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.