S T A T E   O F   N E W   Y O R K
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                                  4247

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. RAIA, McDONOUGH, McKEVITT, STEVENSON, MALLIOTAKIS
  -- Multi-Sponsored by -- M. of A. FITZPATRICK, HAWLEY, JORDAN, SALADI-
  NO,  THIELE  -- read once and referred to the Committee on Transporta-
  tion

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03792-01-3
              

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revoked  pursuant  to  this  section,  then neither such vehicle nor any
other motor vehicle shall be registered or reregistered in the  name  of
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

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financial security required by the provisions of this  chapter  and  any
other  person  who  shall operate in this state any motor vehicle regis-
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

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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
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.