Bill Text: NY A02248 | 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: Moderate Partisan Bill (Democrat 16-5)
Status: (Introduced - Dead) 2022-01-05 - referred to transportation [A02248 Detail]
Download: New_York-2021-A02248-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2248 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. SIMON, WALSH -- Multi-Sponsored by -- M. of A. BICHOTTE HERMELYN, BUTTENSCHON, COOK, DAVILA, DICKENS, GALEF, GOTT- FRIED, GRIFFIN, McDONOUGH, B. MILLER, NIOU, REYES, RICHARDSON, SAYEGH, SEAWRIGHT, TAGUE, TAYLOR, WALCZYK, WILLIAMS -- read once and referred 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01132-01-1A. 2248 2 1 hundred ninety-two of this chapter, prohibiting the operation of a motor 2 vehicle while under the influence of alcohol or drugs. Such test shall 3 include one or more written questions concerning the devastating effects 4 of "Road Rage" on the ability of a person to operate a motor vehicle and 5 the legal and financial consequences resulting from assaulting, threat- 6 ening or interfering with the lawful conduct of another person legally 7 using the roadway. Such test shall include one or more questions 8 concerning the potential dangers to persons and equipment resulting from 9 the unsafe operation of a motor vehicle in a work zone. Such test may 10 include one or more questions concerning motorcycle safety. Such test 11 may include one or more questions concerning the law for exercising due 12 care to avoid colliding with a parked, stopped or standing vehicle 13 pursuant to section eleven hundred forty-four-a of this chapter. Such 14 test may include one or more questions concerning school bus safety. 15 Such test shall include one or more questions concerning the responsi- 16 bilities of a driver when stopped by a law enforcement officer. Such 17 test shall be administered by the commissioner. The commissioner shall 18 cause the applicant to take a vision test and a test for color blind- 19 ness. Upon passage of the vision test, the application may be accepted 20 and the application fee shall be payable. 21 § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and 22 traffic law, as amended by chapter 513 of the laws of 2019, is amended 23 to read as follows: 24 (b) Upon successful completion of the requirements set forth in para- 25 graph (a) of this subdivision which shall include an alcohol and drug 26 education component as described in paragraph (c) of this subdivision, a 27 "Road Rage" awareness component as described in paragraph (c-1) of this 28 subdivision and a "Work Zone Safety" awareness component as described in 29 paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness 30 component as described in paragraph (c-3) of this subdivision, and a 31 "School Bus Safety" awareness component as described in paragraph (c-4) 32 of this subdivision, and a traffic stop instruction component as 33 described in paragraph (c-5) of this subdivision, the commissioner shall 34 cause the applicant to take a road test in a representative vehicle of a 35 type prescribed by the commissioner which shall be appropriate to the 36 type of license for which application is made, except that the commis- 37 sioner may waive the road test requirements for certain classes of 38 applicants. The commissioner shall have the power to establish a program 39 to allow persons other than employees of the department to conduct road 40 tests in representative vehicles when such tests are required for appli- 41 cants to obtain a class A, B or C license. If she chooses to do so, she 42 shall set forth her reasons in writing and conduct a public hearing on 43 the matter. She shall only establish such a program after holding the 44 public hearing. 45 § 3. Subdivision 4 of section 502 of the vehicle and traffic law is 46 amended by adding a new paragraph (c-5) to read as follows: 47 (c-5) Traffic stop instruction component. (i) The commissioner shall 48 provide in the pre-licensing course, set forth in paragraph (b) of this 49 subdivision, a mandatory component in traffic stop instruction as a 50 prerequisite for obtaining a license to operate a motor vehicle. The 51 purpose of this component is to educate prospective licensees on his or 52 her responsibilities when stopped by a law enforcement officer. 53 (ii) The commissioner shall establish a curriculum for the traffic 54 stop instruction component which shall include but not be limited to: 55 instruction describing appropriate actions to be taken by drivers during 56 traffic stops and appropriate interactions with law enforcement officersA. 2248 3 1 who initiate traffic stops. The curriculum shall also explain a driver's 2 responsibilities when stopped by a law enforcement officer, including 3 moving the vehicle onto the shoulder of the highway or, where the high- 4 way has no shoulder, an area adjacent to the highway where the vehicle 5 can safely be stopped during a traffic stop; turning off the motor vehi- 6 cle's engine and radio; avoiding sudden movements and keeping the driv- 7 er's hands in plain view of the officer. The commissioner is authorized 8 to collaborate with the division of state police and non-profit organ- 9 izations focusing on defending or promoting civil liberties and any 10 other agencies or organizations she or he deems necessary in establish- 11 ing the curriculum. 12 § 4. Subsection (a) of section 2336 of the insurance law, as amended 13 by chapter 751 of the laws of 2005, is amended to read as follows: 14 (a) Any schedule of rates or rating plan for motor vehicle liability 15 and collision insurance submitted to the superintendent shall provide 16 for an appropriate reduction in premium charges for any insured for a 17 three year period after successfully completing a motor vehicle accident 18 prevention course, known as the national safety council's defensive 19 driving course, or any driver improvement course approved by the depart- 20 ment of motor vehicles as being equivalent to the national safety coun- 21 cil's defensive driving course, provided that, except as provided in 22 article twelve-C of the vehicle and traffic law, there shall be no 23 reduction in premiums for a self instruction defensive driving course or 24 a course which does not provide for actual classroom instruction for a 25 minimum number of hours as determined by the department of motor vehi- 26 cles. Such reduction in premium charges shall be subsequently modified 27 to the extent appropriate, based upon analysis of loss experience 28 statistics and other relevant factors. All such accident prevention 29 courses shall be monitored by the department of motor vehicles and shall 30 include components of instruction in "Road Rage" awareness [and], in 31 "Work Zone Safety" awareness and in traffic stops as defined by the 32 commissioner of motor vehicles. The provisions of this section shall not 33 apply to attendance at a program pursuant to article twenty-one of the 34 vehicle and traffic law as a result of any traffic infraction. 35 § 5. Subsection (a) of section 2336 of the insurance law, as amended 36 by chapter 585 of the laws of 2002, is amended to read as follows: 37 (a) Any schedule of rates or rating plan for motor vehicle liability 38 and collision insurance submitted to the superintendent shall provide 39 for an appropriate reduction in premium charges for any insured for a 40 three year period after successfully completing a motor vehicle accident 41 prevention course, known as the national safety council's defensive 42 driving course, or any driver improvement course approved by the depart- 43 ment of motor vehicles as being equivalent to the national safety coun- 44 cil's defensive driving course, provided that in either event there 45 shall be no reduction in premiums for a self instruction defensive driv- 46 ing course or a course which does not provide for actual classroom 47 instruction for a minimum number of hours as determined by the depart- 48 ment of motor vehicles. Such reduction in premium charges shall be 49 subsequently modified to the extent appropriate, based upon analysis of 50 loss experience statistics and other relevant factors. All such accident 51 prevention courses shall be monitored by the department of motor vehi- 52 cles and shall include components of instruction in "Road Rage" aware- 53 ness [and], in "Work Zone Safety" awareness and in traffic stops as 54 defined by the commissioner of motor vehicles. The provisions of this 55 section shall not apply to attendance at a program pursuant to articleA. 2248 4 1 twenty-one of the vehicle and traffic law as a result of any traffic 2 infraction. 3 § 6. This act shall take effect one year after it shall have become a 4 law; provided that the amendments to subsection (a) of section 2336 of 5 the insurance law, made by section four of this act shall be subject to 6 the expiration and repeal of such subsection pursuant to section 5 of 7 chapter 751 of the laws of 2005, as amended, when upon such date the 8 provisions of section five of this act shall take effect. Effective 9 immediately, the addition, amendment and/or repeal of any rule or regu- 10 lation necessary for the implementation of this act on its effective 11 date are authorized and directed to be made and completed on or before 12 such effective date.
