Bill Text: NY S05228 | 2019-2020 | General Assembly | Amended


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: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2019-05-15 - referred to transportation [S05228 Detail]

Download: New_York-2019-S05228-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5228--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 17, 2019
                                       ___________
        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to be committed to the Committee on Transportation -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11203-02-9

        S. 5228--A                          2
     1  and the legal and financial consequences resulting  from  violations  of
     2  section eleven hundred ninety-two of this chapter, prohibiting the oper-
     3  ation  of a motor vehicle while under the influence of alcohol or drugs.
     4  Such  test  shall  include  one or more written questions concerning the
     5  devastating effects of "Road Rage" on the ability of a person to operate
     6  a motor vehicle and the legal and financial consequences resulting  from
     7  assaulting, threatening or interfering with the lawful conduct of anoth-
     8  er person legally using the roadway. Such test shall include one or more
     9  questions  concerning  the  potential  dangers  to persons and equipment
    10  resulting from the unsafe operation of a motor vehicle in a  work  zone.
    11  Such  test may include one or more questions concerning motorcycle safe-
    12  ty. Such test may include one or more questions concerning the  law  for
    13  exercising  due care to avoid colliding with a parked, stopped or stand-
    14  ing vehicle pursuant to section  eleven  hundred  forty-four-a  of  this
    15  chapter.    Such test shall include one or more questions concerning how
    16  to safely pass a bicyclist  on  the  road  and  one  or  more  questions
    17  concerning  the dangers of motorists to bicyclists and pedestrians. Such
    18  test shall be administered by the commissioner. The  commissioner  shall
    19  cause  the  applicant  to take a vision test and a test for color blind-
    20  ness. Upon passage of the vision test, the application may  be  accepted
    21  and the application fee shall be payable.
    22    (ii)  The  commissioner  shall promulgate rules and regulations estab-
    23  lishing eligibility standards for the taking and  passing  of  knowledge
    24  tests in other than written form.
    25    (b)  Upon successful completion of the requirements set forth in para-
    26  graph (a) of this subdivision which shall include an  alcohol  and  drug
    27  education component as described in paragraph (c) of this subdivision, a
    28  "Road  Rage" awareness component as described in paragraph (c-1) of this
    29  subdivision [and], a "Work Zone Safety" awareness component as described
    30  in paragraph (c-2) of this  subdivision,  [and]  a  "Motorcycle  Safety"
    31  awareness component as described in paragraph (c-3) of this subdivision,
    32  and a "Pedestrian and Bicyclist Safety" awareness component as described
    33  in paragraph (c-4) of this subdivision, the commissioner shall cause the
    34  applicant  to  take  a  road  test in a representative vehicle of a type
    35  prescribed by the commissioner which shall be appropriate to the type of
    36  license for which application is made, except that the commissioner  may
    37  waive  the road test requirements for certain classes of applicants. The
    38  commissioner shall have the  power  to  establish  a  program  to  allow
    39  persons  other than employees of the department to conduct road tests in
    40  representative vehicles when such tests are required for  applicants  to
    41  obtain a class A, B or C license. If she chooses to do so, she shall set
    42  forth her reasons in writing and conduct a public hearing on the matter.
    43  She  shall  only establish such a program after holding the public hear-
    44  ing.
    45    (c-4) "Pedestrian and Bicyclist Safety" awareness component.  (i)  The
    46  commissioner  shall  provide  in  the pre-licensing course, set forth in
    47  paragraph (b) of this subdivision, a mandatory component in  "Pedestrian
    48  and  Bicyclist Safety" awareness education as a prerequisite for obtain-
    49  ing a license to operate a motor vehicle. The purpose of  the  component
    50  is  to  educate prospective licensees on the potential dangers to pedes-
    51  trians, bicyclists, and other non-motorized vehicles  created  by  motor
    52  vehicles.  The curriculum shall include components on how to safely pass
    53  a bicyclist on the road, bicycle lanes as defined in section one hundred
    54  two-a of this chapter, exiting a vehicle without endangering pedestrians
    55  and bicyclists, how to navigate an  intersection  with  pedestrians  and
    56  bicyclists,  and the dangers of motorists to bicyclists and pedestrians.

        S. 5228--A                          3
     1  (ii) In developing such curriculum, the commissioner shall consult  with
     2  the  commissioner  of transportation, the commissioner of transportation
     3  of the city of New York and bicycle and pedestrian advocates.
     4    (d) The commissioner shall make available for distribution upon regis-
     5  tration  at  each location where the pre-licensing course will be given,
     6  instructional handbooks outlining the content of the  entire  curriculum
     7  of  the  pre-licensing  course  including the information required to be
     8  included in the course pursuant to paragraphs (c), (c-1),  (c-2)  [and],
     9  (c-3) and (c-4) of this subdivision. The commissioner shall also provide
    10  for  the additional training of the instructors necessary for the compe-
    11  tent instruction of the alcohol and drug education, "Road  Rage"  aware-
    12  ness,  "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness
    13  and "Pedestrian and Bicyclist Safety" awareness subject matters  of  the
    14  pre-licensing course.
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.
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