S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7732
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to the suspen-
   sion and revocation of certain learner's permits  and  the  return  of
   numbered plates and registration suspensions in certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and 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:
   Suspension and revocation of learner's permits and  driver's  licenses
 for  violations  committed  by holders of class DJ or class MJ learner's
 permits or licenses, OR FOR THOSE  OVER  THE  AGE  OF  EIGHTEEN  WITH  A
 LEARNER'S  PERMIT. 1. (a) A learner's permit or a driver's license shall
 be suspended for a period of sixty days:
   (i) upon a conviction or finding of a  serious  traffic  violation  as
 defined  in  subdivision  two  of  this section, when such violation was
 committed while the holder had a class DJ or class MJ  learner's  permit
 or  a class DJ or MJ license, OR FOR THOSE OVER THE AGE OF EIGHTEEN WITH
 A LEARNER'S PERMIT; or
   (ii) upon the second conviction or finding of such permit  or  license
 holder  of  a  violation  of  any other provision of this chapter or any
 other law, ordinance, order, rule or regulation relating to traffic, and
 when such violation was committed while such holder had a  class  DJ  or
 class MJ learner's permit or a class DJ or MJ license, OR FOR THOSE OVER
 THE AGE OF EIGHTEEN WITH A LEARNER'S PERMIT.
   (b)  A  learner's  permit or a driver's license shall be revoked for a
 period of sixty 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10914-05-3
              

 A. 7732                             2
 
 result in the suspension of such permit or license pursuant to paragraph
 (a) of this subdivision.
   (C)  A  LEARNER'S PERMIT SHALL BE SUSPENDED FOR A PERIOD OF SIXTY DAYS
 UPON A CONVICTION OR FINDING THAT THEY DID NOT ABIDE  BY  THE  FOLLOWING
 PRACTICES:
   (I)  OPERATING A VEHICLE WITHOUT A SUPERVISING DRIVER TWENTY-ONE YEARS
 OF AGE OR OLDER WITH A VALID LICENSE TO OPERATE THE TYPE OF VEHICLE  THE
 PERMIT HOLDER IS IN.
   (II) OPERATING A VEHICLE THAT CONTAINS HAZARDOUS MATERIALS.
   (III)  OPERATING  A VEHICLE WHEN MORE THAN ONE PASSENGER UNDER THE AGE
 OF TWENTY-ONE WHO IS NOT A FAMILY MEMBER IS IN THE  VEHICLE.  THIS  DOES
 NOT APPLY IF THE SUPERVISING DRIVER IS A PARENT, GUARDIAN, DRIVER EDUCA-
 TION TEACHER OR DRIVING SCHOOL INSTRUCTOR.
   (IV) OPERATING A VEHICLE WHEN A PASSENGER IS SEATED IN THE FRONT SEAT,
 EXCEPT FOR THE SUPERVISING DRIVER.
   (V)  WHEN  A  VEHICLE  IS  OPERATED  BY  A  DRIVER  WHO HAS A CLASS DJ
 LEARNER'S PERMIT, EVERY PASSENGER IN  THE  VEHICLE  MUST  USE  A  SAFETY
 RESTRAINT  (A SEAT BELT, A COMBINATION SEAT BELT AND SHOULDER HARNESS, A
 CHILD RESTRAINT SEAT).
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 607 to read as follows:
   §  607.  ACCIDENTS;  WHEN  PLATES  ARE  RETURNED  AND  REGISTRATION IS
 SUSPENDED.  1. IF AN OPERATOR OF A MOTOR VEHICLE OR MOTORCYCLE WHO HOLDS
 A LEARNER'S PERMIT OR CLASS DJ OR MJ LICENSE IS INVOLVED IN AN  ACCIDENT
 OCCURRING  IN  THIS  STATE  RESULTING IN DEATH OR BODILY INJURIES TO ANY
 PERSON, THE OPERATOR SHALL, THE NEXT DAY  THE  DMV  IS  OPEN  OR  WITHIN
 FORTY-EIGHT  HOURS  OF THE ACCIDENT, SURRENDER THE NUMBER PLATES TO SUCH
 MOTOR VEHICLE OR MOTORCYCLE TO THE DEPARTMENT, AND SHALL HAVE ANY  MOTOR
 VEHICLE   REGISTRATIONS   WHICH  BELONG  TO  SUCH  OPERATOR  IMMEDIATELY
 SUSPENDED.
   2. Within fourteen days, the operator shall be heard pursuant to para-
 graph a of subdivision three of section five hundred ten of this chapter
 to determine if number plates  shall  be  returned  and/or  registration
 suspensions shall be reinstated.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.