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

                                  4889

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation to restrictions on commercial driver's licenses

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 501-c to read as follows:
  S  501-C.  COMMERCIAL DRIVER'S LICENSE RESTRICTIONS. 1. THE DEPARTMENT
SHALL NOT ISSUE OR RENEW A COMMERCIAL DRIVER'S  LICENSE  TO  ANY  PERSON
REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
  2. THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER LEARNER'S PERMIT
TO ANY PERSON REQUIRED TO REGISTER UNDER ARTICLE SIX-C OF THE CORRECTION
LAW.
  3. A PERSON WHO IS CONVICTED OF A VIOLATION THAT REQUIRES REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW IS DISQUALIFIED FROM DRIVING A
COMMERCIAL  MOTOR VEHICLE FOR THE PERIOD OF TIME DURING WHICH THE PERSON
IS  REQUIRED  TO  MAINTAIN  REGISTRATION  UNDER  ARTICLE  SIX-C  OF  THE
CORRECTION LAW.
  4. A PERSON WHO DRIVES A COMMERCIAL VEHICLE OR SCHOOL BUS AND WHO DOES
NOT  HAVE A COMMERCIAL DRIVER'S LICENSE BECAUSE THE PERSON WAS CONVICTED
OF A VIOLATION THAT REQUIRES REGISTRATION UNDER  ARTICLE  SIX-C  OF  THE
CORRECTION  LAW SHALL BE PUNISHED AS PROVIDED IN SUBDIVISION SIX OF THIS
SECTION.
  5. THE DEPARTMENT SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE TO  AN
APPLICANT  UNTIL THE DEPARTMENT HAS SEARCHED BOTH THE STATEWIDE REGISTRY
AND THE NATIONAL SEX OFFENDER PUBLIC REGISTRY TO DETERMINE IF THE PERSON
IS CURRENTLY REGISTERED AS A SEX OFFENDER IN NEW YORK OR ANOTHER STATE.
  A. IF THE DEPARTMENT FINDS THAT THE PERSON IS CURRENTLY REGISTERED  AS
A  SEX  OFFENDER IN EITHER NEW YORK OR ANOTHER STATE, THE DEPARTMENT, IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08629-01-1

              

A. 4889                             2

COMPLIANCE WITH THIS SECTION, SHALL  NOT  ISSUE  A  COMMERCIAL  DRIVER'S
LICENSE TO THE APPLICANT.
  B. IF THE DEPARTMENT IS UNABLE TO ACCESS EITHER THE STATEWIDE REGISTRY
OR ALL OF THE STATES' INFORMATION CONTAINED IN THE NATIONAL SEX OFFENDER
PUBLIC  REGISTRY,  BUT  THE  PERSON  IS  OTHERWISE QUALIFIED TO OBTAIN A
COMMERCIAL DRIVER'S LICENSE, THEN THE DEPARTMENT SHALL ISSUE THE COMMER-
CIAL DRIVER'S LICENSE BUT SHALL FIRST REQUIRE  THE  PERSON  TO  SIGN  AN
AFFIDAVIT  STATING  THAT THE PERSON DOES NOT APPEAR ON EITHER THE STATE-
WIDE REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY. THE  DEPART-
MENT  SHALL  SEARCH THE STATEWIDE REGISTRY AND THE NATIONAL SEX OFFENDER
PUBLIC REGISTRY FOR THE PERSON WITHIN A REASONABLE TIME AFTER ACCESS  TO
THE  STATEWIDE  REGISTRY OR THE NATIONAL SEX OFFENDER PUBLIC REGISTRY IS
RESTORED. IF THE PERSON DOES APPEAR IN EITHER REGISTRY, THE PERSON IS IN
VIOLATION OF THIS SECTION, AND THE DEPARTMENT SHALL  IMMEDIATELY  CANCEL
THE COMMERCIAL DRIVER'S LICENSE AND SHALL PROMPTLY NOTIFY THE SHERIFF OF
THE COUNTY WHERE THE PERSON RESIDES OF THE OFFENSE.
  C. ANY PERSON DENIED A COMMERCIAL DRIVER'S LICENSE OR WHO IS DISQUALI-
FIED  FROM DRIVING A COMMERCIAL VEHICLE THAT REQUIRES A COMMERCIAL DRIV-
ERS LICENSE BY THE DEPARTMENT PURSUANT TO  THIS  SECTION  SHALL  HAVE  A
RIGHT  TO FILE A PETITION WITHIN THIRTY DAYS THEREAFTER FOR A HEARING IN
THE MATTER, IN THE SUPREME COURT OF THE COUNTY WHERE THE PERSON RESIDES.
THE COURT IS VESTED WITH JURISDICTION TO HEAR THE PETITION, AND IT SHALL
BE THE DUTY OF THE COURT TO SET THE MATTER FOR HEARING UPON THIRTY DAYS'
WRITTEN NOTICE TO THE DEPARTMENT, AND THEREUPON TO  TAKE  TESTIMONY  AND
EXAMINE  INTO  THE  FACTS OF THE CASE AND TO DETERMINE WHETHER THE PETI-
TIONER IS ENTITLED TO A COMMERCIAL DRIVER'S LICENSE UNDER THE PROVISIONS
OF THIS SECTION.
  D. ANY PERSON WHO MAKES A FALSE AFFIDAVIT, OR WHO KNOWINGLY SWEARS  OR
AFFIRMS  FALSELY,  TO  ANY MATTER OR THING REQUIRED BY THE TERMS OF THIS
SECTION TO BE AFFIRMED TO OR SWORN IS GUILTY OF A CLASS E FELONY.
  6. A PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL  BE  GUILTY
OF A CLASS D FELONY UNLESS SUCH VIOLATION IS SPECIFIED OTHERWISE.
  S  2.  The  vehicle and traffic law is amended by adding a new section
510-d to read as follows:
  S 510-D. REVOCATION OF COMMERCIAL DRIVER'S LICENSE UPON CONVICTION  OF
CERTAIN  OFFENSES.  THE  DEPARTMENT SHALL REVOKE THE COMMERCIAL DRIVER'S
LICENSE OF ANY PERSON CONVICTED OF ANY OFFENSE ON OR AFTER  JUNE  FIRST,
TWO  THOUSAND  ELEVEN, THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF
THE CORRECTION LAW. THE PERSON MAY APPLY  FOR  THE  ISSUANCE  OF  A  NEW
COMMERCIAL  DRIVER'S LICENSE PURSUANT TO THIS CHAPTER, BUT, SHALL REMAIN
DISQUALIFIED FROM OBTAINING A COMMERCIAL DRIVER'S LICENSE FOR THE PERIOD
OF TIME DURING WHICH THE PERSON IS REQUIRED TO MAINTAIN REGISTRATION.
  S 3. The penal law is amended by adding a new section 130.87  to  read
as follows:
S 130.87 UNLAWFUL DRIVING OF A COMMERCIAL VEHICLE OR SCHOOL BUS.
  IT  IS UNLAWFUL FOR ANY PERSON WHO IS REQUIRED TO REGISTER PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW TO DRIVE A COMMERCIAL VEHICLE  OR  A
SCHOOL BUS WITHOUT HAVING A VALID COMMERCIAL DRIVER'S LICENSE.
  UNLAWFUL  DRIVING  OF  A COMMERCIAL VEHICLE OR SCHOOL BUS IS A CLASS D
FELONY.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.