Bill Text: NY A07828 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course to educate prospective licensees on how to safely pass a bicyclist on the road, use of bicycle lanes and the dangers of motorists to bicyclists and pedestrians.

Spectrum: Slight Partisan Bill (Democrat 13-6)

Status: (Introduced) 2019-05-23 - referred to transportation [A07828 Detail]

Download: New_York-2019-A07828-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7828

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2019
                                       ___________

        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          instruction  in pedestrian and bicyclist safety as part of the drivers
          pre-licensing course

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

     1    Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
     2  of  the vehicle and traffic law, paragraph (a) as amended by chapter 585
     3  of the laws of 2002, subparagraph (i) of paragraph  (a)  and  paragraphs
     4  (b)  and  (d) as amended by chapter 355 of the laws of 2017, are amended
     5  and a new paragraph (c-4) is added to read as follows:
     6    (a) (i) Upon submission of an application for a driver's license,  the
     7  applicant  shall be required to take and pass a test, or submit evidence
     8  of passage of a test, with respect to the laws relating to traffic,  the
     9  laws  relating to driving while ability is impaired and while intoxicat-
    10  ed, under the overpowering influence of "Road Rage", "Work Zone  Safety"
    11  awareness [and], "Motorcycle Safety" awareness and "Pedestrian and Bicy-
    12  clist Safety" awareness as defined by the commissioner, the law relating
    13  to  exercising  due  care  to  avoid colliding with a parked, stopped or
    14  standing authorized emergency vehicle  or  hazard  vehicle  pursuant  to
    15  section eleven hundred forty-four-a of this chapter, the ability to read
    16  and  comprehend  traffic signs and symbols and such other matters as the
    17  commissioner may prescribe, and  to  satisfactorily  complete  a  course
    18  prescribed  by the commissioner of not less than four hours and not more
    19  than five hours, consisting of classroom  driver  training  and  highway
    20  safety instruction or the equivalent thereof. Such test shall include at
    21  least  seven  written questions concerning the effects of consumption of
    22  alcohol or drugs on the ability of a person to operate a  motor  vehicle
    23  and  the  legal  and financial consequences resulting from violations of
    24  section eleven hundred ninety-two of this chapter, prohibiting the oper-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11203-03-9

        A. 7828                             2

     1  ation of a motor vehicle while under the influence of alcohol or  drugs.
     2  Such  test  shall  include  one or more written questions concerning the
     3  devastating effects of "Road Rage" on the ability of a person to operate
     4  a  motor vehicle and the legal and financial consequences resulting from
     5  assaulting, threatening or interfering with the lawful conduct of anoth-
     6  er person legally using the roadway. Such test shall include one or more
     7  questions concerning the potential  dangers  to  persons  and  equipment
     8  resulting  from  the unsafe operation of a motor vehicle in a work zone.
     9  Such test may include one or more questions concerning motorcycle  safe-
    10  ty.  Such  test may include one or more questions concerning the law for
    11  exercising due care to avoid colliding with a parked, stopped or  stand-
    12  ing  vehicle  pursuant  to  section  eleven hundred forty-four-a of this
    13  chapter.  Such test shall include one or more questions  concerning  how
    14  to  safely  pass  a  bicyclist  on  the  road  and one or more questions
    15  concerning the dangers of motorists to bicyclists and pedestrians.  Such
    16  test  shall  be administered by the commissioner. The commissioner shall
    17  cause the applicant to take a vision test and a test  for  color  blind-
    18  ness.  Upon  passage of the vision test, the application may be accepted
    19  and the application fee shall be payable.
    20    (ii) The commissioner shall promulgate rules  and  regulations  estab-
    21  lishing  eligibility  standards  for the taking and passing of knowledge
    22  tests in other than written form.
    23    (b) Upon successful completion of the requirements set forth in  para-
    24  graph  (a)  of  this subdivision which shall include an alcohol and drug
    25  education component as described in paragraph (c) of this subdivision, a
    26  "Road Rage" awareness component as described in paragraph (c-1) of  this
    27  subdivision [and], a "Work Zone Safety" awareness component as described
    28  in  paragraph  (c-2)  of  this  subdivision, [and] a "Motorcycle Safety"
    29  awareness component as described in paragraph (c-3) of this subdivision,
    30  and a "Pedestrian and Bicyclist Safety" awareness component as described
    31  in paragraph (c-4) of this subdivision, the commissioner shall cause the
    32  applicant to take a road test in a  representative  vehicle  of  a  type
    33  prescribed by the commissioner which shall be appropriate to the type of
    34  license  for which application is made, except that the commissioner may
    35  waive the road test requirements for certain classes of applicants.  The
    36  commissioner  shall  have  the  power  to  establish  a program to allow
    37  persons other than employees of the department to conduct road tests  in
    38  representative  vehicles  when such tests are required for applicants to
    39  obtain a class A, B or C license. If she chooses to do so, she shall set
    40  forth her reasons in writing and conduct a public hearing on the matter.
    41  She shall only establish such a program after holding the  public  hear-
    42  ing.
    43    (c-4)  "Pedestrian and Bicyclist Safety" awareness component.  (i) The
    44  commissioner shall provide in the pre-licensing  course,  set  forth  in
    45  paragraph  (b) of this subdivision, a mandatory component in "Pedestrian
    46  and Bicyclist Safety" awareness education as a prerequisite for  obtain-
    47  ing  a  license to operate a motor vehicle. The purpose of the component
    48  is to educate prospective licensees on the potential dangers  to  pedes-
    49  trians,  bicyclists,  and  other non-motorized vehicles created by motor
    50  vehicles. The curriculum shall include components on how to safely  pass
    51  a bicyclist on the road, bicycle lanes as defined in section one hundred
    52  two-a of this chapter, exiting a vehicle without endangering pedestrians
    53  and  bicyclists,  how  to  navigate an intersection with pedestrians and
    54  bicyclists, and the dangers of motorists to bicyclists and  pedestrians.
    55  (ii)  In developing such curriculum, the commissioner shall consult with

        A. 7828                             3

     1  the commissioner of transportation, the commissioner  of  transportation
     2  of the city of New York and bicycle and pedestrian advocates.
     3    (d) The commissioner shall make available for distribution upon regis-
     4  tration  at  each location where the pre-licensing course will be given,
     5  instructional handbooks outlining the content of the  entire  curriculum
     6  of  the  pre-licensing  course  including the information required to be
     7  included in the course pursuant to paragraphs (c), (c-1),  (c-2)  [and],
     8  (c-3) and (c-4) of this subdivision. The commissioner shall also provide
     9  for  the additional training of the instructors necessary for the compe-
    10  tent instruction of the alcohol and drug education, "Road  Rage"  aware-
    11  ness,  "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness
    12  and "Pedestrian and Bicyclist Safety" awareness subject matters  of  the
    13  pre-licensing course.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.
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