Bill Text: NY S04747 | 2019-2020 | General Assembly | Introduced

Bill Title: Enhances the fitness and safety requirements for certain licensed individuals and establishes the "New York state task force on the effects of aging on driving ability".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-22 - REFERRED TO TRANSPORTATION [S04747 Detail]

Download: New_York-2019-S04747-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
        Introduced  by  Sen.  PARKER -- 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, in  relation  to  enhancing
          the  fitness  and safety requirements for certain licensed individuals
          and establishes the New York state task force on the effects of  aging
          on driving ability
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 502 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a.  Definitions.  For purposes of this section, the term "fit" shall
     4  mean deemed by a licensed physician to  have  the  physical  and  mental
     5  capacity to operate a motor vehicle.
     6    § 2.  Paragraph (a) of subdivision 6 of section 502 of the vehicle and
     7  traffic  law,  as  amended  by section 3 of part K  of chapter 59 of the
     8  laws of 2009, is amended to read as follows:
     9    (a) A license issued pursuant to  subdivision  five  of  this  section
    10  shall  be valid until the expiration date contained thereon, unless such
    11  license is suspended, revoked or cancelled. Such license may be  renewed
    12  by  submission of an application for renewal, the fee prescribed by law,
    13  proofs of prior licensing, fitness and acceptable vision  prescribed  by
    14  the  commissioner,  the  applicant's  social  security  number,  and  if
    15  required by the commissioner a photo image  of  the  applicant  in  such
    16  numbers  and form as the commissioner shall prescribe.  Upon the seventh
    17  application submission, and thereafter  for  a  renewal  of  a  driver's
    18  license,  applicants  must  submit  proof  of  a  physical  examination,
    19  conducted by a  licensed  physician,  to  prove  that  the  licensee  is
    20  medically  fit to operate a motor vehicle. In addition, an applicant for
    21  renewal of a license containing a hazardous material  endorsement  shall
    22  pass  an examination to retain such endorsement. The commissioner shall,
    23  with respect to the renewal of a hazardous materials endorsement, comply
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4747                             2
     1  with the requirements  imposed  upon  states  by  sections  383.141  and
     2  1572.13  of  title  49  of the code of federal regulations. A renewal of
     3  such license shall be issued by the commissioner upon approval  of  such
     4  application, except that no such license shall be issued if its issuance
     5  would  be  inconsistent  with  the  provisions  of  section five hundred
     6  sixteen of this title, and except that the commissioner  may  refuse  to
     7  renew  such  license if the applicant is the holder of a currently valid
     8  or renewable license to drive issued by another state or foreign country
     9  unless the applicant surrenders such license.
    10    § 3. a. The "New York state task force on  the  effects  of  aging  on
    11  driving  ability"  is hereby established (hereinafter referred to as the
    12  "task force"). The task force shall study the effects of aging on  driv-
    13  ing ability and develop a comprehensive approach to licensing drivers.
    14    b. Such study shall include:
    15    (i) Effective and efficient identification of drivers at risk of being
    16  involved  in  a motor vehicle accident because of functional limitations
    17  that affect their driving ability;
    18    (ii) Prevalence and effect of degenerative processes affecting vision,
    19  hearing, mobility, cognitive functions, and reaction time;
    20    (iii) Implementation and effect of the department's  vision  screening
    21  requirements and examination of new technologies;
    22    (iv)  Availability  and  effectiveness  of  remedial  measures such as
    23  skills training, adaptive equipment, physical therapy, and adjustment of
    24  driving practices that will allow people to drive safely for as long  as
    25  possible;
    26    (v) Availability of alternative forms of transportation for people who
    27  can no longer safely drive; and
    28    (vi)  Effectiveness  of existing public education initiatives relating
    29  to at-risk drivers.
    30    § 4. Such task force shall consist of  the  following  members,  which
    31  shall each serve for a term of two years:
    32    a. one member appointed by the governor;
    33    b. one member appointed by the temporary president of the senate;
    34    c. one member appointed by the minority leader of the senate;
    35    d. one member appointed by the speaker of the assembly;
    36    e. one member appointed by the minority leader of the assembly; and
    37    f.  two  members  appointed  by  the commissioner of the department of
    38  motor vehicles.
    39    § 5. Such members of the task force shall receive no compensation  for
    40  their  services,  but  shall be reimbursed for all expenses actually and
    41  necessarily incurred by them in the performance of their duties.  Vacan-
    42  cies in office shall be filled  in  the  same  manner  as  the  original
    43  appointment.
    44    § 6. The task force shall report its findings from such study and make
    45  recommendations  with  supporting  legislation  to  the governor and the
    46  legislature within one year of the effective date of this act.
    47    § 7. This act shall take effect immediately.