Bill Text: NY S05707 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for certain presumptions for reckless driving and the implementation of a reckless driving and vehicular violence awareness component of the pre-licensing course for driver's licenses.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05707 Detail]

Download: New_York-2023-S05707-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5707

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 13, 2023
                                       ___________

        Introduced  by  Sens.  KENNEDY, GOUNARDES, HOYLMAN-SIGAL, MYRIE, RIVERA,
          SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
          ed to be committed to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
          relation  to  reckless  driving  and  the implementation of a reckless
          driving and vehicular violence awareness component of the  pre-licens-
          ing course for driver's licenses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. The Legislature recognizes the  height-
     2  ened  responsibility of operating a multi-ton car or truck and that such
     3  motor vehicle is a dangerous instrument under  state  law  that,  in  an
     4  instant,  can  cause lethal physical harm. For example, when operating a
     5  car at 30 miles per hour the average risk of  a  pedestrian  dying  upon
     6  impact  with  such car is 40%, at 40 miles per hour the risk of death is
     7  80%, and at speeds greater than 50 miles  per  hour  the  likelihood  of
     8  death is near certain at nearly 100%.
     9    When  deaths resulting from alcohol-impaired driving were reduced from
    10  approximately 30,000 annually in  the  early  1980s  across  the  United
    11  States to approximately 10,000 annually in recent years, that remarkable
    12  reduction  was  achieved in part by the certainty experienced by drivers
    13  that they would suffer legal consequences for driving impaired and risk-
    14  ing the lives of themselves and others, resulting from changes  in  laws
    15  prohibiting impaired driving. However, that certainty does not exist for
    16  other  types  of dangerous driving. A 2016 survey by the National Safety
    17  Council showed that "although 83% of drivers surveyed believe driving is
    18  a safety concern, a startling number say they are  comfortable  speeding
    19  (64%)  and  texting  either  manually  or through voice controls (47%),"
    20  whereas far fewer (10%) say they are comfortable driving after they feel
    21  they've had too much alcohol. This shows that, while drunk  driving  has
    22  become socially unacceptable, most other forms of dangerous driving have

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08822-01-3
        S. 5707                             2

     1  not, and New Yorkers are paying the price with lives lost and bodies and
     2  families  shattered. Moreover, the New York city Department of Transpor-
     3  tation estimated in 2010 that the annual cost  of  all  traffic  crashes
     4  just  in  New  York  city  to be $4.29 billion annually, about 1% of the
     5  Gross City Product.
     6    As evidenced by our country's  experience  combatting  drunk  driving,
     7  research  has  shown  that  perceived certainty of legal consequences is
     8  necessary to deter or prevent harmful acts, including dangerous driving.
     9  The original statutory language of the New York vehicle and traffic  law
    10  section  1212,  in  and of itself, is favorable to a reasonable standard
    11  for reckless or dangerous driving, specifying that driving in  a  manner
    12  that  "unreasonably  interferes with" or "unreasonably endangers others"
    13  constitutes a violation of that section and is an unclassified misdemea-
    14  nor. However, that reasonableness standard has subsequently been height-
    15  ened by New York judicial interpretations that require factors such as a
    16  finding of seriously blameworthy conduct, an "affirmative  act"  by  the
    17  driver,  a  "gross  deviation" from the standard of conduct a reasonable
    18  person would observe, and additional "aggravating factors" on behalf  of
    19  the  driver -- all judicial interpretations not required by the original
    20  statutory text. This judicially imposed requirement fails  to  recognize
    21  the  awesome  responsibility  that operating a multi-ton car or truck is
    22  and as a consequence, evidenced in part by the staggering  injuries  and
    23  deaths in our state, the statute has failed to achieve what it intended.
    24  Cars  and trucks are dangerous instruments under state law and should be
    25  recognized as such when applying vehicle and traffic law  section  1212.
    26  For  these  reasons  the legislature is correcting the misapplication of
    27  vehicle and traffic law section 1212 and restoring the  statute  to  its
    28  original  intent to deter and prevent dangerous operation of heavy motor
    29  vehicles that pose a daily threat to public health and risk the lives of
    30  New Yorkers throughout our state.
    31    § 2. Section 1212 of the vehicle and traffic law, as added by  chapter
    32  47 of the laws of 1988, is amended to read as follows:
    33    § 1212. Reckless  driving.  (a)  Reckless driving shall mean [driving]
    34  operating or using any motor vehicle, motorcycle or  any  other  vehicle
    35  propelled  by  any  power  other than muscular power or any appliance or
    36  accessory thereof in a manner which  unreasonably  interferes  with  the
    37  free and [proper] safe use of the public highway, or unreasonably endan-
    38  gers  users of the public highway. Reckless driving is prohibited. Every
    39  person violating this  provision  shall  be  guilty  of  a  misdemeanor.
    40  Notwithstanding  any  other  provision of this chapter or the penal law,
    41  there shall be a rebuttable presumption that every person violating this
    42  section and who causes physical injury, serious physical injury or death
    43  to another person shall be found to have acted with criminal  negligence
    44  under  section  15.05  of the penal law, and every person violating this
    45  section while acting with criminal negligence shall be guilty of a class
    46  A misdemeanor. A violation of this section does not require a finding of
    47  a minimum number of violations of law or a finding  that  a  person  was
    48  aware  of,  had  perceived,  or  had created the risk of harm to another
    49  person.
    50    (b) Provided further, if the operator of a motor  vehicle,  motorcycle
    51  or any other vehicle propelled by any power other than muscular power or
    52  any  appliance  or  accessory  thereof  operates in a manner that causes
    53  physical injury, serious physical injury  or  death  to  another  person
    54  while  violating one or more sections of this chapter or of a law, ordi-
    55  nance, order, rule or regulation relating to  traffic,  except  parking,
    56  standing,  or  stopping  offenses,  then  there  shall  be  a rebuttable
        S. 5707                             3

     1  presumption such driver was operating in violation of subdivision (a) of
     2  this section. Nothing contained in  this  section  shall  be  deemed  to
     3  supersede the provisions of any other applicable section of law.
     4    (c) A driver of a motor vehicle or motorcycle guilty of violating this
     5  section shall additionally be required to participate in a motor vehicle
     6  accident  prevention  course  approved  by  the commissioner pursuant to
     7  article twelve-B of this chapter.
     8    § 3. Section 1146 of the vehicle and traffic law, as amended by  chap-
     9  ter 333 of the laws of 2010, is amended to read as follows:
    10    § 1146. Drivers  to  exercise  due  care.  [(a)]  Notwithstanding  the
    11  provisions of any other law to the contrary, every driver of  a  vehicle
    12  shall exercise due care to avoid colliding with any bicyclist, pedestri-
    13  an, or domestic animal upon any roadway and shall give warning by sound-
    14  ing  the horn when necessary. For the purposes of this section, the term
    15  "domestic animal" shall mean domesticated sheep, cattle, and goats which
    16  are under the supervision and control of a pedestrian.
    17    [(b) 1. A driver of a motor vehicle  who  causes  physical  injury  as
    18  defined  in  article  ten  of the penal law to a pedestrian or bicyclist
    19  while failing to exercise due care in violation of  subdivision  (a)  of
    20  this  section,  shall  be guilty of a traffic infraction punishable by a
    21  fine of not more than five hundred dollars or by  imprisonment  for  not
    22  more than fifteen days or by both such fine and imprisonment.
    23    2.  If  such  driver  of  a motor vehicle causes physical injury while
    24  failing to exercise due care in violation of  subdivision  (a)  of  this
    25  section,  then there shall be a rebuttable presumption that, as a result
    26  of such failure to exercise due care, such  person  operated  the  motor
    27  vehicle in a manner that caused such physical injury.
    28    (c)  1. A driver of a motor vehicle who causes serious physical injury
    29  as defined in article ten of the penal law to a pedestrian or  bicyclist
    30  while  failing  to  exercise due care in violation of subdivision (a) of
    31  this section, shall be guilty of a traffic infraction  punishable  by  a
    32  fine of not more than seven hundred fifty dollars or by imprisonment for
    33  not more than fifteen days or by required participation in a motor vehi-
    34  cle  accident  prevention course pursuant to paragraph (e-1) of subdivi-
    35  sion two of section 65.10 of the penal law or by any combination of such
    36  fine, imprisonment or course, and by suspension of a license  or  regis-
    37  tration  pursuant to subparagraph (xiv) or (xv) of paragraph b of subdi-
    38  vision two of section five hundred ten of this chapter.
    39    2. If such driver of a motor vehicle causes  serious  physical  injury
    40  while  failing  to  exercise due care in violation of subdivision (a) of
    41  this section, then there shall be a rebuttable presumption  that,  as  a
    42  result  of  such  failure to exercise due care, such person operated the
    43  motor vehicle in a manner that caused such serious physical injury.
    44    (d) A violation of subdivision (b) or (c) of this section committed by
    45  a person who has previously been convicted  of  any  violation  of  such
    46  subdivisions within the preceding five years, shall constitute a class B
    47  misdemeanor  punishable  by a fine of not more than one thousand dollars
    48  in addition to any other penalties provided by law.
    49    (e) Nothing contained in this section shall  prevent  the  court  from
    50  imposing  any other authorized disposition, including a period of commu-
    51  nity service.]
    52    § 4.  Subparagraph (i) of paragraph (a) and paragraphs (b) and (d)  of
    53  subdivision  4 of section 502 of the vehicle and traffic law, as amended
    54  by chapter 379 of the laws of 2022, are  amended  and  a  new  paragraph
    55  (c-6) is added to read as follows:
        S. 5707                             4

     1    (i)  Upon  submission  of  an  application for a driver's license, the
     2  applicant shall be required to take and pass a test, or submit  evidence
     3  of  passage of a test, with respect to the laws relating to traffic, the
     4  laws relating to driving while ability is impaired and while  intoxicat-
     5  ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
     6  awareness, "Motorcycle Safety" awareness and "Pedestrian  and  Bicyclist
     7  Safety"  awareness  as  defined by the commissioner, "School Bus Safety"
     8  awareness,  the  laws  relating  to  "Reckless  Driving  and   Vehicular
     9  Violence"  awareness,  the  law relating to exercising due care to avoid
    10  colliding with a parked, stopped or standing authorized emergency  vehi-
    11  cle or hazard vehicle pursuant to section eleven hundred forty-four-a of
    12  this  chapter,  the  ability  to  read  and comprehend traffic signs and
    13  symbols and such other matters as the commissioner may prescribe, and to
    14  satisfactorily complete a course prescribed by the commissioner  of  not
    15  less  than four hours and not more than five hours, consisting of class-
    16  room driver training and highway safety instruction  or  the  equivalent
    17  thereof.  Such  test  shall  include  at  least  seven written questions
    18  concerning the effects of consumption of alcohol or drugs on the ability
    19  of a person to operate a motor  vehicle  and  the  legal  and  financial
    20  consequences  resulting  from violations of section eleven hundred nine-
    21  ty-two of this chapter, prohibiting the operation  of  a  motor  vehicle
    22  while  under  the influence of alcohol or drugs. Such test shall include
    23  one or more written questions  concerning  the  devastating  effects  of
    24  "Road  Rage"  on  the ability of a person to operate a motor vehicle and
    25  the legal and financial consequences resulting from assaulting,  threat-
    26  ening  or  interfering with the lawful conduct of another person legally
    27  using the roadway.  Such  test  shall  include  one  or  more  questions
    28  concerning the potential dangers to persons and equipment resulting from
    29  the unsafe operation of a motor vehicle in a work zone.  Such test shall
    30  include one or more questions concerning reckless driving and exercising
    31  due  care  to avoid colliding with bicyclists and pedestrians. Such test
    32  may include one or more questions  concerning  motorcycle  safety.  Such
    33  test may include one or more questions concerning the law for exercising
    34  due  care  to avoid colliding with a parked, stopped or standing vehicle
    35  pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
    36  test  may  include  one  or more questions concerning school bus safety.
    37  Such test may include one or more questions  concerning  pedestrian  and
    38  bicyclist  safety.  Such test shall be administered by the commissioner.
    39  The commissioner shall cause the applicant to take a vision test  and  a
    40  test  for color blindness. Upon passage of the vision test, the applica-
    41  tion may be accepted and the application fee shall be payable.
    42    (b) Upon successful completion of the requirements set forth in  para-
    43  graph  (a)  of  this subdivision which shall include an alcohol and drug
    44  education component as described in paragraph (c) of this subdivision, a
    45  "Road Rage" awareness component as described in paragraph (c-1) of  this
    46  subdivision,  a  "Work  Zone Safety" awareness component as described in
    47  paragraph (c-2) of this subdivision,  a  "Motorcycle  Safety"  awareness
    48  component as described in paragraph (c-3) of this subdivision, a "School
    49  Bus  Safety" awareness component as described in paragraph (c-4) of this
    50  subdivision, [and] a "Pedestrian and Bicyclist Safety" awareness  compo-
    51  nent  as  described in paragraph (c-5) of this subdivision, and a "Reck-
    52  less Driving and Vehicular Violence" awareness component as described in
    53  paragraph (c-6) of this subdivision, the commissioner  shall  cause  the
    54  applicant  to  take  a  road  test in a representative vehicle of a type
    55  prescribed by the commissioner which shall be appropriate to the type of
    56  license for which application is made, except that the commissioner  may
        S. 5707                             5

     1  waive  the  road  test  requirements  for certain classes of applicants.
     2  Provided, however, that the  term  "representative  vehicle"  shall  not
     3  include  a  three-wheeled  motor vehicle that has two wheels situated in
     4  the  front and one wheel in the rear, has a steering mechanism and seat-
     5  ing which does not require the operator to straddle or sit  astride,  is
     6  equipped  with  safety  belts  for  all occupants and is manufactured to
     7  comply with federal  motor  vehicle  safety  standards  for  motorcycles
     8  including,  but  not  limited  to,  49 C.F.R. part 571. The commissioner
     9  shall have the power to establish a program to allow persons other  than
    10  employees  of  the  department  to  conduct road tests in representative
    11  vehicles when such tests are required for applicants to obtain  a  class
    12  A,  B  or  C license. If she or he chooses to do so, she or he shall set
    13  forth her or his reasons in writing and conduct a public hearing on  the
    14  matter.  She or he shall only establish such a program after holding the
    15  public hearing.
    16     (c-6) "Reckless Driving and Vehicular Violence" awareness  component.
    17  (i)  The  commissioner  shall  provide  in the pre-licensing course, set
    18  forth in paragraph (b) of this subdivision,  a  mandatory  component  in
    19  "Reckless  Driving  and  Vehicular  Violence"  awareness  education as a
    20  prerequisite for obtaining a license to operate  a  motor  vehicle.  The
    21  purpose  of  the  component  is  to educate prospective licensees on the
    22  potential dangers to pedestrians, bicyclists,  and  other  non-motorized
    23  vehicles created by motor vehicles, and the consequences of committing a
    24  vehicular crime that causes injury or death to another individual.
    25    (ii)  The  curriculum  shall  include, but shall not be limited to, an
    26  overview of traffic laws governing  motor  vehicle  operators'  duty  to
    27  exercise  due care with respect to pedestrians and bicyclists, including
    28  but not limited to understanding bicyclists' and pedestrians' rights  of
    29  way,  safe operation near bicyclists and pedestrians, including children
    30  and blind, deaf, elderly and  disabled  pedestrians,  bicycle  lanes  as
    31  defined  in section one hundred two-a of this chapter, safety overtaking
    32  a bicycle, the dangers of distracted driving and reckless driving, driv-
    33  ing at appropriate  reduced  speeds  when  special  hazards  exist  with
    34  respect  to  pedestrians  or other weather or highway conditions, safely
    35  turning, stopping, standing, and parking, motor vehicle operators' obli-
    36  gations to comply with  article  twenty-two  of  this  chapter,  traffic
    37  control  devices and markings related to bicyclists and pedestrians, and
    38  an overview of laws governing conduct committed while operating a motor-
    39  ized vehicle that causes injury or death to another person.
    40    (iii) In developing such curriculum, the  commissioner  shall  consult
    41  with  the  commissioner  of  transportation, the superintendent of state
    42  police, the commissioners of transportation and police of  the  city  of
    43  New  York, medical professionals and bicycle and pedestrian safety advo-
    44  cates.
    45    (d) The commissioner shall make available for distribution upon regis-
    46  tration at each location where the pre-licensing course will  be  given,
    47  instructional  handbooks  outlining the content of the entire curriculum
    48  of the pre-licensing course including the  information  required  to  be
    49  included  in the course pursuant to paragraphs (c), (c-1), (c-2), (c-3),
    50  (c-4) [and], (c-5) and (c-6) of this subdivision. The commissioner shall
    51  also provide for the additional training of  the  instructors  necessary
    52  for  the  competent instruction of the alcohol and drug education, "Road
    53  Rage" awareness,  "Work  Zone  Safety"  awareness,  "Motorcycle  Safety"
    54  awareness,  "School  Bus Safety" awareness and "Pedestrian and Bicyclist
    55  Safety" awareness subject matters of the pre-licensing course.
        S. 5707                             6

     1    § 5. Paragraph 1 of subsection (a) of section 2336  of  the  insurance
     2  law,  as  amended  by  section  3  of  chapter 4 of the laws of 2021, is
     3  amended to read as follows:
     4    (1)  Any  schedule of rates or rating plan for motor vehicle liability
     5  and collision insurance submitted to the  superintendent  shall  provide
     6  for  an  actuarially  appropriate  reduction  in premium charges for any
     7  insured for a three year period after successfully  completing  a  motor
     8  vehicle  accident  prevention course, known as the national safety coun-
     9  cil's  defensive  driving  course,  or  any  driver  improvement  course
    10  approved  by the department of motor vehicles as being equivalent to the
    11  national safety  council's  defensive  driving  course,  provided  that,
    12  except  as  provided in article twelve-C of the vehicle and traffic law,
    13  there shall be no reduction in premiums for a self-instruction defensive
    14  driving course or a course that does not provide  for  actual  classroom
    15  instruction  for  a minimum number of hours as determined by the depart-
    16  ment of motor vehicles. Such  reduction  in  premium  charges  shall  be
    17  subsequently  modified to the extent appropriate, based upon analysis of
    18  loss experience statistics and other relevant factors. All such accident
    19  prevention courses shall be monitored by the department of  motor  vehi-
    20  cles  and  shall include components of instruction in "Road Rage" aware-
    21  ness [and], in "Work Zone Safety" awareness and in "Reckless Driving and
    22  Vehicular Violence" awareness as defined by the  commissioner  of  motor
    23  vehicles.  The  provisions of this section shall not apply to attendance
    24  at a program pursuant to article twenty-one of the vehicle  and  traffic
    25  law as a result of any traffic infraction.
    26    §  6.  Paragraph  1 of subsection (a) of section 2336 of the insurance
    27  law, as amended by section 4 of chapter  4  of  the  laws  of  2021,  is
    28  amended to read as follows:
    29    (1)  Any  schedule of rates or rating plan for motor vehicle liability
    30  and collision insurance submitted to the  superintendent  shall  provide
    31  for  an  actuarially  appropriate  reduction  in premium charges for any
    32  insured for a three year period after successfully  completing  a  motor
    33  vehicle  accident  prevention course, known as the national safety coun-
    34  cil's  defensive  driving  course,  or  any  driver  improvement  course
    35  approved  by the department of motor vehicles as being equivalent to the
    36  national safety council's defensive driving  course,  provided  that  in
    37  either event there shall be no reduction in premiums for a self-instruc-
    38  tion  defensive  driving  course  or  a course that does not provide for
    39  actual classroom instruction for a minimum number of hours as determined
    40  by the department of motor vehicles. Such reduction in  premium  charges
    41  shall  be  subsequently  modified  to the extent appropriate, based upon
    42  analysis of loss experience statistics and other relevant  factors.  All
    43  such accident prevention courses shall be monitored by the department of
    44  motor  vehicles  and  shall  include  components of instruction in "Road
    45  Rage" awareness [and], in "Work Zone Safety" awareness and in  "Reckless
    46  Driving and Vehicular Violence" awareness as defined by the commissioner
    47  of  motor  vehicles.  The  provisions of this section shall not apply to
    48  attendance at a program pursuant to article twenty-one  of  the  vehicle
    49  and traffic law as a result of any traffic infraction.
    50    § 7. This act shall take effect on the one hundred eightieth day after
    51  it  shall  have  become  a law provided, however, that the amendments to
    52  subsection (a) of section 2336 of the insurance law made by section five
    53  of this act shall be subject to the expiration  and  reversion  of  such
    54  subsection  pursuant to section 5 of chapter 751 of the laws of 2005, as
    55  amended, when upon such date the provisions of section six of  this  act
    56  shall take effect.