Bill Text: NY A10746 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to requiring attendance at motor vehicle accident prevention courses for certain individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-18 - referred to transportation [A10746 Detail]

Download: New_York-2011-A10746-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10746
                                 I N  A S S E M B L Y
                                     June 18, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
         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  motor  vehicle  accident  prevention courses for certain
         individuals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 510-d to read as follows:
    3    S 510-D. MOTOR  VEHICLE  ACCIDENT  PREVENTION  COURSE  FOR  VIOLATIONS
    4  COMMITTED  BY  HOLDERS  OF  CLASS  DJ  OR  CLASS MJ LEARNER'S PERMITS OR
    5  LICENSES. ANY PERSON WHOSE CLASS DJ OR  CLASS  MJ  LEARNER'S  PERMIT  OR
    6  LICENSE  IS  REVOKED OR SUSPENDED PURSUANT TO SECTION FIVE HUNDRED TEN-C
    7  OF THIS ARTICLE SHALL  COMPLETE  A  MOTOR  VEHICLE  ACCIDENT  PREVENTION
    8  COURSE  AS  APPROVED  PURSUANT  TO  ARTICLE TWELVE-B OR TWELVE-C OF THIS
    9  CHAPTER PRIOR  TO  REINSTATEMENT  OF  HIS  OR  HER  DRIVING  PRIVILEGES;
   10  PROVIDED,  HOWEVER,  THAT  COMPLETION  OF  SUCH  COURSE PURSUANT TO THIS
   11  SECTION SHALL NOT ENTITLE SUCH INDIVIDUAL TO A POINT REDUCTION OR INSUR-
   12  ANCE PREMIUM REDUCTION PURSUANT TO SECTION TWENTY-THREE HUNDRED  THIRTY-
   13  SIX OF THE INSURANCE LAW.
   14    S  2.  Subsection (a) of section 2336 of the insurance law, as amended
   15  by chapter 751 of the laws of 2005, is amended to read as follows:
   16    (a) Any schedule of rates or rating plan for motor  vehicle  liability
   17  and  collision  insurance  submitted to the superintendent shall provide
   18  for an appropriate reduction in premium charges for any  insured  for  a
   19  three year period after successfully completing a motor vehicle accident
   20  prevention  course,  known  as  the  national safety council's defensive
   21  driving course, or any driver improvement course approved by the depart-
   22  ment of motor vehicles as being equivalent to the national safety  coun-
   23  cil's  defensive  driving  course,  provided that, except as provided in
   24  article twelve-C of the vehicle and  traffic  law,  there  shall  be  no
   25  reduction in premiums for a self instruction defensive driving course or
   26  a  course  which does not provide for actual classroom instruction for a
   27  minimum number of hours as determined by the department of  motor  vehi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16027-02-2
       A. 10746                            2
    1  cles.  Such  reduction in premium charges shall be subsequently modified
    2  to the extent  appropriate,  based  upon  analysis  of  loss  experience
    3  statistics  and  other  relevant  factors.  All such accident prevention
    4  courses shall be monitored by the department of motor vehicles and shall
    5  include  components of instruction in "Road Rage" awareness and in "Work
    6  Zone Safety" awareness as defined by the commissioner of motor vehicles.
    7  The provisions of this section shall not apply to A MOTOR VEHICLE  ACCI-
    8  DENT  PREVENTION COURSE COMPLETED PURSUANT TO SECTION FIVE HUNDRED TEN-D
    9  OF THE VEHICLE AND TRAFFIC LAW OR attendance at a  program  pursuant  to
   10  article  twenty-one  of  the  vehicle and traffic law as a result of any
   11  traffic infraction.
   12    S 3. Subsection (a) of section 2336 of the insurance law,  as  amended
   13  by chapter 585 of the laws of 2002, 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  in  either  event  there
   22  shall be no reduction in premiums for a self instruction defensive driv-
   23  ing  course  or  a  course  which  does not provide for actual classroom
   24  instruction for a minimum number of hours as determined by  the  depart-
   25  ment  of  motor  vehicles.  Such  reduction  in premium charges shall be
   26  subsequently modified to the extent appropriate, based upon analysis  of
   27  loss experience statistics and other relevant factors. All such accident
   28  prevention  courses  shall be monitored by the department of motor vehi-
   29  cles and shall include components of instruction in "Road  Rage"  aware-
   30  ness  and in "Work Zone Safety" awareness as defined by the commissioner
   31  of motor vehicles. The provisions of this section shall not apply  to  A
   32  MOTOR  VEHICLE  ACCIDENT PREVENTION COURSE COMPLETED PURSUANT TO SECTION
   33  FIVE HUNDRED TEN-D OF THE VEHICLE AND TRAFFIC LAW  OR  attendance  at  a
   34  program pursuant to article twenty-one of the vehicle and traffic law as
   35  a result of any traffic infraction.
   36    S  4.  This  act shall take effect on the ninetieth day after it shall
   37  have become a law; provided, however, that the amendments to  subsection
   38  (a) of section 2336 of the insurance law made by section two of this act
   39  shall  be  subject  to  the  expiration and reversion of such subsection
   40  pursuant to section 5 of chapter 751 of the laws of  2005,  as  amended,
   41  when  upon  such  date the provisions of section three of this act shall
   42  take effect.
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