Bill Text: NY S00062 | 2021-2022 | General Assembly | Introduced
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: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2022-02-14 - referred to transportation [S00062 Detail]
Download: New_York-2021-S00062-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 62 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. PERSAUD -- 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 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 513 of 3 the laws of 2019, 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, "School Bus Safety" awareness, the law relating to exercising 11 due care to avoid colliding with a parked, stopped or standing author- 12 ized emergency vehicle or hazard vehicle pursuant to section eleven 13 hundred forty-four-a of this chapter, the ability to read and comprehend 14 traffic signs and symbols, the responsibilities of a driver when stopped 15 by a law enforcement officer and such other matters as the commissioner 16 may prescribe, and to satisfactorily complete a course prescribed by the 17 commissioner of not less than four hours and not more than five hours, 18 consisting of classroom driver training and highway safety instruction 19 or the equivalent thereof. Such test shall include at least seven writ- 20 ten questions concerning the effects of consumption of alcohol or drugs 21 on the ability of a person to operate a motor vehicle and the legal and 22 financial consequences resulting from violations of section eleven 23 hundred ninety-two of this chapter, prohibiting the operation of a motor 24 vehicle while under the influence of alcohol or drugs. Such test shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01132-01-1S. 62 2 1 include one or more written questions concerning the devastating effects 2 of "Road Rage" on the ability of a person to operate a motor vehicle and 3 the legal and financial consequences resulting from assaulting, threat- 4 ening or interfering with the lawful conduct of another person legally 5 using the roadway. Such test shall include one or more questions 6 concerning the potential dangers to persons and equipment resulting from 7 the unsafe operation of a motor vehicle in a work zone. Such test may 8 include one or more questions concerning motorcycle safety. Such test 9 may include one or more questions concerning the law for exercising due 10 care to avoid colliding with a parked, stopped or standing vehicle 11 pursuant to section eleven hundred forty-four-a of this chapter. Such 12 test may include one or more questions concerning school bus safety. 13 Such test shall include one or more questions concerning the responsi- 14 bilities of a driver when stopped by a law enforcement officer. Such 15 test shall be administered by the commissioner. The commissioner shall 16 cause the applicant to take a vision test and a test for color blind- 17 ness. Upon passage of the vision test, the application may be accepted 18 and the application fee shall be payable. 19 § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 20 traffic law, as amended by chapter 513 of the laws of 2019, is amended 21 to read as follows: 22 (b) Upon successful completion of the requirements set forth in para- 23 graph (a) of this subdivision which shall include an alcohol and drug 24 education component as described in paragraph (c) of this subdivision, a 25 "Road Rage" awareness component as described in paragraph (c-1) of this 26 subdivision and a "Work Zone Safety" awareness component as described in 27 paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 28 component as described in paragraph (c-3) of this subdivision, and a 29 "School Bus Safety" awareness component as described in paragraph (c-4) 30 of this subdivision, and a traffic stop instruction component as 31 described in paragraph (c-5) of this subdivision, the commissioner shall 32 cause the applicant to take a road test in a representative vehicle of a 33 type prescribed by the commissioner which shall be appropriate to the 34 type of license for which application is made, except that the commis- 35 sioner may waive the road test requirements for certain classes of 36 applicants. The commissioner shall have the power to establish a program 37 to allow persons other than employees of the department to conduct road 38 tests in representative vehicles when such tests are required for appli- 39 cants to obtain a class A, B or C license. If she chooses to do so, she 40 shall set forth her reasons in writing and conduct a public hearing on 41 the matter. She shall only establish such a program after holding the 42 public hearing. 43 § 3. Subdivision 4 of section 502 of the vehicle and traffic law is 44 amended by adding a new paragraph (c-5) to read as follows: 45 (c-5) Traffic stop instruction component. (i) The commissioner shall 46 provide in the pre-licensing course, set forth in paragraph (b) of this 47 subdivision, a mandatory component in traffic stop instruction as a 48 prerequisite for obtaining a license to operate a motor vehicle. The 49 purpose of this component is to educate prospective licensees on his or 50 her responsibilities when stopped by a law enforcement officer. 51 (ii) The commissioner shall establish a curriculum for the traffic 52 stop instruction component which shall include but not be limited to: 53 instruction describing appropriate actions to be taken by drivers during 54 traffic stops and appropriate interactions with law enforcement officers 55 who initiate traffic stops. The curriculum shall also explain a driver's 56 responsibilities when stopped by a law enforcement officer, includingS. 62 3 1 moving the vehicle onto the shoulder of the highway or, where the high- 2 way has no shoulder, an area adjacent to the highway where the vehicle 3 can safely be stopped during a traffic stop; turning off the motor vehi- 4 cle's engine and radio; avoiding sudden movements and keeping the driv- 5 er's hands in plain view of the officer. The commissioner is authorized 6 to collaborate with the division of state police and non-profit organ- 7 izations focusing on defending or promoting civil liberties and any 8 other agencies or organizations she or he deems necessary in establish- 9 ing the curriculum. 10 § 4. Subsection (a) of section 2336 of the insurance law, as amended 11 by chapter 751 of the laws of 2005, is amended to read as follows: 12 (a) Any schedule of rates or rating plan for motor vehicle liability 13 and collision insurance submitted to the superintendent shall provide 14 for an appropriate reduction in premium charges for any insured for a 15 three year period after successfully completing a motor vehicle accident 16 prevention course, known as the national safety council's defensive 17 driving course, or any driver improvement course approved by the depart- 18 ment of motor vehicles as being equivalent to the national safety coun- 19 cil's defensive driving course, provided that, except as provided in 20 article twelve-C of the vehicle and traffic law, there shall be no 21 reduction in premiums for a self instruction defensive driving course or 22 a course which does not provide for actual classroom instruction for a 23 minimum number of hours as determined by the department of motor vehi- 24 cles. Such reduction in premium charges shall be subsequently modified 25 to the extent appropriate, based upon analysis of loss experience 26 statistics and other relevant factors. All such accident prevention 27 courses shall be monitored by the department of motor vehicles and shall 28 include components of instruction in "Road Rage" awareness [and], in 29 "Work Zone Safety" awareness and in traffic stops as defined by the 30 commissioner of motor vehicles. The provisions of this section shall not 31 apply to attendance at a program pursuant to article twenty-one of the 32 vehicle and traffic law as a result of any traffic infraction. 33 § 5. Subsection (a) of section 2336 of the insurance law, as amended 34 by chapter 585 of the laws of 2002, is amended to read as follows: 35 (a) Any schedule of rates or rating plan for motor vehicle liability 36 and collision insurance submitted to the superintendent shall provide 37 for an appropriate reduction in premium charges for any insured for a 38 three year period after successfully completing a motor vehicle accident 39 prevention course, known as the national safety council's defensive 40 driving course, or any driver improvement course approved by the depart- 41 ment of motor vehicles as being equivalent to the national safety coun- 42 cil's defensive driving course, provided that in either event there 43 shall be no reduction in premiums for a self instruction defensive driv- 44 ing course or a course which does not provide for actual classroom 45 instruction for a minimum number of hours as determined by the depart- 46 ment of motor vehicles. Such reduction in premium charges shall be 47 subsequently modified to the extent appropriate, based upon analysis of 48 loss experience statistics and other relevant factors. All such accident 49 prevention courses shall be monitored by the department of motor vehi- 50 cles and shall include components of instruction in "Road Rage" aware- 51 ness [and], in "Work Zone Safety" awareness and in traffic stops as 52 defined by the commissioner of motor vehicles. The provisions of this 53 section shall not apply to attendance at a program pursuant to article 54 twenty-one of the vehicle and traffic law as a result of any traffic 55 infraction.S. 62 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 be subject to 4 the expiration and repeal of such subsection pursuant to section 5 of 5 chapter 751 of the laws of 2005, as amended, when upon such date the 6 provisions of section five of this act shall take effect. Effective 7 immediately, the addition, amendment and/or repeal of any rule or regu- 8 lation necessary for the implementation of this act on its effective 9 date are authorized and directed to be made and completed on or before 10 such effective date.
