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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 6-0)

Status: (Engrossed - Dead) 2020-03-11 - referred to transportation [S05228 Detail]

Download: New_York-2019-S05228-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5228
                               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
        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.
                                                                   LBD11203-01-9

        S. 5228                             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, how to navigate an intersection
    15  with pedestrians and bicyclists, and the dangers of motorists  to  bicy-
    16  clists  and  pedestrians. Such test shall be administered by the commis-
    17  sioner. The commissioner shall cause the applicant to take a vision test
    18  and a test for color blindness. Upon passage of  the  vision  test,  the
    19  application may be accepted 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.  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 how to safely pass a bicyclist on
    49  the  road,  how  to  navigate an intersection with pedestrians and bicy-
    50  clists, and the dangers of motorists to bicyclists and pedestrians.
    51    (d) The commissioner shall make available for distribution upon regis-
    52  tration at each location where the pre-licensing course will  be  given,
    53  instructional  handbooks  outlining the content of the entire curriculum
    54  of the pre-licensing course including the  information  required  to  be
    55  included  in  the course pursuant to paragraphs (c), (c-1), (c-2) [and],
    56  (c-3) and (c-4) of this subdivision. The commissioner shall also provide

        S. 5228                             3
     1  for the additional training of the instructors necessary for the  compe-
     2  tent  instruction  of the alcohol and drug education, "Road Rage" aware-
     3  ness, "Work Zone Safety" awareness [and], "Motorcycle Safety"  awareness
     4  and  "Pedestrian  and Bicyclist Safety" awareness subject matters of the
     5  pre-licensing course.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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