NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A402B
SPONSOR: Rozic TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to prohibiting
reckless driving in parking lots
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to address a dangerous trend of motorists
engaging in reckless behavior in parking lots that are open to the
public.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the definition of reckless driving to include driving
or using a motor vehicle in parking lots.
Section 2 provides the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendment changes the effective date to thirty days after enactment.
JUSTIFICATION:
Due to the restrictions of the pandemic, there has been a resurgence of
"car culture" in New York State. As part of this culture, some motorists
have increasingly been engaging in dangerous displays of extreme and
reckless driving for their own gratification or that of spectators.
This has been indicated in NYC by increased constituent complaints to
311 about not only illegal street racing, but also about displays of
"takeovers", "slideshows" and "donuts" within public and private parking
lots and structures.
These displays of extreme and reckless driving in parking facilities
have resulted in numerous injuries to motorists, passengers, spectators
and even bystander fatalities nationwide. Despite the danger to the
public, there has been a lack of enforcement of these incidents of reck-
less driving due to these events occurring in parking lots rather than
on public highways and roadways.
This bill would allow such displays of extreme and reckless driving in
parking lots to be enforced as "reckless driving".
PRIOR LEGISLATIVE HISTORY:
2022: A7765 (Rozic) - Transportation
2021: A7765 (Rozic) - Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
402--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
reckless driving in parking lots
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1212 of the vehicle and traffic law, as added by
2 chapter 47 of the laws of 1988, is amended to read as follows:
3 § 1212. Reckless driving. (a) Reckless driving shall mean driving or
4 using any motor vehicle, motorcycle or any other vehicle propelled by
5 any power other than muscular power or any appliance or accessory there-
6 of in a manner which unreasonably interferes with the free and proper
7 use of the public highway or any parking lot, or unreasonably endangers
8 users of the public highway or any parking lot. Reckless driving is
9 prohibited. Every person violating this provision shall be guilty of a
10 misdemeanor.
11 (b) As used in this section, "parking lot" shall mean any area or
12 areas of private property, including a driveway, near or contiguous to
13 and provided in connection with premises and used as a means of access
14 to and egress from a public highway to such premises and having a capac-
15 ity for the parking of four or more motor vehicles. The provisions of
16 this section shall not apply to any area or areas of private property
17 comprising all or part of property on which is situated a one or two
18 family residence.
19 § 2. This act shall take effect on the thirtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02750-06-3
