BILL NUMBER: S5385
SPONSOR: HARCKHAM
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to reexamina-
tion of licensees
PURPOSE:
Relates to reexamination of licensees
SUMMARY OF PROVISIONS:
Section 1 amends section 506 of the vehicle and traffic law to state
that any licensed driver may be required to submit to an examination or
reexamination upon receipt of a recommendation from a court stating that
the driver's ability to operate a motor vehicle safely is questionable.
In reviewing a driver's qualifications, the commissioner may only look
back 10 years.
Section 2 states the effective date.
JUSTIFICATION:
Currently, the Department of Motor Vehicles has the jurisdiction to
require a driver to submit to an examination or reexamination if the
commissioner has "reasonable grounds" to believe that a person holding a
license is not qualified to drive a motor vehicle. However, there is no
procedure for an individual to challenge this determination in court.
Requiring a formal hearing in court before a driver must submit to exam-
ination or reexamination ensures due process during these proceedings.
LEGISLATIVE HISTORY:
2023-2024: S7078A/A7627 - Died in Transportation
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S5385: 506 vehicle and traffic law