Assembly Bill A8881A

2019-2020 Legislative Session

Redefines reckless driving to be dangerous driving

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A8881 - Details

See Senate Version of this Bill:
S7894
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1212, 509-e, 510-a, 516-b, 530, 1696, 1699 & 1810, V & T L; amd §§2335 & 3425, Ins L; amd §§120.04-a, 125.14 & 270.25, Pen L; amd §§2408 & 2411, UDCA; amd §19-506, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:
A1147, S717

2019-A8881 - Summary

Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.

2019-A8881 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8881
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 18, 2019
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
   penal law, the uniform district court act, and the administrative code
   of  the  city  of New York, in relation to replacing the term reckless
   driving with aggressive driving

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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] AGGRESSIVE driving. [Reckless]  AGGRESSIVE  driving
 shall  mean  driving or using any motor vehicle, motorcycle or any other
 vehicle propelled by any power other than muscular power or  any  appli-
 ance 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 highway. [Reckless] AGGRESSIVE driving is prohibit-
 ed. Every person violating this provision shall be guilty of a misdemea-
 nor.
   § 2. Section 509-e of the vehicle and traffic law, as amended by chap-
 ter 853 of the laws of 1975, is amended to read as follows:
   § 509-e. Annual review of driving record. Each motor carrier shall, at
 least once every twelve months, review the driving record  of  each  bus
 driver  it  employs  to  determine  whether  that  driver  meets minimum
 requirements for safe driving and is qualified to drive a  bus  pursuant
 to  section  five hundred nine-b of this article. In reviewing a driving
 record, the motor carrier must consider any evidence that the bus driver
 has violated applicable provisions of the vehicle and traffic  law.  The
 motor  carrier  must  also consider the driver's accident record and any
 evidence that the driver has violated laws governing  the  operation  of
 motor  vehicles,  such  as  speeding, [reckless] AGGRESSIVE driving, and
 operating while under the influence of alcohol or drugs,  that  indicate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-A8881A (ACTIVE) - Details

See Senate Version of this Bill:
S7894
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1212, 509-e, 510-a, 516-b, 530, 1696, 1699 & 1810, V & T L; amd §§2335 & 3425, Ins L; amd §§120.04-a, 125.14 & 270.25, Pen L; amd §§2408 & 2411, UDCA; amd §19-506, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:
A1147, S717

2019-A8881A (ACTIVE) - Summary

Redefines reckless driving to be dangerous driving; imposes stronger penalties where physical injury occurs and provides that a driver may be convicted without a showing of multiple violations or an awareness of the risk of harm.

2019-A8881A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8881--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. QUART, NOLAN -- read once and referred to the
   Committee on Transportation -- recommitted to the Committee on  Trans-
   portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
   penal law, the uniform district court act, and the administrative code
   of the city of New York, in relation to redefining reckless driving as
   dangerous driving
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The Legislature recognizes the  height-
 ened  responsibility of operating a multi-ton car or truck and that such
 motor vehicle is a dangerous instrument under  state  law  that,  in  an
 instant,  can  cause lethal physical harm. For example, when operating a
 car at 30 miles per hour the average risk of  a  pedestrian  dying  upon
 impact  with  such car is 40%, at 40 miles per hour the risk of death is
 80%, and at speeds greater than 50 miles  per  hour  the  likelihood  of
 death is near certain at nearly 100%.
   When  deaths resulting from alcohol-impaired driving were reduced from
 approximately 30,000 annually in  the  early  1980s  across  the  United
 States to approximately 10,000 annually in recent years, that remarkable
 reduction  was  achieved in part by the certainty experienced by drivers
 that they would suffer legal consequences for driving impaired and risk-
 ing the lives of themselves and others, resulting from changes  in  laws
 prohibiting impaired driving. However, that certainty does not exist for
 other  types  of dangerous driving. A 2016 survey by the National Safety
 Council showed that "[a]lthough 83% of drivers surveyed believe  driving
 is  a safety concern, a startling number say they are comfortable speed-
 ing (64%) [and]  texting  either  manually  or  through  voice  controls
 (47%),"  whereas  far fewer (10%) say they are comfortable driving after
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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