Bill Text: NY S06438 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires instruction concerning traffic stops in pre-licensing courses to provide drivers with their responsibilities when stopped by a law enforcement officer; requires all applicants for renewal to complete such course.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S06438 Detail]

Download: New_York-2021-S06438-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6438

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 28, 2021
                                       ___________

        Introduced  by  Sen.  WEIK  --  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
    25  include one or more written questions concerning the devastating effects

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11129-01-1

        S. 6438                             2

     1  of "Road Rage" on the ability of a person to operate a motor vehicle and
     2  the legal and financial consequences resulting from assaulting,  threat-
     3  ening  or  interfering with the lawful conduct of another person legally
     4  using  the  roadway.  Such  test  shall  include  one  or more questions
     5  concerning the potential dangers to persons and equipment resulting from
     6  the unsafe operation of a motor vehicle in a work zone.  Such  test  may
     7  include  one  or  more questions concerning motorcycle safety. Such test
     8  may include one or more questions concerning the law for exercising  due
     9  care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
    10  pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
    11  test  may  include  one  or more questions concerning school bus safety.
    12  Such test shall include one or more questions concerning  the  responsi-
    13  bilities  of  a  driver  when stopped by a law enforcement officer. Such
    14  test shall be administered by the commissioner. The  commissioner  shall
    15  cause  the  applicant  to take a vision test and a test for color blind-
    16  ness. Upon passage of the vision test, the application may  be  accepted
    17  and the application fee shall be payable.
    18    §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
    19  traffic law, as amended by chapter 513 of the laws of 2019,  is  amended
    20  to read as follows:
    21    (b)  Upon successful completion of the requirements set forth in para-
    22  graph (a) of this subdivision which shall include an  alcohol  and  drug
    23  education component as described in paragraph (c) of this subdivision, a
    24  "Road  Rage" awareness component as described in paragraph (c-1) of this
    25  subdivision and a "Work Zone Safety" awareness component as described in
    26  paragraph (c-2) of this subdivision,  a  "Motorcycle  Safety"  awareness
    27  component  as  described  in  paragraph (c-3) of this subdivision, and a
    28  "School Bus Safety" awareness component as described in paragraph  (c-4)
    29  of  this  subdivision,  and  a  traffic  stop  instruction  component as
    30  described in paragraph (c-5) of this subdivision, the commissioner shall
    31  cause the applicant to take a road test in a representative vehicle of a
    32  type prescribed by the commissioner which shall be  appropriate  to  the
    33  type  of  license for which application is made, except that the commis-
    34  sioner may waive the road  test  requirements  for  certain  classes  of
    35  applicants. The commissioner shall have the power to establish a program
    36  to  allow persons other than employees of the department to conduct road
    37  tests in representative vehicles when such tests are required for appli-
    38  cants to obtain a class A, B or C license. If she chooses to do so,  she
    39  shall  set  forth her reasons in writing and conduct a public hearing on
    40  the matter.  She shall only establish such a program after  holding  the
    41  public hearing.
    42    §  3.  Subdivision  4 of section 502 of the vehicle and traffic law is
    43  amended by adding a new paragraph (c-5) to read as follows:
    44    (c-5) Traffic stop instruction component. (i) The  commissioner  shall
    45  provide  in the pre-licensing course, set forth in paragraph (b) of this
    46  subdivision, a mandatory component in  traffic  stop  instruction  as  a
    47  prerequisite  for  obtaining  a  license to operate a motor vehicle. The
    48  purpose of this component is to educate prospective licensees on his  or
    49  her responsibilities when stopped by a law enforcement officer.
    50    (ii)  The  commissioner  shall  establish a curriculum for the traffic
    51  stop instruction component which shall include but not  be  limited  to:
    52  instruction describing appropriate actions to be taken by drivers during
    53  traffic stops and appropriate interactions with law enforcement officers
    54  who initiate traffic stops. The curriculum shall also explain a driver's
    55  responsibilities  when  stopped  by a law enforcement officer, including
    56  moving the vehicle onto the shoulder of the highway or, where the  high-

        S. 6438                             3

     1  way  has  no shoulder, an area adjacent to the highway where the vehicle
     2  can safely be stopped during a traffic stop; turning off the motor vehi-
     3  cle's engine and radio; avoiding sudden movements and keeping the  driv-
     4  er's  hands in plain view of the officer. The commissioner is authorized
     5  to collaborate with the division of state police and  non-profit  organ-
     6  izations  focusing  on  defending  or  promoting civil liberties and any
     7  other agencies or organizations she or he deems necessary in  establish-
     8  ing the curriculum. Such curriculum shall be updated at least annually.
     9    §  4.  Paragraph  1 of subsection (a) of section 2336 of the insurance
    10  law, as amended by section 3 of chapter  4  of  the  laws  of  2021,  is
    11  amended to read as follows:
    12    (1)  Any  schedule of rates or rating plan for motor vehicle liability
    13  and collision insurance submitted to the  superintendent  shall  provide
    14  for  an  actuarially  appropriate  reduction  in premium charges for any
    15  insured for a three year period after successfully  completing  a  motor
    16  vehicle  accident  prevention course, known as the national safety coun-
    17  cil's  defensive  driving  course,  or  any  driver  improvement  course
    18  approved  by the department of motor vehicles as being equivalent to the
    19  national safety  council's  defensive  driving  course,  provided  that,
    20  except  as  provided in article twelve-C of the vehicle and traffic law,
    21  there shall be no reduction in premiums for a self-instruction defensive
    22  driving course or a course that does not provide  for  actual  classroom
    23  instruction  for  a minimum number of hours as determined by the depart-
    24  ment of motor vehicles. Such  reduction  in  premium  charges  shall  be
    25  subsequently  modified to the extent appropriate, based upon analysis of
    26  loss experience statistics and other relevant factors. All such accident
    27  prevention courses shall be monitored by the department of  motor  vehi-
    28  cles  and  shall include components of instruction in "Road Rage" aware-
    29  ness [and], in "Work Zone Safety" awareness and  in  traffic  stops,  as
    30  defined  by  the  commissioner of motor vehicles. The provisions of this
    31  section shall not apply to attendance at a program pursuant  to  article
    32  twenty-one  of  the  vehicle  and traffic law as a result of any traffic
    33  infraction.
    34    § 5. Paragraph 1 of subsection (a) of section 2336  of  the  insurance
    35  law,  as  amended  by  section  4  of  chapter 4 of the laws of 2021, is
    36  amended to read as follows:
    37    (1) Any schedule of rates or rating plan for motor  vehicle  liability
    38  and  collision  insurance  submitted to the superintendent shall provide
    39  for an actuarially appropriate reduction  in  premium  charges  for  any
    40  insured  for  a  three year period after successfully completing a motor
    41  vehicle accident prevention course, known as the national  safety  coun-
    42  cil's  defensive  driving  course,  or  any  driver  improvement  course
    43  approved by the department of motor vehicles as being equivalent to  the
    44  national  safety  council's  defensive  driving course, provided that in
    45  either event there shall be no reduction in premiums for a self-instruc-
    46  tion defensive driving course or a course  that  does  not  provide  for
    47  actual classroom instruction for a minimum number of hours as determined
    48  by  the  department of motor vehicles. Such reduction in premium charges
    49  shall be subsequently modified to the  extent  appropriate,  based  upon
    50  analysis  of  loss experience statistics and other relevant factors. All
    51  such accident prevention courses shall be monitored by the department of
    52  motor vehicles and shall include  components  of  instruction  in  "Road
    53  Rage"  awareness  [and],  in "Work Zone Safety" awareness and in traffic
    54  stops, as defined by the commissioner of motor vehicles. The  provisions
    55  of  this  section shall not apply to attendance at a program pursuant to

        S. 6438                             4

     1  article twenty-one of the vehicle and traffic law as  a  result  of  any
     2  traffic infraction.
     3    §  6.  Subdivision  6 of section 502 of the vehicle and traffic law is
     4  amended by adding a new paragraph (a-1) to read as follows:
     5    (a-1) Notwithstanding paragraph (a) of  this  subdivision,  a  license
     6  shall  not  be  renewed  until  such  time as the applicant completes an
     7  updated traffic stop instruction course with the  most  recently  issued
     8  course  instructional materials developed pursuant to paragraph (c-5) of
     9  subdivision four of this section. Such  course  may  be  offered  in  an
    10  interactive  video  or  other electronic means as part of an applicant's
    11  online renewal application.
    12    § 7. This act shall take effect one year after it shall have become  a
    13  law;  provided that the amendments to paragraph (1) of subsection (a) of
    14  section 2336 of the insurance law, made by  section  four  of  this  act
    15  shall  be subject to the expiration and repeal of such subsection pursu-
    16  ant to section 5 of chapter 751 of the laws of 2005,  as  amended,  when
    17  upon  such  date  the  provisions of section five of this act shall take
    18  effect. Effective immediately, the addition, amendment and/or repeal  of
    19  any  rule  or regulation necessary for the implementation of this act on
    20  its effective date are authorized and directed to be made and  completed
    21  on or before such effective date.
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