more than two passengers who are under the age of  twenty-one
and  who  are  not  members of such holder's immediate family, provided,
however, that the provisions of this [subparagraph] PARAGRAPH shall  not
apply when such holder is accompanied by a duly licensed parent, guardi-
an,  person  in a position of loco parentis, driver education teacher or
driving school instructor[.]; AND
  (C) WITH NO PASSENGERS WHO ARE UNDER THE AGE OF EIGHTEEN AND  WHO  ARE
NOT  MEMBERS  OF SUCH HOLDER'S IMMEDIATE FAMILY, PROVIDED, HOWEVER, THAT
THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY  WHEN  SUCH  HOLDER  IS
ACCOMPANIED BY A DULY LICENSED PARENT, GUARDIAN, PERSON IN A POSITION OF
LOCO PARENTIS, DRIVER EDUCATION TEACHER OR DRIVING SCHOOL INSTRUCTOR.
  S 2. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2
of section 510-c of the vehicle and traffic law, as added by chapter 644
of the laws of 2002, are amended to read as follows:
  (a)  A  class DJ or class MJ learner's permit shall be suspended for a
period of [sixty] ONE HUNDRED EIGHTY days:
  (a) A class DJ or class MJ driver's license or  limited  class  DJ  or
class MJ license shall be suspended, for a period of [sixty] ONE HUNDRED
EIGHTY days:
  S  3. Section 1212 of the vehicle and traffic law, as added by chapter
47 of the laws of 1988, is amended to read as follows:
  S 1212. Reckless driving. Reckless driving shall mean driving or using
any motor vehicle, motorcycle or any  other  vehicle  propelled  by  any
power other than muscular power or any appliance or accessory thereof in
a  manner  which unreasonably interferes with the free and proper use of
the public highway, or unreasonably endangers users of the public  high-
way.  Reckless  driving  is prohibited. [Every person] PERSONS violating
this provision shall be guilty of a misdemeanor.
  ANY PERSON HOLDING A CLASS DJ OR CLASS MJ LEARNER'S PERMIT OR  LICENSE
OR  LIMITED CLASS DJ OR CLASS MJ LICENSE WHO VIOLATES THIS SECTION SHALL
BE GUILTY OF A CLASS E FELONY.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
510-d to read as follows:
  S  510-D.  KNOWINGLY  OPERATING  OUTSIDE OF LIMITATIONS ON CLASS DJ OR
CLASS MJ LEARNER'S PERMITS OR DRIVER'S LICENSES; PARENTS. ANY PARENT WHO
KNOWINGLY ALLOWS A CHILD TO OPERATE A  VEHICLE  OUTSIDE  THE  PRESCRIBED

A. 6108                             3

LIMITATIONS OF SUCH CHILD'S LICENSE CLASSIFICATION SHALL BE SUBJECT TO A
FINE OF NOT LESS THAN TWO THOUSAND DOLLARS.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.