Bill Text: NY S05379 | 2017-2018 | 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.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S05379 Detail]
Download: New_York-2017-S05379-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5379--A 2017-2018 Regular Sessions IN SENATE March 23, 2017 ___________ Introduced by Sen. PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted 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 97 of 3 the laws of 2016, 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", or "Work Zone Safe- 9 ty" awareness as defined by the commissioner, the law relating to exer- 10 cising due care to avoid colliding with a parked, stopped or standing 11 authorized emergency vehicle or hazard vehicle pursuant to section elev- 12 en hundred forty-four-a of this chapter, the ability to read and compre- 13 hend traffic signs and symbols, the responsibilities of a driver when 14 stopped by a law enforcement officer and such other matters as the 15 commissioner may prescribe, and to satisfactorily complete a course 16 prescribed by the commissioner of not less than four hours and not more 17 than five hours, consisting of classroom driver training and highway 18 safety instruction or the equivalent thereof. Such test shall include at 19 least seven written questions concerning the effects of consumption of 20 alcohol or drugs on the ability of a person to operate a motor vehicle 21 and the legal and financial consequences resulting from violations of 22 section eleven hundred ninety-two of this chapter, prohibiting the oper- 23 ation of a motor vehicle while under the influence of alcohol or drugs. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10528-03-7S. 5379--A 2 1 Such test shall include one or more written questions concerning the 2 devastating effects of "Road Rage" on the ability of a person to operate 3 a motor vehicle and the legal and financial consequences resulting from 4 assaulting, threatening or interfering with the lawful conduct of anoth- 5 er person legally using the roadway. Such test shall include one or more 6 questions concerning the potential dangers to persons and equipment 7 resulting from the unsafe operation of a motor vehicle in a work zone. 8 Such test may include one or more questions concerning the law for exer- 9 cising due care to avoid colliding with a parked, stopped or standing 10 vehicle pursuant to section eleven hundred forty-four-a of this chapter. 11 Such test shall include one or more questions concerning the responsi- 12 bilities of a driver when stopped by a law enforcement officer. Such 13 test shall be administered by the commissioner. The commissioner shall 14 cause the applicant to take a vision test and a test for color blind- 15 ness. Upon passage of the vision test, the application may be accepted 16 and the application fee shall be payable. 17 § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502 18 of the vehicle and traffic law, as amended by chapter 355 of the laws of 19 2017, is amended to read as follows: 20 (i) Upon submission of an application for a driver's license, the 21 applicant shall be required to take and pass a test, or submit evidence 22 of passage of a test, with respect to the laws relating to traffic, the 23 laws relating to driving while ability is impaired and while intoxicat- 24 ed, under the overpowering influence of "Road Rage", "Work Zone Safety" 25 awareness and "Motorcycle Safety" awareness as defined by the commis- 26 sioner, the law relating to exercising due care to avoid colliding with 27 a parked, stopped or standing authorized emergency vehicle or hazard 28 vehicle pursuant to section eleven hundred forty-four-a of this chapter, 29 the ability to read and comprehend traffic signs and symbols, the 30 responsibilities of a driver when stopped by a law enforcement officer 31 and such other matters as the commissioner may prescribe, and to satis- 32 factorily complete a course prescribed by the commissioner of not less 33 than four hours and not more than five hours, consisting of classroom 34 driver training and highway safety instruction or the equivalent there- 35 of. Such test shall include at least seven written questions concerning 36 the effects of consumption of alcohol or drugs on the ability of a 37 person to operate a motor vehicle and the legal and financial conse- 38 quences resulting from violations of section eleven hundred ninety-two 39 of this chapter, prohibiting the operation of a motor vehicle while 40 under the influence of alcohol or drugs. Such test shall include one or 41 more written questions concerning the devastating effects of "Road Rage" 42 on the ability of a person to operate a motor vehicle and the legal and 43 financial consequences resulting from assaulting, threatening or inter- 44 fering with the lawful conduct of another person legally using the road- 45 way. Such test shall include one or more questions concerning the poten- 46 tial dangers to persons and equipment resulting from the unsafe 47 operation of a motor vehicle in a work zone. Such test may include one 48 or more questions concerning motorcycle safety. Such test may include 49 one or more questions concerning the law for exercising due care to 50 avoid colliding with a parked, stopped or standing vehicle pursuant to 51 section eleven hundred forty-four-a of this chapter. Such test shall 52 include one or more questions concerning the responsibilities of a driv- 53 er when stopped by a law enforcement officer. Such test shall be admin- 54 istered by the commissioner. The commissioner shall cause the applicant 55 to take a vision test and a test for color blindness. Upon passage ofS. 5379--A 3 1 the vision test, the application may be accepted and the application fee 2 shall be payable. 3 § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 4 traffic law, as amended by chapter 585 of the laws of 2002, is amended 5 to read as follows: 6 (b) Upon successful completion of the requirements set forth in para- 7 graph (a) of this subdivision which shall include an alcohol and drug 8 education component as described in paragraph (c) of this subdivision, a 9 "Road Rage" awareness component as described in paragraph (c-1) of this 10 subdivision [and] a "Work Zone Safety" awareness component as described 11 in paragraph (c-2) of this subdivision and a traffic stop instruction 12 component as described in paragraph (c-4) of this subdivision, the 13 commissioner shall cause the applicant to take a road test in a repre- 14 sentative vehicle of a type prescribed by the commissioner which shall 15 be appropriate to the type of license for which application is made, 16 except that the commissioner may waive the road test requirements for 17 certain classes of applicants. The commissioner shall have the power to 18 establish a program to allow persons other than employees of the depart- 19 ment to conduct road tests in representative vehicles when such tests 20 are required for applicants to obtain a class A, B or C license. If she 21 chooses to do so, she shall set forth her reasons in writing and conduct 22 a public hearing on the matter. She shall only establish such a program 23 after holding the public hearing. 24 § 4. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 25 traffic law, as amended by chapter 355 of the laws of 2017, is amended 26 to read as follows: 27 (b) Upon successful completion of the requirements set forth in para- 28 graph (a) of this subdivision which shall include an alcohol and drug 29 education component as described in paragraph (c) of this subdivision, a 30 "Road Rage" awareness component as described in paragraph (c-1) of this 31 subdivision and a "Work Zone Safety" awareness component as described in 32 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness 33 component as described in paragraph (c-3) of this subdivision, and a 34 traffic stop instruction component as described in paragraph (c-4) of 35 this subdivision, the commissioner shall cause the applicant to take a 36 road test in a representative vehicle of a type prescribed by the 37 commissioner which shall be appropriate to the type of license for which 38 application is made, except that the commissioner may waive the road 39 test requirements for certain classes of applicants. The commissioner 40 shall have the power to establish a program to allow persons other than 41 employees of the department to conduct road tests in representative 42 vehicles when such tests are required for applicants to obtain a class 43 A, B or C license. If she chooses to do so, she shall set forth her 44 reasons in writing and conduct a public hearing on the matter. She shall 45 only establish such a program after holding the public hearing. 46 § 5. Subdivision 4 of section 502 of the vehicle and traffic law is 47 amended by adding a new paragraph (c-4) to read as follows: 48 (c-4) Traffic stop instruction component. (i) The commissioner shall 49 provide in the pre-licensing course, set forth in paragraph (b) of this 50 subdivision, a mandatory component in traffic stop instruction as a 51 prerequisite for obtaining a license to operate a motor vehicle. The 52 purpose of this component is to educate prospective licensees on his or 53 her responsibilities when stopped by a law enforcement officer. 54 (ii) The commissioner shall establish a curriculum for the traffic 55 stop instruction component which shall include but not be limited to: 56 instruction describing appropriate actions to be taken by drivers duringS. 5379--A 4 1 traffic stops and appropriate interactions with law-enforcement officers 2 who initiate traffic stops. The curriculum shall also explain a driver's 3 responsibilities when stopped by a law enforcement officer, including 4 pulling to the far right side of the road when being stopped; turning 5 off the motor vehicle's engine and radio; avoiding sudden movements and 6 keeping the driver's hands in plain view of the officer. 7 § 6. Subsection (a) of section 2336 of the insurance law, as amended 8 by chapter 751 of the laws of 2005, is amended to read as follows: 9 (a) Any schedule of rates or rating plan for motor vehicle liability 10 and collision insurance submitted to the superintendent shall provide 11 for an appropriate reduction in premium charges for any insured for a 12 three year period after successfully completing a motor vehicle accident 13 prevention course, known as the national safety council's defensive 14 driving course, or any driver improvement course approved by the depart- 15 ment of motor vehicles as being equivalent to the national safety coun- 16 cil's defensive driving course, provided that, except as provided in 17 article twelve-C of the vehicle and traffic law, there shall be no 18 reduction in premiums for a self instruction defensive driving course or 19 a course which does not provide for actual classroom instruction for a 20 minimum number of hours as determined by the department of motor vehi- 21 cles. Such reduction in premium charges shall be subsequently modified 22 to the extent appropriate, based upon analysis of loss experience 23 statistics and other relevant factors. All such accident prevention 24 courses shall be monitored by the department of motor vehicles and shall 25 include components of instruction in "Road Rage" awareness [and], in 26 "Work Zone Safety" awareness and in traffic stops as defined by the 27 commissioner of motor vehicles. The provisions of this section shall not 28 apply to attendance at a program pursuant to article twenty-one of the 29 vehicle and traffic law as a result of any traffic infraction. 30 § 7. Subsection (a) of section 2336 of the insurance law, as amended 31 by chapter 585 of the laws of 2002, is amended to read as follows: 32 (a) Any schedule of rates or rating plan for motor vehicle liability 33 and collision insurance submitted to the superintendent shall provide 34 for an appropriate reduction in premium charges for any insured for a 35 three year period after successfully completing a motor vehicle accident 36 prevention course, known as the national safety council's defensive 37 driving course, or any driver improvement course approved by the depart- 38 ment of motor vehicles as being equivalent to the national safety coun- 39 cil's defensive driving course, provided that in either event there 40 shall be no reduction in premiums for a self instruction defensive driv- 41 ing course or a course which does not provide for actual classroom 42 instruction for a minimum number of hours as determined by the depart- 43 ment of motor vehicles. Such reduction in premium charges shall be 44 subsequently modified to the extent appropriate, based upon analysis of 45 loss experience statistics and other relevant factors. All such accident 46 prevention courses shall be monitored by the department of motor vehi- 47 cles and shall include components of instruction in "Road Rage" aware- 48 ness [and], in "Work Zone Safety" awareness and in traffic stops as 49 defined by the commissioner of motor vehicles. The provisions of this 50 section shall not apply to attendance at a program pursuant to article 51 twenty-one of the vehicle and traffic law as a result of any traffic 52 infraction. 53 § 8. This act shall take effect immediately; provided that: (a) the 54 amendments made to section 502 of the vehicle and traffic law by 55 sections two and four of this act shall take effect on the same date and 56 in the same manner as chapter 355 of the laws of 2017, takes effect; andS. 5379--A 5 1 (b) the amendments to subsection (a) of section 2336 of the insurance 2 law, made by section six of this act, shall not affect the expiration 3 and reversion of such subsection and shall be deemed repealed therewith, 4 when upon such date section seven of this act shall take effect.
