S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3470
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. RAIA, McDONOUGH, McKEVITT, MALLIOTAKIS, FINCH,
   MURRAY -- Multi-Sponsored by -- M.  of  A.  BLANKENBUSH,  FITZPATRICK,
   HAWLEY, SALADINO, THIELE -- read once and referred 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.
   § 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.
   §  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.
   §  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.
              

                                                            LBD06980-01-7

 A. 3470                             2
 
 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.
   § 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.
   § 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

 A. 3470                             3
 
 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.
   §  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.
   § 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.
   §  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.
   § 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
   § 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.
   §  12.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law.