S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4142
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M. of A. HOOPER -- Multi-Sponsored by -- M. of A. 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:
   § 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.
                                                            LBD08724-01-7
              

 A. 4142                             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.
   §  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.
   §  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:
   § 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.

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   § 4. The vehicle and traffic law is amended by adding  a  new  section
 510-e to read as follows:
   §  510-E.  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.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.