S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1420
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to the  offense
         of aggressive driving
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1212-a to read as follows:
    3    S 1212-A. AGGRESSIVE DRIVING. A PERSON IS GUILTY OF AGGRESSIVE DRIVING
    4  WHEN:
    5    (A)  HE OR SHE RECKLESSLY OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY
    6  IN A MANNER THAT CREATES A SUBSTANTIAL RISK OF SERIOUS  PHYSICAL  INJURY
    7  TO ANOTHER PERSON; OR
    8    (B)  HE  OR  SHE  OPERATES  A  MOTOR VEHICLE ON A PUBLIC HIGHWAY WHILE
    9  DISPLAYING A DEADLY WEAPON,  DANGEROUS  INSTRUMENT  OR  WHAT  REASONABLY
   10  APPEARS  TO  BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER
   11  FIREARM IN SUCH A MANNER TO PLACE ANOTHER PERSON IN REASONABLE  FEAR  OF
   12  DEATH OR SERIOUS PHYSICAL INJURY; OR
   13    (C)  HE  OR SHE OPERATES A MOTOR VEHICLE ON A PUBLIC HIGHWAY IN SUCH A
   14  MANNER TO PLACE ANOTHER PERSON IN REASONABLE FEAR OF  DEATH  OR  SERIOUS
   15  PHYSICAL INJURY.
   16    AGGRESSIVE DRIVING IS A MISDEMEANOR.
   17    S 2. Subdivision (b) of section 1122 of the vehicle and traffic law is
   18  amended to read as follows:
   19    (b)  Except when overtaking and passing on the right is permitted, the
   20  driver of an overtaken vehicle shall give way to the right in  favor  of
   21  the  overtaking  vehicle  [on audible signal] and shall not increase the
   22  speed of his vehicle until completely passed by the overtaking  vehicle.
   23  ANY  PERSON  DELIBERATELY  INCREASING THE SPEED OF HIS OR HER VEHICLE IN
   24  VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR.
   25    S 3. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05611-01-3