Driving School Accused of Fraud Has License Suspended

N&Y Professional Service Line Driving School Customers Must be Retested of Face Suspension

The license of driving school is being suspended after the owners were charged with fraud.

As a result, the 174 people who used N&Y to obtain commercial drivers' licenses must immediately schedule retests to demonstrate their qualifications or face suspension.

The school's owners, Ying Wai Phillip Ng and Pui Kuen Ng, who are married, were charged last week with conspiracy to commit mail fraud in connection with the operation of the driving school.

The couple allegedly fraudulently assisted an undercover agent in passing a written commercial drivers' license permit test through the use of an elaborate system using a hidden camera and pager.

The Department of Motor Vehicles (DMV) has identified the commercial drivers' license holders who were customers of the N&Y driving school. The DMV is notifying them that they must be retested immediately or their licenses will be suspended.

Failure to call the DMV by this Friday to schedule a retest will result in an immediate suspension of their commercial drivers' license. 

"We vowed last year that New York would not tolerate unsafe buses, dangerous or unqualified drivers, or fraud in obtaining licenses, and that's why this action is being taken," Governor Cuomo said.

"Since then, we have added 20 additional Department of Transportation motor carrier investigators to police the motor coach industry and we have intensified inspections of vehicles and drivers at the roadside and in the garages. And, as I directed last spring, our state agencies continue working with law enforcement agencies to help ensure that New Yorkers can have confidence in their public transportation system."

Cuomo noted that from March 2011 through January 2012, the state conducted more than 6,600 inspections, and as a result took 621 buses and 644 drivers off the road pending the correction of license or equipment shortcomings.

In May 2011 and August 2011, investigations conducted by the DMV led to the arrest of a total of nearly 100 commercial drivers' license holders, including bus drivers, for fraudulently obtaining multiple drivers' licenses by using aliases. Those arrests were the result of the DMV's use of facial recognition technology.

"Keeping our highways safe is the highest priority of this Department and our partner agencies, including the State Police and the Department of Transportation," said Department of Motor Vehicles Commissioner Barbara Fiala. 

The DMV will continue to cooperate with the U.S. Attorney for the Eastern District of New York, federal Immigration and Customs Enforcement, and the Department of Homeland Security in the investigation of N&Y driving school. 

DMV Investigation Leads to Additional Arrests of Commercial Drivers with Multiple Licenses

Facial Recognition Technology Helps Identify Drivers Using False IDs

A Department of Motor Vehicles investigation has led to the arrests of 51 commercial drivers, including bus drivers, for fraudulently obtaining multiple driver licenses using an alias.

The arrests were made as the result of the use of facial recognition technology which reviewed the records of 600,000 holders of New York State Commercial Driver Licenses (CDLs).

In addition to the most recent arrests, more than 70 other CDL drivers were arrested based on the use of facial recognition technology earlier this year. Since February of 2010, 800 people have been arrested for having two or more licenses under different aliases.

The drivers who obtained their licenses fraudulently were each charged with Offering a False Instrument in the First Degree and Falsifying Business Records in the Second Degree. Those with excessive unpaid tickets were also charged with Aggravated Unlicensed Operation in the Second Degree.

"With some hi-tech help, the state can now quickly find drivers who think it's acceptable to use an alias to illegally get more than one license," Governor Cuomo said.

"I commend investigators from the Department of Motor Vehicles as well as the local, state and federal agencies that teamed up on this case to help stop this fraud and keep our roads safe."

In addition to the DMV Division of Field Investigations the other agencies involved in the investigations and arrests were the New York City Police Department Document Fraud Squad, the New York State Division of State Police, U. S Immigration and Customs Enforcement, the Social Security Administration, the United States Department of State Diplomatic Security Service, and the U.S. Secret Service in cooperation with the offices of the District Attorneys in Queens, New York, Brooklyn, Nassau, Westchester and the Bronx.

Barbara J. Fiala, Commissioner of the New York State Department of Motor Vehicles and Chair of the Governor's Traffic Safety Committee said, "We know that the work of the DMV's Division of Field Investigations in identifying these commercial drivers who are a danger on our highways will bring great benefit to all New Yorkers. I congratulate the DFI staff for their work and thank all those who played an important role in getting these drivers off our roads."

"Individuals who obtain multiple driver licenses misappropriate government benefits, or worse conceal violent criminal histories. I commend the NYPD's Document Fraud Squad, the DMV Division of Field Investigations, and State Police and federal investigators and our District Attorneys for their fine work," stated New York City Police Commissioner Raymond W. Kelly.

State Police Superintendent Joseph A. D'Amico noted, "Individuals who fraudulently obtain commercial driver's licenses represent a tremendous potential threat to public safety. These arrests are significant not just because of the apprehension of the individuals involved, but because they demonstrate the effectiveness of the measures being taken to ensure the integrity of New York's licensing system. The State Police and DMV will continue to work cooperatively to prevent unqualified or unsafe drivers from operating commercial motor vehicles on our roads and highways."

According to Queens District Attorney Richard A. Brown, "These arrests show the continuing commitment by Governor Cuomo, the Department of Motor Vehicles and law enforcement officials across the state to keeping our roads safe. Drivers who illegally obtain fraudulent licenses are in all likelihood trying to conceal something in their backgrounds that could put the safety of passengers and other drivers on the road at risk. It is imperative to protect our streets and highways from unsafe and criminal drivers."

Brooklyn District Attorney Charles J. Hynes said, "Law abiding citizens deserve to be protected from those, often untrained drivers, using fraudulent documents to obtain licenses and causing accidents and creating dangerous conditions on our highways. Driving is a privilege and state licensing is a safeguard against criminals who would abuse it. I fully support Governor Cuomo's efforts to crack down on these abuses and will prosecute offenders to the fullest extent of the law."

"Whether they're hiding a lack of training or a dangerous driving record, those who use fraudulent commercial driver licenses are a threat to public safety when they're behind the wheel. I welcome this opportunity to partner with Governor Cuomo and the DMV to take these dangerous drivers off the road," commented Nassau County District Attorney Kathleen M. Rice.

Westchester County District Attorney Janet DiFiore praised Cuomo and the DMV for their efforts.

"I commend both the Governor and Commissioner of the Department of Motor Vehicles who are actively trying to protect the integrity and security of our State's transportation system through aggressive enforcement and the use of facial recognition technology. With the resurgence of people using Motor Coach travel, law enforcement has to redouble its efforts to combat the use of fake, fraudulent or suspended licenses, making sure that the operators are trained and well qualified, ensuring the public's safety."

Special Agent in Charge of the U.S. Secret Service New York Field Office, Brian G. Parr said, "The Secret Service believes that building trusted partnerships between all levels of law enforcement is a proven, successful model for combating criminal activity. Through this collaborative approach our New York and New Jersey Electronic Crimes Task Force is able to share our technical expertise and provide logistical support while continuing to augment our advanced detection and prevention efforts."

New York State Law: No Texting While Driving

Watch live streaming video from newyorkstateofficeofthegovernor at livestream.com

Governor Andrew Cuomo discusses the new legislation signed on July 12, 2011 and stresses its importance.

'This New Law Will Help Ensure That Drivers Keep Their Eyes on the Road'

Cuomo Signs Law Strengthening Enforcement Against Drivers Using Electronic Handheld Devices

Governor Andrew Cuomo has signed a new law that strengthens the enforcement against drivers who use handheld electronic devices for activities such as texting while a vehicle is in motion. The legislation makes this action a primary traffic offense, giving law enforcement the power to stop drivers solely for engaging in this activity.

Cuomo also announced today that he will increase the penalty for using a cellular phone without a hands-free device or a handheld device while driving from two to three points through changes in state regulations.

"I am proud to sign this bill today, both as the Governor and as a father of three teenagers," Governor Cuomo said.

"It's plain and simple: distracted driving leads to tragedies that have affected families all across New York. This new law will help ensure that drivers keep their eyes on the road and their hands on the wheel. I thank Senator Marcellino and Assemblyman Weisenberg for their hard work on this legislation."

Before this law, it was illegal for drivers to use handheld electronic devices while their vehicle was in motion, but it was a secondary traffic offense -- meaning a driver had to be stopped for another violation in order to receive a ticket.

The new law makes it a primary traffic offense and it will go into effect immediately. The monetary penalty for a violation of this law continues to be a fine of up to $150.

Illegal activity includes holding an electronic device and: composing, sending, reading, accessing, browsing, transmitting, saving or retrieving electronic data such as e-mail, text messages or webpages; viewing, taking, or transmitting images or playing games.

The law does not penalize drivers using a handheld electronic device that is affixed to a surface or using a GPS device that is attached to the vehicle. The law also exempts police officers, fire fighters, or emergency vehicle drivers while they are performing their duties.

In addition, a driver is exempt from the law if the driver is communicating or attempting to communicate with law enforcement, the fire department, or medical personnel during an emergency situation.

New York State Senator Carl L. Marcellino said, "With this new legislation, New York State driving laws have finally caught up with today's technology. Our new law will strengthen enforcement against drivers using handheld electronic devices and help keep drivers, passengers, and pedestrians safe. I am proud to stand with Governor Cuomo as he signs the bill I sponsored into law and we finally make distracted driving a serious offense."

"As a former police officer, I've seen the devastation caused by distracted drivers. Today, we are giving law enforcement the tools they need to keep our roads safe and prevent future accidents. These changes will save lives. I'd like to thank Governor Cuomo for supporting this law and I look forward to our continued work together," said New York State Assemblyman Harvey Weisenberg.

New York State Police Superintendent Joseph A. D'Amico stated, "Motorists should now realize the dangers of operating a motor vehicle while texting on mobile devices or talking on a cell phone without an approved hands-free device. This change in the statute will allow law enforcement to continue the battle against distracted driving. Distracted driving is dangerous driving and drivers must reduce diversion and behaviors that take their attention from the road. Attentive, responsible, defensive driving is the key to avoiding crashes and keeping our highways safe."

New York City Police Commissioner Raymond W. Kelly also lauded the new legislation by stating, "It's no secret that violations of the no-texting and no use of hand held devices while driving rules are widespread despite their nexus to accidents, including fatalities. This legislation is a welcome step toward saving lives."

President of AAA New York State Thomas Hoy commented, "With nearly 2 trillion text messages sent last year, texting represents the most dangerous form of distracted driving. We applaud the Governor and lawmakers for stiffening the consequences for those who jeopardize the rest of us with their careless conduct."

The National Highway Traffic Safety Administration reports that 16% of fatal accidents in 2009 were due to distracted driving and 20% of people injured during a crash were involved in a crash where distracted driving was reported. A study by the Virginia Tech Transportation Institute found that truck drivers who were texting were 23 times more at risk of a crash or near crash.

Photo source: Ed Brown

Author: Ed Brown

Permission: Creative Commons Attribution-Share Alike 2.5 Generic

Cuomo: 'Distracted Driving is Nothing Less Than a Lethal Activity'

New Legislation Would Impose Unprecedented Penalties for Drivers Using Portable Electronic Devices

Governor Andrew Cuomo today announced he will introduce new legislation that will crack down on drivers caught using a portable electronic device including blackberrys, iPhones, i-pads, laptop computers, gaming devices and any other portable device, or talking on a cell phone without a hands free device, while driving.

The bill would impose unprecedented penalties drivers caught using such a device by adding three points on a driver's license in order to curb the dramatic rise of this dangerous activity. Governor Cuomo's legislation would also make driving while using any portable electronic device a primary, rather than just a secondary offense, meaning that drivers can now be stopped solely if they are found to be using such a device while driving.

"Every day, countless drivers, particularly teenagers and young adults, drive with their eyes on a screen rather than the road," Governor Cuomo said.

"Distracted driving is nothing less than a lethal activity for the driver themselves, other drivers on the road, and pedestrians. Current warnings, educational programs, and driving laws aren't working. We need to impose a true deterrent to stop people from driving while using an electronic device and to keep our roads and citizens safe."

Current law makes driving while using a portable electronic device only a secondary offense, which means in order for a person to be ticketed for the offense, the driver must have committed a primary enforcement offense such as speeding, disobeying a traffic signal or other violation. The penalty for a violation of this law is a fine of up to $150.

In addition to increasing the penalty from two to three points, the legislation would also require that distracted driving be included as part of the defensive driving curriculum. Governor Cuomo is working with both houses of the legislature, which have introduced their own legislation cracking down on texting while driving, to see comprehensive legislation passed by the end of this legislative session.

The National Highway Traffic Safety Administration reports that 16% of fatal accidents in 2009 were due to distracted driving and 20% of people injured during a crash were involved in a crash where distracted driving was reported.

A study by the Virginia Tech Transportation Institute found that truck drivers who were texting were 23 times more at risk of a crash or near crash, while another study compared reaction times when a driver was texting to when a driver was intoxicated, and found that the reaction time while texting was worse

A National Insurance study estimated 20% of all drivers, and 66% of drivers aged 18 to 24, are sending or receiving text messages while behind the wheel, leaving our young drivers most vulnerable. Several fatal accidents in this state have highlighted this fact including the 2007 accident in which 7 teens were killed in suburban Rochester.

Photo Source: Ed Brown

Author: Ed Brown

Permission: Creative Commons Attribution-Share Alike 2.5 Generic

'This Legislation Seeks to Protect the Public'

Addabbo Supports Cracking Down on Irresponsible and Under-Age Drivers

In order to make New York State roads safer and to protect the safety of law-abiding drivers, NYS Senator Joseph P. Addabbo, Jr. (D-Queens) introduced a bill, S.1271/A.4190, to the Senate that amends the vehicle and traffic law, in relation to increasing the penalties for driving with a suspended or revoked license. The bill is now in the Senate's Committee on Transportation; if passed, it will take effect immediately.

This bill changes the penalties for driving with a suspended license as follows:

For aggravated unlicensed operation of a motor vehicle in the third degree (a misdemeanor), the penalty will be changed to a fine no less than $500 to no more than $1,000 and/or no more than 30 days in jail.

For aggravated unlicensed operation of a motor vehicle in the second degree (a misdemeanor), the penalty will change to a fine of no less than $1,000, to no more than $5,000, and/or up to 180 days (6 months) in jail.

For aggravated unlicensed operation of a motor vehicle in the first degree (a class E felony), the penalty will be one to four years in prison, or one year in prison under special circumstances.

According to Addabbo, "Irresponsible drivers in our state whose licenses have been suspended or revoked are a danger to others when they operate a vehicle. However, accidents resulting in the injury and death of innocent people are repeatedly caused by those who do not obey the law. Violators are not deterred by the consequences of driving without a license. There have been several accidents across the state in the past few years where dangerous drivers who have had their licenses suspended have gotten behind the wheel of a car and caused injuries and fatalities. The Legislature needs to send a clear and persuasive message by increasing the penalties for driving with a suspended license, which will help deter those individuals. This legislation seeks to protect the public from not only those who drive irresponsibly, but who are not supposed to be allowed on the road in the first place."

Senator Addabbo also supported a related Senate bill, S.3225, which would amend the vehicle and traffic law to provide increased penalties for certain traffic infractions by drivers with certain under-age license classifications.

The bill provides for suspension of license penalties for licensed drivers under age 18, for violations of certain restrictions: drivers with junior licenses convicted of driving outside of the permissible time range; driving with more than one passenger under the age of 21; or those who violate the 6-months probation period for new licensees will have his or her license suspended for a period of 90 days for a first conviction, and for a period of one year for a second or subsequent conviction.

This bill is now in the Senate's Committee on Transportation; if passed, it will take effect the first of November after the date on which it becomes a law.

"Young drivers with restricted DJ and MJ licenses, are far more likely to be involved in accidents. A DJ license is a junior driver's license for those under age 18, who have limited driving privileges for a car, and must be supervised by a parent or guardian; An MJ license is a junior license for operating a motocycle, for those under age 18, who also have limited driving privileges for a motorcycle, and must be supervised by a parent or guardian. These differ from a learner's permit for those of any age who are learning to drive, and who must be supervised by any adult licensed driver age 21 and older. Recognizing the dangers posed by inexperienced drivers, our state has limitations on the hours such new drivers can operate a car without adult supervision, as well as the number of passengers that can be carried. Since our current penalties for these rule violations don't seem to be enough to deter young people who continue to drive after hours and with too many friends as passengers, this bill required mandatory license suspensions as meaningful deterrents," noted Addabbo.

Another bill he supported, S.945, now in the Senate's Committee on Transportation, would amend the vehicle and traffic law relating to the number of prior suspensions needed to qualify for aggravated unlicensed operation in the first degree, from 10 prior suspensions to five prior suspensions, and repeals the provision in second degree aggravated unlicensed operation when an individual has three or more suspensions on a separate date.

Section 511 (3) (a) of the vehicle and traffic law, which is an element of aggravated unlicensed operation in the first degree, is also amended to require five or more suspensions for failure to answer, appear, or pay a fine, rather than 10 or more separate suspensions. If passed, the bill will take effect on the first day of November after the date on which it becomes a law.

"Under this bill, a person may be prosecuted for aggravated unlicensed operation in the first degree when such person has five or more suspensions for failure to answer, appear, or pay a fine. Under current law, the person must have had 10 such suspensions to be prosecuted for aggravated unlicensed operation of a motor vehicle in the first degree. The dangers posed by unlicensed drivers to pedestrians and other motorists in New York State are well documented. Numerous deaths have been caused by these drivers," said the Senator.