Provides for the suspension and revocation of certain learner's permits, and the return of numbered plates and registration suspensions in certain circumstances.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7732
SPONSOR: Thiele
 
TITLE OF BILL:
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
 
PURPOSE:
This bill amends vehicle and traffic law to expand the list of
violations that will result in suspension of learner's permits and sets
forth procedure for surrender of license plates and suspension of regis-
tration in certain circumstances involving permitted and junior licensed
drivers involved in accidents.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the section heading and subdivision 1 of section 510-c
of the vehicle and traffic law to include the suspension of learner's
permits for those over the age of 18 for serious traffic violations
committed by such holders. This section also adds the suspension of a
learner's permit operator over the age of 18 upon the second conviction
or finding of a violation of any other provision of this chapter or any
other law, ordinance, order, rule or regulation relating to traffic by
holders of permits and junior licenses. These violations include any
violation of vehicle and traffic law such as failing to follow the
"Rules of the Road" (NY CLS Veh & Tr, Title VII).
Further amended to include the suspension of a learner's permit for a
period of sixty days upon a conviction or finding that the holder
violated one of the rules for permitted drivers, which include: oper-
ated 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; operated a vehicle containing hazardous materials; oper-
ated a vehicle when more than one passenger under the age of twenty-one
who is not a family member is in the vehicle and without another valid
exception; operated a vehicle when a passenger is seated in the front
seat, except for the supervising driver; operated a vehicle with improp-
er use of safety restraints.
Section two adds a new section 607 to the vehicle and traffic law to
require the surrender of license plates on a vehicle or motorcycle when
a permitted or junior licensed driver is the operator of such vehicle or
motorcycle and is involved in an accident which causes bodily injury or
death to a person. The operator will then be heard by the DMV within 14
days of the accident to determine whether license plates shall be
returned and registrations shall be reinstated.
Section 3 sets the effective date.
 
JUSTIFICATION:
This legislation addresses the gap in penalties for holders of learner's
permits and expands consequences for those holding a DJ or MJ license or
permit, and those over the age of 18 with a permit, when they are
involved in an accident which causes bodily harm or death of any person.
In 2021 drivers age 17 and under were responsible for more than 10,000
accidents in New York State, 11 of which ended in fatality, The prelimi-
nary data for 2022 shows that the same age group was responsible for
more than 9,000 accidents in the state, 22 of which ended in fatality.
Instances in which a permitted or junior licensed driver causes injury
or death have been prevalent in recent news, and at times these drivers
have also been involved in a similar accident months earlier. The taking
of license plates and the suspension of registrations in these circum-
stances will allow time for action to be taken so that there will not be
repeat occurrences of these tragedies.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
N/A
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
7732
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The section heading and subdivision 1 of section 510-c of
2 the vehicle and traffic law, as amended by chapter 403 of the laws of
3 2009, are amended to read as follows:
4 Suspension and revocation of learner's permits and driver's licenses
5 for violations committed by holders of class DJ or class MJ learner's
6 permits or licenses, or for those over the age of eighteen with a
7 learner's permit. 1. (a) A learner's permit or a driver's license shall
8 be suspended for a period of sixty days:
9 (i) upon a conviction or finding of a serious traffic violation as
10 defined in subdivision two of this section, when such violation was
11 committed while the holder had a class DJ or class MJ learner's permit
12 or a class DJ or MJ license, or for those over the age of eighteen with
13 a learner's permit; or
14 (ii) upon the second conviction or finding of such permit or license
15 holder of a violation of any other provision of this chapter or any
16 other law, ordinance, order, rule or regulation relating to traffic, and
17 when such violation was committed while such holder had a class DJ or
18 class MJ learner's permit or a class DJ or MJ license, or for those over
19 the age of eighteen with a learner's permit.
20 (b) A learner's permit or a driver's license shall be revoked for a
21 period of sixty days upon the conviction or finding of the permit or
22 license holder of a violation or violations, committed within six months
23 after the restoration of such permit or license suspended pursuant to
24 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
1 result in the suspension of such permit or license pursuant to paragraph
2 (a) of this subdivision.
3 (c) A learner's permit shall be suspended for a period of sixty days
4 upon a conviction or finding that they did not abide by the following
5 practices:
6 (i) operating a vehicle without a supervising driver twenty-one years
7 of age or older with a valid license to operate the type of vehicle the
8 permit holder is in.
9 (ii) operating a vehicle that contains hazardous materials.
10 (iii) operating a vehicle when more than one passenger under the age
11 of twenty-one who is not a family member is in the vehicle. This does
12 not apply if the supervising driver is a parent, guardian, driver educa-
13 tion teacher or driving school instructor.
14 (iv) operating a vehicle when a passenger is seated in the front seat,
15 except for the supervising driver.
16 (v) when a vehicle is operated by a driver who has a class DJ
17 learner's permit, every passenger in the vehicle must use a safety
18 restraint (a seat belt, a combination seat belt and shoulder harness, a
19 child restraint seat).
20 § 2. The vehicle and traffic law is amended by adding a new section
21 607 to read as follows:
22 § 607. Accidents; when plates are returned and registration is
23 suspended. 1. If an operator of a motor vehicle or motorcycle who holds
24 a learner's permit or class DJ or MJ license is involved in an accident
25 occurring in this state resulting in death or bodily injuries to any
26 person, the operator shall, the next day the DMV is open or within
27 forty-eight hours of the accident, surrender the number plates to such
28 motor vehicle or motorcycle to the department, and shall have any motor
29 vehicle registrations which belong to such operator immediately
30 suspended.
31 2. Within fourteen days, the operator shall be heard pursuant to para-
32 graph a of subdivision three of section five hundred ten of this chapter
33 to determine if number plates shall be returned and/or registration
34 suspensions shall be reinstated.
35 § 3. This act shall take effect on the thirtieth day after it shall
36 have become a law.