Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.800/S.5630, to amend the New York State Vehicle and Traffic law, in relation to aggravated unlicensed operation of a motor vehicle in the first degree.

Text

Res. No. 891 ..Title Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.800/S.5630, to amend the New York State Vehicle and Traffic law, in relation to aggravated unlicensed operation of a motor vehicle in the first degree. ..Body By Council Members Schulman, Louis and Banks Whereas, According to a study by the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA), in 2012, 19 percent of motor vehicle fatalities involved drivers with invalid licenses, and 13 percent of all drivers involved in fatal crashes had invalid licenses; and Whereas, According to a study conducted by the AAA Foundation for Traffic Safety, between 2007 and 2009, the most recent years for which data is available, 18.2 percent of fatal crashes involved a driver who was unlicensed or invalidly licensed, resulting in the deaths of 21,049 people; and Whereas, According to the same study, approximately 50 percent of all unlicensed and invalidly licensed drivers in fatal crashes had alcohol in their system, and 43 percent had a blood alcohol concentration (BAC) equal to or greater than the legal limit of 0.08; and Whereas, According to the Insurance Institute for Highway Safety (IIHS), a motor vehicle safety nonprofit, 19 percent of passenger vehicle drivers and 36 percent of motorcycle drivers that were fatally injured in 2022 lacked a valid driver's license; and Whereas, According to New York State Senator Jeremy Cooney, on Saturday April 6, 2019, a 27-year old man was killed crossing the street in the Rosedale neighborhood of Queens when he was hit by a driver with an invalid license that had been revoked weeks earlier, after the driver had committed 3 violations within 18 months; and Whereas, The New York State Vehicle and Traffic Law classifies aggravated unlicensed operation of a motor vehicle in the third degree as a misdemeanor, which occurs when a person operates a motor vehicle while knowing their license is suspended or revoked and is punishable by either a fine of between $200 and $500 dollars, imprisonment of not more than 30 days, or both; and Whereas, According to State Senator Cooney, despite the fact that the perpetrator had a history of license suspensions and convictions, they were only charged with a misdemeanor level infraction; and Whereas, A.800, introduced by Assembly Member Sam Berger and pending in the New York State Assembly, and companion bill S.5630, introduced by State Senator Cooney and pending in the New York State Senate, would amend the New York State Vehicle and Traffic Law to provide that a person is guilty of aggravated unlicensed operation of a motor vehicle in the first degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree and causes the death or serious injury of another person; and Whereas, Aggravated unlicensed operation of a motor vehicle in the first degree is classified as a class E felony in the State of New York and carries stronger penalties than committing aggravated unlicensed operation of a motor vehicle in the third degree, such as a fine of between $500 and $5000 and up to 4 years of imprisonment; and Whereas, According to the S.5630 Sponsor Memo, the "legislation recognizes that drivers who operate a motor vehicle while their license is suspended or revoked due to prior dangerous driving behavior create unnecessary risk to pedestrians, bicyclists, and other motorists alike"; and Whereas, The stronger penalties that could be imposed pursuant to the legislation could hold unsafe drivers with invalid driver's licenses more accountable and could, therefore, potentially promote safer roadways for New Yorkers; now, therefore, be it Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, A.800/S.5630, to amend the New York State Vehicle and Traffic law, in relation to aggravated unlicensed operation of a motor vehicle in the first degree. JPB LS # 18996 5/7/2025 5:21 PM 2

Full text · NYC Council