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

                                  2863

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- 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  increasing
  the penalties for violations relating to the licensing of drivers

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

  Section 1. Paragraph (b) of subdivision 2 of section 318 of the  vehi-
cle and traffic law is amended to read as follows:
  (b)  Such  motor  vehicle  shall not be registered in the name of such
person, or in any other  name  where  the  commissioner  has  reasonable
grounds  to  believe  that  such  registration  will  have the effect of
defeating the purpose of this article, and no other motor vehicle  shall
be  registered  in  the  name  of  such person, nor any driver's license
issued to such person, for a period of [one year] EIGHTEEN  MONTHS  from
the date of such revocation.
  S  2. Paragraph (b) of subdivision 4 of section 318 of the vehicle and
traffic law is amended to read as follows:
  (b) Such non-resident privileges shall not be restored for a period of
[one year] EIGHTEEN MONTHS from the date of such revocation.
  S 3. Paragraph (b) of subdivision 5 of section 318 of the vehicle  and
traffic law is amended to read as follows:
  (b) No new driver's license shall be issued, or non-resident privilege
restored  to such person for a period of [one year] EIGHTEEN MONTHS from
the date of such revocation.
  S 4. Subdivision 9 of section 318 of the vehicle and traffic  law,  as
amended  by  chapter  1025  of  the  laws of 1971, is amended to read as
follows:
  9. (a) If a motor vehicle has been involved in an  accident,  and  its
registration or the driver's license of its operator, or both, have been
revoked  pursuant  to  this  section,  then neither such vehicle nor any
other motor vehicle shall be registered or reregistered in the  name  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06604-01-1
              

S. 2863                             2

its  owner  or  of any other person legally responsible for its use, nor
shall any driver's license be issued to such owner, person  or  operator
until  [one year has] EIGHTEEN MONTHS HAVE passed since the date of such
revocation  and,  as  the case may be, the commissioner has received the
payments and evidence required by paragraph (c) [below] OF THIS SUBDIVI-
SION.
  (b) If a motor vehicle not registered in this state is involved in  an
accident  in  this  state and the privilege of its operation within this
state has been revoked, then  neither  its  owner,  any  person  legally
responsible for its use nor its operator shall exercise the privilege of
the  operation  of  such  vehicle  within this state or the privilege of
operation within this state of any motor vehicle, until [one  year  has]
EIGHTEEN  MONTHS  HAVE  passed  since the date of revocation and, as the
case may be, the commissioner has received the payments and evidence  as
required in PARAGRAPH (c) [below] OF THIS SUBDIVISION.
  (c)  The  payments  and evidence referred to in paragraphs (a) and (b)
[above] OF THIS SUBDIVISION  shall  be  evidence,  satisfactory  to  the
commissioner,
  (1)  That  no  cause  of  action based upon such accident against such
owner, person legally responsible or operator has been commenced  within
a  period of [one year] EIGHTEEN MONTHS from the date of the accident or
a release thereof has been given to such owner, person or operator, or
  (2) That no judgment arising out of such cause of action  for  amounts
within the limits stated in paragraph (a) of subdivision four of section
three hundred eleven OF THIS ARTICLE against such owner, person or oper-
ator  remains  unsatisfied,  except that such registration and licensing
privileges may be restored on compliance with the procedures  permitting
the  payment  of  a  judgment  in installments provided in section three
hundred thirty-four OF THIS TITLE and
  (3) That all civil penalties required to be  paid  to  the  department
pursuant  to the provisions of subdivision five of section three hundred
nineteen of this [chapter] ARTICLE have been paid.
  S 5. Subdivision 15 of section 318 of the vehicle and traffic law,  as
amended  by chapter 186 of the laws of 1985, is amended and a new subdi-
vision 16 is added to read as follows:
  15. Notwithstanding any provisions of this section, a  restricted  use
license  or  privilege of operating a motor vehicle in this state may be
issued to a person who has had his OR  HER  license  or  such  privilege
revoked  or  suspended  pursuant  to  any  provision  of this section in
accordance with article twenty-one-A of this chapter.  NO RESTRICTED USE
LICENSE OR PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS STATE  MAY  BE
ISSUED  TO  A  PERSON  WHO  HAS HAD HIS OR HER LICENSE OR SUCH PRIVILEGE
REVOKED OR SUSPENDED PURSUANT TO ANY PROVISION  OF  THIS  SECTION  TWICE
WITHIN EIGHTEEN MONTHS.
  16.  ANY PERSON WHO HAS HAD HIS OR HER LICENSE OR PRIVILEGE OF OPERAT-
ING A MOTOR VEHICLE IN THIS STATE REVOKED OR SUSPENDED PURSUANT  TO  ANY
PROVISION  OF  THIS  SECTION  THREE OR MORE TIMES WITHIN EIGHTEEN MONTHS
SHALL HAVE HIS OR HER LICENSE OR SUCH PRIVILEGE REVOKED PERMANENTLY.
  S 6. Subdivisions 1 and 5 of section 319 of the  vehicle  and  traffic
law,  as  amended  by  section 11 of part C of chapter 62 of the laws of
2003, are amended to read as follows:
  1. Any owner of a motor vehicle registered in this state, or an unreg-
istered motor vehicle, who shall operate such motor vehicle or permit it
to be operated in this state without having in full force and effect the
financial security required by the provisions of this  chapter  and  any
other  person  who  shall operate in this state any motor vehicle regis-

S. 2863                             3

tered in this state, or an unregistered motor vehicle,  with  the  know-
ledge that the owner thereof does not have in full force and effect such
proof  of financial security, except a person who, at the time of opera-
tion  of  such  motor  vehicle,  had  in  effect an operator's policy of
liability insurance, as defined in section  three  hundred  eighteen  OF
THIS  ARTICLE,  with  respect  to his operation of such vehicle shall be
guilty of a [traffic infraction and upon conviction  may  be  fined  not
less  than  one  hundred  fifty  dollars  or more than one thousand five
hundred dollars or may be imprisoned for not more than fifteen  days  or
both]  MISDEMEANOR.  In  addition to the penalties [herein] set forth IN
THIS SECTION, such person, upon conviction, shall also become liable for
payment to the department of the civil penalty provided  in  subdivision
five of this section.
  5.  The  civil  penalty  for  a  violation  of subdivision one of this
section shall be [seven hundred fifty] ONE THOUSAND dollars.
  S 7. Subdivision 11 of section 509 of the vehicle and traffic law,  as
amended  by  section  3  of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
  11. (A) A violation of any provision of this section shall be punisha-
ble by a fine of not less than seventy-five nor more than three  hundred
dollars,  or  by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of  failure
to  renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of  subdivision
[seven  or]  eight  of this section shall be punishable by a fine of not
more than seventy-five dollars.
  (B) A SECOND OR SUBSEQUENT VIOLATION OF ANY PROVISION OF THIS SECTION,
EXCEPT FOR A VIOLATION FOR FAILURE TO RENEW A LICENSE  WHICH  WAS  VALID
WITHIN  SIXTY  DAYS  OR  FOR  A  VIOLATION  OF SUBDIVISION EIGHT OF THIS
SECTION, SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN SEVENTY-FIVE NOR
MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT  FOR  NOT  MORE  THAN
NINETY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  S  8. Paragraph (a) of subdivision 1 of section 511 of the vehicle and
traffic law, as amended by chapter 173 of the laws of 1990,  is  amended
to read as follows:
  (a)  A person is guilty of the offense of aggravated unlicensed opera-
tion of a motor vehicle in the third degree when such person operates  a
motor  vehicle  upon  a public highway while knowing or having reason to
know that such person's license or privilege  of  operating  such  motor
vehicle  in  this  state  or privilege of obtaining a license to operate
such motor vehicle issued by the commissioner is suspended,  revoked  or
otherwise  withdrawn by the commissioner, OR WHEN SUCH PERSON OPERATES A
MOTOR VEHICLE WITHOUT BEING  DULY  LICENSED  PURSUANT  TO  SECTION  FIVE
HUNDRED  TWO OF THIS TITLE AND SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED
FOR A VIOLATION OF SECTION FIVE HUNDRED NINE OF THIS  TITLE  WITHIN  THE
IMMEDIATELY  PRECEDING  EIGHTEEN  MONTHS.  FOR THE PURPOSE OF THIS PARA-
GRAPH, A PERSON WHO HAS IN EFFECT THREE OR MORE SUSPENSIONS  OR  REVOCA-
TIONS  OF  HIS OR HER LICENSE, IMPOSED ON AT LEAST THREE SEPARATE DATES,
SHALL BE PRESUMED TO KNOW THAT SUCH LICENSE WAS SUSPENDED OR REVOKED.
  S 9. Paragraph (b) of subdivision 2 of section 511 of the vehicle  and
traffic  law,  as amended by chapter 607 of the laws of 1993, is amended
to read as follows:
  (b) Aggravated unlicensed operation of a motor vehicle in  the  second
degree is a [misdemeanor] CLASS E FELONY.  When a person is convicted of
this  crime under subparagraph (i) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine  of  not  less  than  five

S. 2863                             4

hundred  dollars;  and  (ii)  a  term  of imprisonment not to exceed one
hundred eighty days; or (iii) where appropriate a sentence of  probation
as provided in subdivision six of this section; or (iv) a term of impri-
sonment  as  a  condition  of a sentence of probation as provided in the
penal law and consistent with this section. When a person  is  convicted
of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of
this  subdivision,  the sentence of the court must be: (i) a fine of not
less than five hundred dollars nor more than one thousand  dollars;  and
(ii)  a  term  of imprisonment of not less than seven days nor more than
one hundred eighty days,  or  (iii)  where  appropriate  a  sentence  of
probation as provided in subdivision six of this section; or (iv) a term
of imprisonment as a condition of a sentence of probation as provided in
the penal law and consistent with this section.
  S  10.  Subparagraph (ii) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  732  of  the
laws of 2006, is amended to read as follows:
  (ii) commits the offense of aggravated unlicensed operation of a motor
vehicle  in  the  third  degree  as  defined  in subdivision one of this
section; and is operating a motor  vehicle  while  such  person  has  in
effect  [ten]  FIVE  or more suspensions, imposed on at least [ten] FIVE
separate dates for failure to answer, appear or pay a fine, pursuant  to
subdivision  three  of section two hundred twenty-six of this chapter or
subdivision four-a of section five hundred ten of this article; or
  S 11. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of  the  laws
of 1990, is amended to read as follows:
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class [E] D felony.   When a person  is  convicted  of  this
crime,  the  sentence  of the court must be: (i) a fine in an amount not
less than five hundred dollars nor more than five thousand dollars;  and
(ii) a term of imprisonment as provided in the penal law, or (iii) where
appropriate and a term of imprisonment is not required by the penal law,
a  sentence of probation as provided in subdivision six of this section,
or (iv) a term of imprisonment as a condition of a sentence of probation
as provided in the penal law.
  S 12. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.