Bill Text: NY S06143 | 2013-2014 | General Assembly | Amended


Bill Title: Adds a bicycle and pedestrian safety component to the pre-licensing driver's education course.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-06-18 - referred to transportation [S06143 Detail]

Download: New_York-2013-S06143-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6143--A
           Cal. No. 1182
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 8, 2014
                                      ___________
       Introduced  by  Sens.  GOLDEN, HOYLMAN, O'MARA -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Trans-
         portation  -- reported favorably from said committee, ordered to first
         report, amended on first  report,  ordered  to  a  second  report  and
         ordered reprinted, retaining its place in the order of second report
       AN  ACT  to  amend  the vehicle and traffic law, in relation to adding a
         bicycle and pedestrian safety component to the pre-licensing  driver's
         education course
         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) and  paragraphs  (b)  and
    2  (d)  of  subdivision  4  of  section 502 of the vehicle and traffic law,
    3  subparagraph (i) of paragraph (a) as amended by chapter 458 of the  laws
    4  of 2011 and paragraphs (b) and (d) as amended by chapter 585 of the laws
    5  of  2002,  are  amended  and  a  new paragraph (c-3) is added to read as
    6  follows:
    7    (i) Upon submission of an application  for  a  driver's  license,  the
    8  applicant  shall be required to take and pass a test, or submit evidence
    9  of passage of a test, with respect to the laws relating to traffic,  the
   10  laws  relating to driving while ability is impaired and while intoxicat-
   11  ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
   12  ty" awareness as defined by the commissioner, the law relating to  exer-
   13  cising  due  care  to avoid colliding with a parked, stopped or standing
   14  authorized emergency vehicle or hazard vehicle pursuant to section elev-
   15  en hundred forty-four-a of this chapter, the ability to read and compre-
   16  hend traffic signs and symbols, BICYCLE AND PEDESTRIAN SAFETY, and  such
   17  other  matters  as the commissioner may prescribe, and to satisfactorily
   18  complete a course prescribed by the commissioner of not less  than  four
   19  hours  and  not  more  than  five  hours, consisting of classroom driver
   20  training and highway safety instruction or the equivalent thereof.  Such
   21  test  shall  include  at  least  seven  written questions concerning the
   22  effects of consumption of alcohol or drugs on the ability of a person to
   23  operate a motor vehicle and the legal and financial consequences result-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02872-03-4
       S. 6143--A                          2
    1  ing from violations of section eleven hundred ninety-two of  this  chap-
    2  ter, prohibiting the operation of a motor vehicle while under the influ-
    3  ence  of  alcohol  or drugs. Such test shall include one or more written
    4  questions concerning the devastating effects of "Road Rage" on the abil-
    5  ity  of  a person to operate a motor vehicle and the legal and financial
    6  consequences resulting from assaulting, threatening or interfering  with
    7  the  lawful  conduct  of  another person legally using the roadway. Such
    8  test shall include  one  or  more  questions  concerning  the  potential
    9  dangers  to persons and equipment resulting from the unsafe operation of
   10  a motor vehicle in a work zone. Such test may include one or more  ques-
   11  tions concerning the law for exercising due care to avoid colliding with
   12  a  parked,  stopped  or  standing authorized emergency vehicle or hazard
   13  vehicle pursuant to section eleven hundred forty-four-a of this chapter.
   14  SUCH TEST SHALL INCLUDE ONE OR MORE  QUESTIONS  CONCERNING  BICYCLE  AND
   15  PEDESTRIAN  SAFETY. Such test shall be administered by the commissioner.
   16  The commissioner shall cause the applicant to take a vision test  and  a
   17  test  for color blindness. Upon passage of the vision test, the applica-
   18  tion may be accepted and the application fee shall be payable.
   19    (b) Upon successful completion of the requirements set forth in  para-
   20  graph  (a)  of  this subdivision which shall include an alcohol and drug
   21  education component as described in paragraph (c) of this subdivision, a
   22  "Road Rage" awareness component as described in paragraph (c-1) of  this
   23  subdivision [and], a "Work Zone Safety" awareness component as described
   24  in  paragraph  (c-2)  of this subdivision, AND A "BICYCLE AND PEDESTRIAN
   25  SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-3) OF  THIS  SUBDIVISION,
   26  the  commissioner  shall  cause  the  applicant to take a road test in a
   27  representative vehicle of a type prescribed by  the  commissioner  which
   28  shall  be  appropriate  to  the type of license for which application is
   29  made, except that the commissioner may waive the road test  requirements
   30  for certain classes of applicants. The commissioner shall have the power
   31  to  establish  a  program  to  allow persons other than employees of the
   32  department to conduct road tests in representative  vehicles  when  such
   33  tests  are  required for applicants to obtain a class A, B or C license.
   34  If she chooses to do so, she shall set forth her reasons in writing  and
   35  conduct  a public hearing on the matter. She shall only establish such a
   36  program after holding the public hearing.
   37    (C-3) "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE  COMMISSIONER
   38  SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
   39  THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
   40  TY"  EDUCATION  AS  A  PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A
   41  MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT IS  TO  EDUCATE  PROSPECTIVE
   42  LICENSEES  ON  THE POTENTIAL DANGERS TO PEDESTRIANS, BICYCLISTS, IN-LINE
   43  SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED  VEHICLES
   44  CREATED BY MOTOR VEHICLES.
   45    (II)  THE  COMMISSIONER  SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
   46  AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE  LIMITED
   47  TO:   SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
   48  DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE  HUNDRED
   49  TWO-A  OF  THIS  CHAPTER  AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
   50  STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS,  HOW  TO  NAVIGATE  AN
   51  INTERSECTION  WITH  PEDESTRIANS  AND CYCLISTS, EXITING A VEHICLE WITHOUT
   52  ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
   53  CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN  ON  THE
   54  ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
       S. 6143--A                          3
    1    (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
    2  WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
    3  TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
    4    (d) The commissioner shall make available for distribution upon regis-
    5  tration  at  each location where the pre-licensing course will be given,
    6  instructional handbooks outlining the content of the  entire  curriculum
    7  of  the  pre-licensing  course  including the information required to be
    8  included in the course pursuant to paragraphs (c),  (c-1)  [and],  (c-2)
    9  AND  (C-3)  of this subdivision. The commissioner shall also provide for
   10  the additional training of the instructors necessary for  the  competent
   11  instruction  of the alcohol and drug education [and], "Road Rage" aware-
   12  ness [and], "Work Zone Safety" awareness  AND  "BICYCLE  AND  PEDESTRIAN
   13  SAFETY" subject matters of the pre-licensing course.
   14    S  2.  This  act shall take effect on the ninetieth day after it shall
   15  have become a law.
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