New York Driving Law

Effective February 22, 2010, New York will make the following changes to its drivers license laws that will apply to teenage drivers.  First, teen drivers will be required to increase the practice time behind the wheel from 20 hours to 50 hours which must include 15 hours of practice after sunset.  Next, the changes will eliminate the limited use junior license and requires a junior (learners) permit to be held for at least six months before a junior or senior license may be issued.  Finally, the new law will reduce from two to one the number of non-family passengers under 21 years old riding in a car being operated by a junior license holder when not accompianied by a licensed parent or guardian.

Info at http://nysdmv.com/broch/GDL2010.pdf

Starting tomorrow, September 1, 2009, the New York Department of Motor Vehicles is raising basic fees as follows.  The state registration for passenger vehicles rises from $44 to $55.  The cost of a basic driver’s license or renewal (eight years) goes up 25% - from $50 to $62.50.

With its on-line renewal system, one might expect that these types of fees would actually decrease as the DMV becomes more efficient.  New York is one of the highest taxed states in the country and these fees are just another tax on the privilege of driving in the Empire State.

It is said that in Rochester, NY there are two seasons - Winter and construction.  With the construction season upon us, there are portions of our local expressway, 490, back under construction with the requisite lane reductions and orange cones.  The construction zones last for several miles.  Accordingly, the speed limit has been reduced to 45 mph from the normal 55 mph.

Clients have been calling with similar fact patterns.  They were issued speeding tickets in these construction zones by the NY State Troopers.  Not only are the fines doubled, but the cited speeds are high enough to trigger the mandatory NY Driver Assessment Fee.  However, because these violations occured within the City of Rochester, they will be heard in the NY DMV Traffic Violations Bureau (TVB). 

The TVB handles non-criminal moving violations in the cities of Buffalo and Rochester, the five boroughs of New York City, and portions of the Towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in Suffolk County.  The problem with the TVB is that it offers NO REDUCTIONS to traffic violations.  Clients must plead “guilty” or go to trial if they choose to plead “not guilty”.  “Not guilty” pleas must be mailed within 15 days of the recorded violation date.  On-line pleas are also accepted here.

Trials are heard in front of an Administrative Law Judge (ALJ) who has the authority to find the defendant guilty or not guilty of the offense, set a fine, and the ALJ can suspend or revoke a driver’s license when required by law or if the ALJ believes it is in the interest of public safety.  The evidence of guilt must rise to a “clear and convincing” standard.  The officer who wrote the ticket is required to appear and testify for a finding of guilt.  The defendant has the right to testify, produce witnesses, documentation and have an attorney present.

The bottom line here is to use extra caution and common sense when driving within construction zones.  If you are driving in an area that is subject to the TVB, use extra, extra caution.

A Buffalo man recently applied for an “enhanced” New York State driver’s license which is designed to make crossing the US/Canada border more secure.  However, he was “shocked” to find someone elses photo on his license.  Details here.