Enacts "Brendon's law" to prohibit participation, including spectators within two hundred feet, of any motor vehicle speed contest, sideshow and street takeovers; authorizes seizure and forfeiture; adds damaging an authorized emergency vehicle as constituting the crime of criminal mischief in the third degree.
A06986, titled "Brendon's law," would expand New York’s restrictions on illegal street racing and related vehicle events. The bill amends the Vehicle and Traffic Law to prohibit not only participating in motor vehicle speed contests, but also organizing, facilitating, promoting, wagering on, or otherwise taking part in such events. It also creates a new section addressing "sideshows" and "street takeovers," defining those terms broadly to cover stunt driving, burnouts, drifting, donuts, wheelies, loud engine revving, and blocking traffic or pedestrian movement on public or private property open to the public.
The bill also makes it unlawful to knowingly be present as a spectator within 200 feet of a speed contest, sideshow, or street takeover. It increases penalties for repeat violations, including misdemeanor exposure, higher fines, possible jail time, and vehicle seizure and forfeiture under civil forfeiture procedures. In addition, it amends the Penal Law so that damaging an authorized emergency vehicle becomes a specified form of criminal mischief in the third degree, a class E felony. The act would take effect immediately.
If enacted, the bill would significantly broaden enforcement tools against illegal street racing and takeover activity by expanding the list of prohibited conduct, adding spectator liability, and authorizing seizure and forfeiture of involved vehicles. It would also create new statutory definitions for sideshows, street takeovers, and stunt behavior in the Vehicle and Traffic Law, while amending Penal Law section 145.05 to include damage to authorized emergency vehicles as criminal mischief in the third degree. The measure would affect drivers, organizers, spectators, vehicle owners, and law enforcement agencies tasked with traffic enforcement and forfeiture proceedings.
The available legislative history suggests generally supportive treatment of the bill’s public-safety goals, with the measure advancing through committee consideration and receiving 16 yeas to 7 nays in the Assembly Transportation Committee. The bill’s framing as "Brendon’s law" and its focus on dangerous driving behavior indicate a strong safety-oriented rationale. At the same time, the recorded committee vote shows that the proposal was not unanimous, implying some concern about the breadth or severity of the enforcement provisions.
The main points of contention are likely the bill’s broad definition of "participate in," which reaches organizers, facilitators, passengers, people directing traffic, and those wagering on events, as well as the new spectator prohibition within 200 feet. Another likely area of debate is the vehicle seizure and forfeiture authority, especially the provision stating that owners or lienholders must take prudent steps to prevent illegal use and that willful disregard is not a defense. The expanded criminal penalties and the inclusion of spectators and bystanders in enforcement also appear to be the most controversial aspects, as reflected by the non-unanimous committee vote.