Bill Text: NY A00522 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to a motor vehicle accident prevention course for drivers convicted of driving while intoxicated or while under the influence of drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A00522 Detail]
Download: New_York-2013-A00522-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
522
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to the added requirement of a motor vehicle accident
prevention course for driving while under the influence of alcohol or
drugs violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1199 of the vehicle and traffic law, as added by
2 section 1 of part E of chapter 59 of the laws of 2004, is amended to
3 read as follows:
4 S 1199. Driver responsibility assessment AND MOTOR VEHICLE ACCIDENT
5 PREVENTION COURSE REQUIREMENT. 1. In addition to any fines, fees,
6 penalties and surcharges authorized by law, any person convicted of a
7 violation of any subdivision of section eleven hundred ninety-two of
8 this article, or any person found to have refused a chemical test in
9 accordance with section eleven hundred ninety-four of this article not
10 arising out of the same incident as a conviction for a violation of any
11 of the provisions of section eleven hundred ninety-two of this article,
12 shall become liable to the department for payment of a driver responsi-
13 bility assessment as provided in this section AND FOR COMPLETION OF A
14 MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED PURSUANT TO ARTICLE
15 TWELVE-B OR TWELVE-C OF THIS CHAPTER WITHIN SIX MONTHS OF NOTICE BY THE
16 COMMISSIONER OF THE OBLIGATION TO COMPLETE SUCH COURSE; PROVIDED, HOWEV-
17 ER, THAT COMPLETION OF SUCH COURSE PURSUANT TO THIS SECTION SHALL NOT
18 ENTITLE SUCH INDIVIDUAL TO A POINT REDUCTION OR INSURANCE PREMIUM
19 REDUCTION PURSUANT TO SECTION TWENTY-THREE HUNDRED THIRTY-SIX OF THE
20 INSURANCE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05006-01-3
A. 522 2
1 2. The amount of the driver responsibility assessment under this
2 section shall be two hundred fifty dollars per year for a three-year
3 period.
4 3. Upon receipt of evidence that a person is liable for the driver
5 responsibility assessment OR MOTOR VEHICLE ACCIDENT PREVENTION COURSE
6 required by this section, the commissioner shall notify such person by
7 first class mail to the address of such person on file with the depart-
8 ment or at the current address provided by the United States postal
9 service of the amount of such assessment, the time and manner of making
10 required payments, THE REQUIREMENT OF COMPLETING A MOTOR VEHICLE ACCI-
11 DENT PREVENTION COURSE, and that failure to make payment OR COMPLETE
12 SUCH COURSE shall result in the suspension of his or her driver's
13 license or privilege of obtaining a driver's license.
14 4. If a person shall fail to pay any driver responsibility assessment
15 OR COMPLETE A MOTOR VEHICLE ACCIDENT PREVENTION COURSE as provided in
16 this section, the commissioner shall suspend such person's driver's
17 license or privilege of obtaining a license. Such suspension shall
18 remain in effect until any and all outstanding driver responsibility
19 assessments have been paid in full AND SUCH PERSON HAS PROVIDED PROOF OF
20 COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
21 5. The provisions of this section shall also be applicable to any
22 person convicted of any violation of section forty-nine-a of the naviga-
23 tion law, any person convicted of a violation of section 25.24 of the
24 parks, recreation and historic preservation law, or any person found to
25 have refused a chemical test in accordance with the applicable
26 provisions of either the navigation law or the parks, recreation and
27 historic preservation law not arising out of the same incident as such
28 conviction.
29 S 2. Subdivision 4 of section 503 of the vehicle and traffic law, as
30 added by section 2 of part E of chapter 59 of the laws of 2004, para-
31 graph (f) as added by section 1 of part W of chapter 59 of the laws of
32 2006, is amended to read as follows:
33 4. Driver responsibility assessment AND MOTOR VEHICLE ACCIDENT
34 PREVENTION COURSE REQUIREMENT. (a) Any person who accumulates six or
35 more points on his or her driving record for acts committed within an
36 eighteen month period shall become liable to the department for payment
37 of a driver responsibility assessment AND FOR COMPLETION OF A MOTOR
38 VEHICLE ACCIDENT PREVENTION COURSE APPROVED PURSUANT TO ARTICLE TWELVE-B
39 OR TWELVE-C OF THIS CHAPTER WITHIN SIX MONTHS OF NOTICE BY THE COMMIS-
40 SIONER OF THE OBLIGATION TO COMPLETE SUCH COURSE as provided in this
41 subdivision.
42 (b) The amount of the driver responsibility assessment under this
43 section shall be one hundred dollars per year for a three-year period
44 for the first six points on a driver's record and an additional twenty-
45 five dollars per year for each additional point on such driver's record.
46 (c) Upon receipt of evidence that a person is liable for the driver
47 responsibility assessment OR MOTOR VEHICLE ACCIDENT PREVENTION COURSE
48 required by this subdivision, the commissioner shall notify such person
49 by first class mail to the address of such person on file with the
50 department or at the current address provided by the United States
51 postal service of the amount of such assessment, the time and manner of
52 making required payments, THE REQUIREMENT OF COMPLETING A MOTOR VEHICLE
53 ACCIDENT PREVENTION COURSE, and that failure to make payment OR COMPLETE
54 SUCH COURSE shall result in the suspension of his or her driver's
55 license or privilege of obtaining a driver's license.
A. 522 3
1 (d) If a person shall fail to pay any driver responsibility assessment
2 OR COMPLETE A MOTOR VEHICLE ACCIDENT PREVENTION COURSE as provided in
3 this subdivision, the commissioner shall suspend such person's driver's
4 license or privilege of obtaining a license. Such suspension shall
5 remain in effect until any and all outstanding driver responsibility
6 assessments have been paid in full AND SUCH PERSON HAS PROVIDED PROOF OF
7 COMPLETION OF A MOTOR VEHICLE ACCIDENT PREVENTION COURSE.
8 (e) Any completion of a motor vehicle accident prevention course
9 approved pursuant to article twelve-B OR TWELVE-C of this chapter shall
10 not serve to reduce the calculation of points OR THE REDUCTION OF AN
11 INSURANCE PREMIUM PURSUANT TO SECTION TWENTY-THREE HUNDRED THIRTY-SIX OF
12 THE INSURANCE LAW on a person's driving record for the purposes of this
13 section.
14 (f) Notwithstanding any other provision of law to the contrary,
15 commencing April first, two thousand six and ending March thirty-first,
16 two thousand seven, the first forty million seven hundred thousand
17 dollars of fees collected pursuant to this subdivision and section elev-
18 en hundred ninety-nine of this chapter, in the aggregate, shall be paid
19 to the state comptroller who shall deposit such money in the state trea-
20 sury pursuant to section one hundred twenty-one of the state finance law
21 to the credit of the general fund. Any such fees collected in excess of
22 such amount shall be paid to the credit of the comptroller on account of
23 the dedicated highway and bridge trust fund established pursuant to
24 section eighty-nine-b of the state finance law. Commencing April first,
25 two thousand seven and ending March thirty-first, two thousand eight,
26 and for each such fiscal year thereafter, the first forty million seven
27 hundred thousand dollars of fees collected pursuant to this subdivision
28 and section eleven hundred ninety-nine of this chapter, in the aggre-
29 gate, shall be paid to the state comptroller who shall deposit such
30 money in the state treasury pursuant to section one hundred twenty-one
31 of the state finance law to the credit of the general fund. Any such
32 fees collected in excess of such amount for each such state fiscal year,
33 shall be paid to the credit of the comptroller on account of the dedi-
34 cated highway and bridge trust fund established pursuant to section
35 eighty-nine-b of the state finance law.
36 S 3. Subsection (a) of section 2336 of the insurance law, as amended
37 by chapter 751 of the laws of 2005, is amended to read as follows:
38 (a) Any schedule of rates or rating plan for motor vehicle liability
39 and collision insurance submitted to the superintendent shall provide
40 for an appropriate reduction in premium charges for any insured for a
41 three year period after successfully completing a motor vehicle accident
42 prevention course, known as the national safety council's defensive
43 driving course, or any driver improvement course approved by the depart-
44 ment of motor vehicles as being equivalent to the national safety coun-
45 cil's defensive driving course, provided that, except as provided in
46 article twelve-C of the vehicle and traffic law, there shall be no
47 reduction in premiums for a self instruction defensive driving course or
48 a course which does not provide for actual classroom instruction for a
49 minimum number of hours as determined by the department of motor vehi-
50 cles. Such reduction in premium charges shall be subsequently modified
51 to the extent appropriate, based upon analysis of loss experience
52 statistics and other relevant factors. All such accident prevention
53 courses shall be monitored by the department of motor vehicles and shall
54 include components of instruction in "Road Rage" awareness and in "Work
55 Zone Safety" awareness as defined by the commissioner of motor vehicles.
56 The provisions of this section shall not apply to A MOTOR VEHICLE ACCI-
A. 522 4
1 DENT PREVENTION COURSE COMPLETED PURSUANT TO SECTION FIVE HUNDRED THREE
2 OR ELEVEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW OR attend-
3 ance at a program pursuant to article twenty-one of the vehicle and
4 traffic law as a result of any traffic infraction.
5 S 4. Subsection (a) of section 2336 of the insurance law, as amended
6 by chapter 585 of the laws of 2002, is amended to read as follows:
7 (a) Any schedule of rates or rating plan for motor vehicle liability
8 and collision insurance submitted to the superintendent shall provide
9 for an appropriate reduction in premium charges for any insured for a
10 three year period after successfully completing a motor vehicle accident
11 prevention course, known as the national safety council's defensive
12 driving course, or any driver improvement course approved by the depart-
13 ment of motor vehicles as being equivalent to the national safety coun-
14 cil's defensive driving course, provided that in either event there
15 shall be no reduction in premiums for a self instruction defensive driv-
16 ing course or a course which does not provide for actual classroom
17 instruction for a minimum number of hours as determined by the depart-
18 ment of motor vehicles. Such reduction in premium charges shall be
19 subsequently modified to the extent appropriate, based upon analysis of
20 loss experience statistics and other relevant factors. All such accident
21 prevention courses shall be monitored by the department of motor vehi-
22 cles and shall include components of instruction in "Road Rage" aware-
23 ness and in "Work Zone Safety" awareness as defined by the commissioner
24 of motor vehicles. The provisions of this section shall not apply to A
25 MOTOR VEHICLE ACCIDENT PREVENTION COURSE COMPLETED PURSUANT TO SECTION
26 FIVE HUNDRED THREE OR ELEVEN HUNDRED NINETY-NINE OF THE VEHICLE AND
27 TRAFFIC LAW OR attendance at a program pursuant to article twenty-one of
28 the vehicle and traffic law as a result of any traffic infraction.
29 S 5. This act shall take effect on the one hundred eightieth day after
30 it shall have become a law; provided that the amendments to subsection
31 (a) of section 2336 of the insurance law, made by section three of this
32 act, shall not affect the expiration and repeal of such subdivision and
33 shall be deemed repealed therewith, when upon such date section four of
34 this act shall take effect.
