Bill Text: NY S07881 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes an association representing motor vehicles engaged in the business of carrying or transporting passengers for-hire, having a seating capacity of not less than eight passengers, to create and implement a comprehensive educational program designed to advance for-hire motor vehicle safety and provide such training; allows for a reduction in rates of certain commercial risk insurance premiums for motor vehicles upon completion of such course; authorizes the superintendent of financial services to promulgate any necessary rules and regulations; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-12-15 - approval memo.51 [S07881 Detail]

Download: New_York-2019-S07881-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7881

                    IN SENATE

                                    February 28, 2020
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance

        AN ACT to amend the insurance law, in relation to establishing the  for-
          hire motor vehicle safety program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The insurance law is amended by adding a new  section  2353
     2  to read as follows:
     3    §  2353.  For-hire motor vehicle safety program; reduction in rates of
     4  certain commercial risk insurance premiums for motor vehicles.  (a)  For
     5  the  purposes  of this section, an association shall mean an association
     6  where all the eligible members of the association have the same  profes-
     7  sion,  trade,  or occupation, and the association has been organized and
     8  maintained in good faith for purposes principally  other  than  that  of
     9  obtaining  insurance,  and has been in active existence for at least two
    10  years.
    11    (b) An association representing motor vehicles engaged in the business
    12  of carrying or transporting passengers for-hire, having a seating capac-
    13  ity of not less than eight passengers, shall be authorized to create and
    14  implement a comprehensive educational program designed to  advance  for-
    15  hire motor vehicle safety, which provides for the training of all opera-
    16  tors  in  the safe operation of for-hire motor vehicles, education about
    17  safety equipment that can enhance the safe operation  of  vehicles,  and
    18  training  related  to  passenger safety. Such program shall include, but
    19  not be limited to, instruction which  addresses  the  following  subject
    20  areas:
    21    (1) the concept of collision prevention, including a discussion of the
    22  factors involved in traffic situations;
    23    (2)  alcohol  and  drug  use as a contributing factor in motor vehicle
    24  collisions;
    25    (3) accident prevention techniques;
    26    (4) the use of occupant restraints;
    27    (5) the risk factors involved in driver attitude and behavior such  as
    28  speeding, reckless and aggressive driving, and improper lane use;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15096-06-0

        S. 7881                             2

     1    (6) traffic laws in New York state;
     2    (7) physical and mental condition of drivers;
     3    (8) conditions and strategies of driving;
     4    (9)  safe driving techniques in hazardous weather conditions including
     5  rain, wind, snow, ice, sleet and fog;
     6    (10) equipment that can enhance the safe operation of vehicles; and
     7    (11) passenger safety including but not limited  to  recommending  the
     8  use  of  seat  belts  to passengers, warning passengers to exercise care
     9  when boarding and exiting a vehicle and notifying passengers of emergen-
    10  cy exits if applicable.
    11    (c) The association described in subsection (b) of this section  shall
    12  provide  a  certificate  to members of such association who successfully
    13  complete a course of instruction on for-hire vehicle safety  as  author-
    14  ized pursuant to this section.
    15    (d)  The  superintendent  shall provide for an actuarially appropriate
    16  reduction for a period of three years  in  the  rates  of  premiums  for
    17  commercial  risk  insurance  applicable to motor vehicles engaged in the
    18  business of carrying or transporting passengers for-hire, having a seat-
    19  ing capacity of not less  than  eight  passengers,  for  each  triennial
    20  completion  of  a course of instruction on for-hire motor vehicle safety
    21  as authorized pursuant to this section.  The superintendent shall evalu-
    22  ate and approve any for-hire vehicle safety program created pursuant  to
    23  this section within sixty days of the effective date of this section.
    24    (e)  An  authorized insurer shall, upon submission of a certificate by
    25  an insured evidencing that  such  insured  has  completed  a  course  of
    26  instruction  on  for-hire motor vehicle safety as authorized pursuant to
    27  this section, provide an actuarially appropriate reduction, for a period
    28  of three years, of the premium for such insured's commercial risk insur-
    29  ance applicable to motor vehicles engaged in the business of carrying or
    30  transporting passengers for-hire, having a seating capacity of not  less
    31  than eight passengers.
    32    (f) The superintendent may promulgate any rules and regulations neces-
    33  sary to implement the provisions of this section.
    34    §  2.  This  act  shall take effect immediately and shall apply to all
    35  policies issued, renewed, modified, altered or amended on or  after  the
    36  sixtieth day following the effective date of this act.
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