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

                                  5284

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by  M. of A. HOOPER, WEPRIN -- 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, paragraphs (c) and (d) of subdivision 1
and paragraph (b) of subdivision 2 as amended by chapter 403 of the laws
of 2009, 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 one passenger who is under
the age of twenty-one and who is not a member 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06871-01-1

              

A. 5284                             2

guardian, person in a position of loco parentis, driver education teach-
er or driving school instructor;
  (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, MJ, D or M license  unless
such  permit  has been valid for at least six months. Any time period in
which such class DJ or MJ learner's permit has been suspended or revoked
shall not be counted  in  determining  the  length  of  time  that  such
learner's permit 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 one passenger who is under the  age  of  twenty-one
and  who  is  not  a member 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[.]; 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.  The  opening  paragraph  of  paragraph (a) and paragraph (b) of
subdivision 1 of section 510-c  of  the  vehicle  and  traffic  law,  as
amended  by  chapter  403  of  the  laws of 2009, are amended to read as
follows:
  A learner's permit or a driver's license  shall  be  suspended  for  a
period of [sixty] ONE HUNDRED EIGHTY days:
  (b)  A  learner's  permit or a driver's license shall be revoked for a
period of [sixty] ONE HUNDRED EIGHTY days upon the conviction or finding
of the permit or license holder of a violation or violations,  committed
within  six  months  after  the  restoration  of  such permit or license
suspended  pursuant  to  paragraph  (a)  of  this   subdivision,   which
convictions or findings would result in the suspension of such permit or
license pursuant to paragraph (a) of this subdivision.
  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.

A. 5284                             3

  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
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.