Bill Text: NY A01374 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to instruction concerning traffic stops in pre-licensing courses to provide drivers with their responsibilities when stopped by a law enforcement officer.
Spectrum: Moderate Partisan Bill (Democrat 23-7)
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01374 Detail]
Download: New_York-2019-A01374-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1374--A 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. SIMON, MOSLEY, BLAKE, NIOU, GALEF, COOK, DAVILA, RICHARDSON, BICHOTTE, D'URSO, B. MILLER, DICKENS, TAYLOR, BUTTENSCHON, JAFFEE, McDONOUGH, LAWRENCE, GRIFFIN, GOTTFRIED, SEAWRIGHT, WILLIAMS, ORTIZ, SAYEGH, WALCZYK, REYES -- Multi-Sponsored by -- M. of A. BUCHWALD, M. L. MILLER, WALSH -- read once and referred to the Commit- tee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the insurance law, in relation to instruction concerning traffic stops The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 4 of 2 section 502 of the vehicle and traffic law, as amended by chapter 355 of 3 the laws of 2017, is amended to read as follows: 4 (i) Upon submission of an application for a driver's license, the 5 applicant shall be required to take and pass a test, or submit evidence 6 of passage of a test, with respect to the laws relating to traffic, the 7 laws relating to driving while ability is impaired and while intoxicat- 8 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 9 awareness and "Motorcycle Safety" awareness as defined by the commis- 10 sioner, the law relating to exercising due care to avoid colliding with 11 a parked, stopped or standing authorized emergency vehicle or hazard 12 vehicle pursuant to section eleven hundred forty-four-a of this chapter, 13 the ability to read and comprehend traffic signs and symbols, the 14 responsibilities of a driver when stopped by a law enforcement officer 15 and such other matters as the commissioner may prescribe, and to satis- 16 factorily complete a course prescribed by the commissioner of not less 17 than four hours and not more than five hours, consisting of classroom 18 driver training and highway safety instruction or the equivalent there- 19 of. Such test shall include at least seven written questions concerning 20 the effects of consumption of alcohol or drugs on the ability of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00931-03-9A. 1374--A 2 1 person to operate a motor vehicle and the legal and financial conse- 2 quences resulting from violations of section eleven hundred ninety-two 3 of this chapter, prohibiting the operation of a motor vehicle while 4 under the influence of alcohol or drugs. Such test shall include one or 5 more written questions concerning the devastating effects of "Road Rage" 6 on the ability of a person to operate a motor vehicle and the legal and 7 financial consequences resulting from assaulting, threatening or inter- 8 fering with the lawful conduct of another person legally using the road- 9 way. Such test shall include one or more questions concerning the poten- 10 tial dangers to persons and equipment resulting from the unsafe 11 operation of a motor vehicle in a work zone. Such test may include one 12 or more questions concerning motorcycle safety. Such test may include 13 one or more questions concerning the law for exercising due care to 14 avoid colliding with a parked, stopped or standing vehicle pursuant to 15 section eleven hundred forty-four-a of this chapter. Such test shall 16 include one or more questions concerning the responsibilities of a driv- 17 er when stopped by a law enforcement officer. Such test shall be admin- 18 istered by the commissioner. The commissioner shall cause the applicant 19 to take a vision test and a test for color blindness. Upon passage of 20 the vision test, the application may be accepted and the application fee 21 shall be payable. 22 § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 23 traffic law, as amended by chapter 355 of the laws of 2017, is amended 24 to read as follows: 25 (b) Upon successful completion of the requirements set forth in para- 26 graph (a) of this subdivision which shall include an alcohol and drug 27 education component as described in paragraph (c) of this subdivision, a 28 "Road Rage" awareness component as described in paragraph (c-1) of this 29 subdivision and a "Work Zone Safety" awareness component as described in 30 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness 31 component as described in paragraph (c-3) of this subdivision, and a 32 traffic stop instruction component as described in paragraph (c-4) of 33 this subdivision, the commissioner shall cause the applicant to take a 34 road test in a representative vehicle of a type prescribed by the 35 commissioner which shall be appropriate to the type of license for which 36 application is made, except that the commissioner may waive the road 37 test requirements for certain classes of applicants. The commissioner 38 shall have the power to establish a program to allow persons other than 39 employees of the department to conduct road tests in representative 40 vehicles when such tests are required for applicants to obtain a class 41 A, B or C license. If she chooses to do so, she shall set forth her 42 reasons in writing and conduct a public hearing on the matter. She shall 43 only establish such a program after holding the public hearing. 44 § 3. Subdivision 4 of section 502 of the vehicle and traffic law is 45 amended by adding a new paragraph (c-4) to read as follows: 46 (c-4) Traffic stop instruction component. (i) The commissioner shall 47 provide in the pre-licensing course, set forth in paragraph (b) of this 48 subdivision, a mandatory component in traffic stop instruction as a 49 prerequisite for obtaining a license to operate a motor vehicle. The 50 purpose of this component is to educate prospective licensees on his or 51 her responsibilities when stopped by a law enforcement officer. 52 (ii) The commissioner shall establish a curriculum for the traffic 53 stop instruction component which shall include but not be limited to: 54 instruction describing appropriate actions to be taken by drivers during 55 traffic stops and appropriate interactions with law enforcement officers 56 who initiate traffic stops. The curriculum shall also explain a driver'sA. 1374--A 3 1 responsibilities when stopped by a law enforcement officer, including 2 moving the vehicle onto the shoulder of the highway or, where the high- 3 way has no shoulder, an area adjacent to the highway where the vehicle 4 can safely be stopped during a traffic stop; turning off the motor vehi- 5 cle's engine and radio; avoiding sudden movements and keeping the driv- 6 er's hands in plain view of the officer. The commissioner is authorized 7 to collaborate with the division of state police and non-profit organ- 8 izations focusing on defending or promoting civil liberties and any 9 other agencies or organizations she or he deems necessary in establish- 10 ing the curriculum. 11 § 4. Subsection (a) of section 2336 of the insurance law, as amended 12 by chapter 751 of the laws of 2005, is amended to read as follows: 13 (a) Any schedule of rates or rating plan for motor vehicle liability 14 and collision insurance submitted to the superintendent shall provide 15 for an appropriate reduction in premium charges for any insured for a 16 three year period after successfully completing a motor vehicle accident 17 prevention course, known as the national safety council's defensive 18 driving course, or any driver improvement course approved by the depart- 19 ment of motor vehicles as being equivalent to the national safety coun- 20 cil's defensive driving course, provided that, except as provided in 21 article twelve-C of the vehicle and traffic law, there shall be no 22 reduction in premiums for a self instruction defensive driving course or 23 a course which does not provide for actual classroom instruction for a 24 minimum number of hours as determined by the department of motor vehi- 25 cles. Such reduction in premium charges shall be subsequently modified 26 to the extent appropriate, based upon analysis of loss experience 27 statistics and other relevant factors. All such accident prevention 28 courses shall be monitored by the department of motor vehicles and shall 29 include components of instruction in "Road Rage" awareness [and], in 30 "Work Zone Safety" awareness and in traffic stops as defined by the 31 commissioner of motor vehicles. The provisions of this section shall not 32 apply to attendance at a program pursuant to article twenty-one of the 33 vehicle and traffic law as a result of any traffic infraction. 34 § 5. Subsection (a) of section 2336 of the insurance law, as amended 35 by chapter 585 of the laws of 2002, is amended to read as follows: 36 (a) Any schedule of rates or rating plan for motor vehicle liability 37 and collision insurance submitted to the superintendent shall provide 38 for an appropriate reduction in premium charges for any insured for a 39 three year period after successfully completing a motor vehicle accident 40 prevention course, known as the national safety council's defensive 41 driving course, or any driver improvement course approved by the depart- 42 ment of motor vehicles as being equivalent to the national safety coun- 43 cil's defensive driving course, provided that in either event there 44 shall be no reduction in premiums for a self instruction defensive driv- 45 ing course or a course which does not provide for actual classroom 46 instruction for a minimum number of hours as determined by the depart- 47 ment of motor vehicles. Such reduction in premium charges shall be 48 subsequently modified to the extent appropriate, based upon analysis of 49 loss experience statistics and other relevant factors. All such accident 50 prevention courses shall be monitored by the department of motor vehi- 51 cles and shall include components of instruction in "Road Rage" aware- 52 ness [and], in "Work Zone Safety" awareness and in traffic stops as 53 defined by the commissioner of motor vehicles. The provisions of this 54 section shall not apply to attendance at a program pursuant to article 55 twenty-one of the vehicle and traffic law as a result of any traffic 56 infraction.A. 1374--A 4 1 § 6. This act shall take effect one year after it shall have become a 2 law; provided that the amendments to subsection (a) of section 2336 of 3 the insurance law, made by section four of this act, shall not affect 4 the expiration and reversion of such subsection and shall be deemed 5 repealed therewith, when upon such date section five of this act shall 6 take effect. Effective immediately, the addition, amendment and/or 7 repeal of any rule or regulation necessary for the implementation of 8 this act on its effective date are authorized and directed to be made 9 and completed on or before such effective date.
