NY State Assembly Bill 2023-A10120A

Assembly Bill A10120A

2023-2024 Legislative Session

Establishes "Elijah's law"; and directs the commissioner of the department of motor vehicles to conduct a study analyzing the operation and use of certain vehicles

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	print number 10120a
May 08, 2024	amend and recommit to transportation
May 06, 2024	referred to transportation

Bill Amendments

Original

A (Active)

2023-A10120 - Details

See Senate Version of this Bill:: S9224
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L

2023-A10120 - Summary

Increases driver safety training course requirements for D, M, and MJ license applicants; directs the commissioner of the department of motor vehicles to study the operation and safety of motorcycles, e-bikes, and scooters.

2023-A10120 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10120
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   "Elijah's law"; and directing the commissioner of  the  department  of
   motor  vehicles  to conduct a study analyzing the operation and use of
   certain vehicles

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Elijah's law".
   § 2. Paragraph (c) of subdivision 2 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 215 of the laws of 2010, is amended
 to read as follows:
   (c) An applicant for a class D or M license shall be at least eighteen
 years of age[, except that an  application  shall  be  accepted  if  the
 applicant  is at least seventeen years of age and submits]. AN APPLICANT
 FOR A CLASS M LICENSE MUST SUBMIT ACCEPTABLE PROOF OF AT LEAST TEN HOURS
 EXPERIENCE OPERATING A MOTORCYCLE UNDER THE  SUPERVISION  OF  A  DRIVING
 SCHOOL  INSTRUCTOR  OR OTHER MOTORCYCLE SAFETY DRIVING COURSE INSTRUCTOR
 APPROVED BY THE DEPARTMENT. ALL APPLICANTS MUST SUBMIT acceptable  proof
 of  successful  completion of a driver education course, approved by the
 state education department and the commissioner, and proof of completion
 of the minimum hours of supervised driving as required in paragraph  (d)
 of this subdivision.
   §  3. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
 traffic law, as amended by chapter 368 of the laws of 2019,  is  amended
 to read as follows:
   (d)  An  applicant  for  a  class  DJ  or MJ license shall be at least
 sixteen years of age and such applicant must submit written  consent  to
 the issuance of such license by the applicant's parent or guardian. Upon
 receipt  of  withdrawal  of  such  consent,  any class DJ or MJ license,
 learner's permit or license application shall be cancelled. No class  DJ
 or MJ license shall be issued unless the applicant presents, at the time
 of  the  road test administered pursuant to paragraph (b) of subdivision
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15399-03-4
 A. 10120                            2
 
 four of this section, a written certification by the applicant's  parent
 or guardian: (i) that such applicant has operated a motor vehicle for no
 less  than  fifty  hours, at least fifteen hours of which shall be after
 sunset, under the immediate supervision of a person as authorized pursu-
 ant  to  subparagraph (ii) of paragraph (a) or paragraph (b) of subdivi-
 sion five of section five hundred one of this article, a  driver  educa-
 tion  teacher  pursuant  to section eight hundred six-a of the education
 law or a driving school instructor pursuant to  subdivision  seven-a  of
 section  three  hundred  ninety-four  of  this chapter; and (ii) if such
 applicant completed an internet delivered pre-licensing course  approved
 by  the  commissioner  pursuant  to  article [twelve-d] TWELVE-D of this
 chapter, that such applicant participated  throughout  such  course.  AN
 APPLICANT FOR A CLASS MJ LICENSE MUST ALSO SUBMIT PROOF OF COMPLETION OF
 THE  NEW  YORK SAFETY COUNCIL'S DEFENSIVE DRIVING COURSE, THE MOTORCYCLE
 SAFETY FOUNDATION'S MOTORCYCLE BASIC RIDER COURSE OR  A  SIMILAR  COURSE
 APPROVED  BY  THE  STATE  EDUCATION  DEPARTMENT AND THE COMMISSIONER. AN
 APPLICANT FOR AN MJ LICENSE SHALL BE REQUIRED TO SUBMIT ACCEPTABLE PROOF
 OF AT LEAST FIFTEEN HOURS EXPERIENCE OPERATING A  MOTORCYCLE  UNDER  THE
 SUPERVISION  OF  A  DRIVING SCHOOL INSTRUCTOR OR OTHER MOTORCYCLE SAFETY
 DRIVING COURSE INSTRUCTOR APPROVED BY THE DEPARTMENT.
   § 4. Paragraph (d) of subdivision 2 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 403 of the laws of 2009, is amended
 to read as follows:
   (d) An applicant for a class DJ  or  MJ  license  shall  be  at  least
 sixteen  years  of age and such applicant must submit written consent to
 the issuance of such license by the applicant's parent or guardian. Upon
 receipt of withdrawal of such consent,  any  class  DJ  or  MJ  license,
 learner's  permit or license application shall be cancelled. No class DJ
 or MJ license shall be issued unless the applicant presents, at the time
 of the road test administered pursuant to paragraph (b)  of  subdivision
 four  of this section, a written certification by the applicant's parent
 or guardian that such applicant has operated a motor vehicle for no less
 than fifty hours, at least fifteen hours of which shall be after sunset,
 under the immediate supervision of a person as  authorized  pursuant  to
 subparagraph  (ii) of paragraph (a) or paragraph (b) of subdivision five
 of section five hundred one of this article, a driver education  teacher
 pursuant  to section eight hundred six-a of the education law or a driv-
 ing school instructor pursuant to subdivision seven-a of  section  three
 hundred ninety-four of this chapter. AN APPLICANT FOR A CLASS MJ LICENSE
 MUST  ALSO  SUBMIT  PROOF OF COMPLETION OF THE NEW YORK SAFETY COUNCIL'S
 DEFENSIVE DRIVING COURSE, THE MOTORCYCLE SAFETY FOUNDATION'S  MOTORCYCLE
 BASIC  RIDER  COURSE OR A SIMILAR COURSE APPROVED BY THE STATE EDUCATION
 DEPARTMENT AND THE COMMISSIONER. AN APPLICANT FOR AN MJ LICENSE SHALL BE
 REQUIRED TO SUBMIT ACCEPTABLE PROOF OF AT LEAST FIFTEEN HOURS EXPERIENCE
 OPERATING A  MOTORCYCLE  UNDER  THE  SUPERVISION  OF  A  DRIVING  SCHOOL
 INSTRUCTOR OR OTHER MOTORCYCLE SAFETY DRIVING COURSE INSTRUCTOR APPROVED
 BY THE DEPARTMENT.
   §  5.  1.  The  commissioner of the department of motor vehicles shall
 conduct a study analyzing the operation and use of standard motorcycles,
 heavy motorcycles, mopeds, other light motorcycles,  electric  bikes  in
 classes  1,  2,  3 and 4 and electric and non-electric powered scooters.
 Such study shall examine:
   a. The prevalence of ownership and use of all  such  vehicles  in  the
 state; and
   b.  The incidents and trends of violations of traffic laws and crashes
 involving all such vehicles.
 A. 10120                            3
 
   2. The commissioner shall make a report of the findings of such study,
 including any recommendations. Such recommendations may include, but not
 be limited to:
   a.  Increased  safety  education  course  requirements  for permit and
 license applications for operation of the vehicles studied;
   b. Increased age restrictions in operation of any  of  such  types  of
 vehicles; and
   c.  The  implementation or enhancement of safety gear requirements for
 operation of all such vehicles.
   3. The commissioner's recommendations and a report on such study shall
 be provided to the governor, the speaker of the assembly, and the tempo-
 rary president of the senate within six months of the effective date  of
 this act.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided that the  amendments  to  paragraph  (d)  of
 subdivision  2  of  section  502  of the vehicle and traffic law made by
 section three of this act shall be subject to the expiration and  rever-
 sion  of such paragraph pursuant to section 3 of chapter 368 of the laws
 of 2019, as amended, when upon such date the provisions of section  four
 of  this  act  shall  take  effect. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

2023-A10120A (ACTIVE) - Details

See Senate Version of this Bill:: S9224
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L

2023-A10120A (ACTIVE) - Summary

2023-A10120A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10120--A
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   "Elijah's  law";  and  directing the commissioner of the department of
   motor vehicles to conduct a study analyzing the operation and  use  of
   certain vehicles
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Elijah's law".
   §  2. Paragraph (c) of subdivision 2 of section 502 of the vehicle and
 traffic law, as amended by chapter 215 of the laws of 2010,  is  amended
 to read as follows:
   (c) An applicant for a class D or M license shall be at least eighteen
 years  of  age[,  except  that  an  application shall be accepted if the
 applicant is at least seventeen years of age and submits]. AN  APPLICANT
 FOR A CLASS M LICENSE MUST SUBMIT ACCEPTABLE PROOF OF AT LEAST TEN HOURS
 EXPERIENCE  OPERATING  A  MOTORCYCLE  UNDER THE SUPERVISION OF A DRIVING
 SCHOOL INSTRUCTOR OR OTHER MOTORCYCLE SAFETY DRIVING  COURSE  INSTRUCTOR
 APPROVED BY THE DEPARTMENT. AN APPLICANT FOR A CLASS M LICENSE MUST ALSO
 SUBMIT  PROOF  OF  COMPLETION OF THE NEW YORK SAFETY COUNCIL'S DEFENSIVE
 DRIVING COURSE, THE  MOTORCYCLE  SAFETY  FOUNDATION'S  MOTORCYCLE  BASIC
 RIDER COURSE OR A SIMILAR COURSE APPROVED BY THE STATE EDUCATION DEPART-
 MENT  AND  THE COMMISSIONER. ALL APPLICANTS MUST SUBMIT acceptable proof
 of successful completion of a driver education course, approved  by  the
 state education department and the commissioner, and proof of completion
 of  the minimum hours of supervised driving as required in paragraph (d)
 of this subdivision.
   § 3. Paragraph (d) of subdivision 2 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 368 of the laws of 2019, is amended
 to read as follows:
   (d) An applicant for a class DJ  or  MJ  license  shall  be  at  least
 sixteen  years  of age and such applicant must submit written consent to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15399-05-4
 A. 10120--A                         2
 
 the issuance of such license by the applicant's parent or guardian. Upon
 receipt of withdrawal of such consent,  any  class  DJ  or  MJ  license,
 learner's  permit or license application shall be cancelled. No class DJ
 or MJ license shall be issued unless the applicant presents, at the time
 of  the  road test administered pursuant to paragraph (b) of subdivision
 four of this section, a written certification by the applicant's  parent
 or guardian: (i) that such applicant has operated a motor vehicle for no
 less  than  fifty  hours, at least fifteen hours of which shall be after
 sunset, under the immediate supervision of a person as authorized pursu-
 ant to subparagraph (ii) of paragraph (a) or paragraph (b)  of  subdivi-
 sion  five  of section five hundred one of this article, a driver educa-
 tion teacher pursuant to section eight hundred six-a  of  the  education
 law  or  a  driving school instructor pursuant to subdivision seven-a of
 section three hundred ninety-four of this  chapter;  and  (ii)  if  such
 applicant  completed an internet delivered pre-licensing course approved
 by the commissioner pursuant to  article  [twelve-d]  TWELVE-D  of  this
 chapter,  that  such  applicant  participated throughout such course. AN
 APPLICANT FOR A CLASS MJ LICENSE MUST ALSO SUBMIT PROOF OF COMPLETION OF
 THE NEW YORK SAFETY COUNCIL'S DEFENSIVE DRIVING COURSE,  THE  MOTORCYCLE
 SAFETY  FOUNDATION'S  MOTORCYCLE  BASIC RIDER COURSE OR A SIMILAR COURSE
 APPROVED BY THE STATE EDUCATION  DEPARTMENT  AND  THE  COMMISSIONER.  AN
 APPLICANT FOR AN MJ LICENSE SHALL BE REQUIRED TO SUBMIT ACCEPTABLE PROOF
 OF  AT  LEAST  FIFTEEN HOURS EXPERIENCE OPERATING A MOTORCYCLE UNDER THE
 SUPERVISION OF A DRIVING SCHOOL INSTRUCTOR OR  OTHER  MOTORCYCLE  SAFETY
 DRIVING COURSE INSTRUCTOR APPROVED BY THE DEPARTMENT.
   §  4. Paragraph (d) of subdivision 2 of section 502 of the vehicle and
 traffic law, as amended by chapter 403 of the laws of 2009,  is  amended
 to read as follows:
   (d)  An  applicant  for  a  class  DJ  or MJ license shall be at least
 sixteen years of age and such applicant must submit written  consent  to
 the issuance of such license by the applicant's parent or guardian. Upon
 receipt  of  withdrawal  of  such  consent,  any class DJ or MJ license,
 learner's permit or license application shall be cancelled. No class  DJ
 or MJ license shall be issued unless the applicant presents, at the time
 of  the  road test administered pursuant to paragraph (b) of subdivision
 four of this section, a written certification by the applicant's  parent
 or guardian that such applicant has operated a motor vehicle for no less
 than fifty hours, at least fifteen hours of which shall be after sunset,
 under  the  immediate  supervision of a person as authorized pursuant to
 subparagraph (ii) of paragraph (a) or paragraph (b) of subdivision  five
 of  section five hundred one of this article, a driver education teacher
 pursuant to section eight hundred six-a of the education law or a  driv-
 ing  school  instructor pursuant to subdivision seven-a of section three
 hundred ninety-four of this chapter. AN APPLICANT FOR A CLASS MJ LICENSE
 MUST ALSO SUBMIT PROOF OF COMPLETION OF THE NEW  YORK  SAFETY  COUNCIL'S
 DEFENSIVE  DRIVING COURSE, THE MOTORCYCLE SAFETY FOUNDATION'S MOTORCYCLE
 BASIC RIDER COURSE OR A SIMILAR COURSE APPROVED BY THE  STATE  EDUCATION
 DEPARTMENT AND THE COMMISSIONER. AN APPLICANT FOR AN MJ LICENSE SHALL BE
 REQUIRED TO SUBMIT ACCEPTABLE PROOF OF AT LEAST FIFTEEN HOURS EXPERIENCE
 OPERATING  A  MOTORCYCLE  UNDER  THE  SUPERVISION  OF  A  DRIVING SCHOOL
 INSTRUCTOR OR OTHER MOTORCYCLE SAFETY DRIVING COURSE INSTRUCTOR APPROVED
 BY THE DEPARTMENT.
   § 5. 1. The commissioner of the department  of  motor  vehicles  shall
 conduct a study analyzing the operation and use of standard motorcycles,
 heavy  motorcycles,  mopeds,  other light motorcycles, electric bikes in
 A. 10120--A                         3
 
 classes 1, 2, 3 and 4 and electric and  non-electric  powered  scooters.
 Such study shall examine:
   a.  The  prevalence  of  ownership and use of all such vehicles in the
 state; and
   b. The incidents and trends of violations of traffic laws and  crashes
 involving all such vehicles.
   2. The commissioner shall make a report of the findings of such study,
 including any recommendations. Such recommendations may include, but not
 be limited to:
   a.  Increased  safety  education  course  requirements  for permit and
 license applications for operation of the vehicles studied;
   b. Increased age restrictions in operation of any  of  such  types  of
 vehicles; and
   c.  The  implementation or enhancement of safety gear requirements for
 operation of all such vehicles.
   3. The commissioner's recommendations and a report on such study shall
 be provided to the governor, the speaker of the assembly, and the tempo-
 rary president of the senate within six months of the effective date  of
 this act.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided that the  amendments  to  paragraph  (d)  of
 subdivision  2  of  section  502  of the vehicle and traffic law made by
 section three of this act shall be subject to the expiration and  rever-
 sion  of such paragraph pursuant to section 3 of chapter 368 of the laws
 of 2019, as amended, when upon such date the provisions of section  four
 of  this  act  shall  take  effect. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.

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