S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          735
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to the enforce-
         ment of the offense of operating a  motor  vehicle  with  a  suspended
         license when such operation occurs in a parking lot
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 of section 511 of the  vehi-
    2  cle  and  traffic law, as amended by chapter 173 of the laws of 1990, is
    3  amended to read as follows:
    4    (a) A person is guilty of the offense of aggravated unlicensed  opera-
    5  tion  of a motor vehicle in the third degree when such person operates a
    6  motor vehicle [upon a public highway] while knowing or having reason  to
    7  know  that  such  person's  license or privilege of operating such motor
    8  vehicle in this state or privilege of obtaining  a  license  to  operate
    9  such  motor  vehicle issued by the commissioner is suspended, revoked or
   10  otherwise withdrawn by the commissioner.
   11    S 2. Section 511 of the vehicle and traffic law is amended by adding a
   12  new subdivision 8 to read as follows:
   13    8. WHERE APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL  APPLY  UPON
   14  PUBLIC  HIGHWAYS,  PRIVATE  ROADS  OPEN TO MOTOR VEHICLE TRAFFIC AND ANY
   15  OTHER PARKING LOT. FOR THE PURPOSES OF THIS SECTION "PARKING LOT"  SHALL
   16  MEAN  ANY  AREA OR AREAS OF PRIVATE PROPERTY, INCLUDING A DRIVEWAY, NEAR
   17  OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES AND USED AS  A
   18  MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO SUCH PREMISES AND
   19  HAVING  A  CAPACITY  FOR THE PARKING OF FOUR OR MORE MOTOR VEHICLES. THE
   20  PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AREA  OR  AREAS  OF
   21  PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY ON WHICH IS SITUATED
   22  A ONE OR TWO FAMILY RESIDENCE.
   23    S 3. This act shall take effect on the first of November next succeed-
   24  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.
                                                                  LBD02542-01-5