Bill Text: NY S01452 | 2015-2016 | General Assembly | Introduced


Bill Title: Adds a bicycle and pedestrian safety component to the pre-licensing driver's education course.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2016-03-21 - referred to transportation [S01452 Detail]

Download: New_York-2015-S01452-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1452
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- 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  adding  a
         bicycle  and pedestrian safety component to the pre-licensing driver's
         education course
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (i) of paragraph (a) and paragraphs (b) and
    2  (d) of subdivision 4 of section 502 of  the  vehicle  and  traffic  law,
    3  subparagraph  (i) of paragraph (a) as amended by chapter 458 of the laws
    4  of 2011 and paragraphs (b) and (d) as amended by chapter 585 of the laws
    5  of 2002, are amended and a new paragraph  (c-3)  is  added  to  read  as
    6  follows:
    7    (i)  Upon  submission  of  an  application for a driver's license, the
    8  applicant shall be required to take and pass a test, or submit  evidence
    9  of  passage of a test, with respect to the laws relating to traffic, the
   10  laws relating to driving while ability is impaired and while  intoxicat-
   11  ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
   12  ty"  awareness as defined by the commissioner, the law relating to exer-
   13  cising due care to avoid colliding with a parked,  stopped  or  standing
   14  authorized emergency vehicle or hazard vehicle pursuant to section elev-
   15  en hundred forty-four-a of this chapter, the ability to read and compre-
   16  hend  traffic signs and symbols, BICYCLE AND PEDESTRIAN SAFETY, and such
   17  other matters as the commissioner may prescribe, and  to  satisfactorily
   18  complete  a  course prescribed by the commissioner of not less than four
   19  hours and not more than  five  hours,  consisting  of  classroom  driver
   20  training  and highway safety instruction or the equivalent thereof. Such
   21  test shall include at  least  seven  written  questions  concerning  the
   22  effects of consumption of alcohol or drugs on the ability of a person to
   23  operate a motor vehicle and the legal and financial consequences result-
   24  ing  from  violations of section eleven hundred ninety-two of this chap-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05915-01-5
       S. 1452                             2
    1  ter, prohibiting the operation of a motor vehicle while under the influ-
    2  ence of alcohol or drugs. Such test shall include one  or  more  written
    3  questions concerning the devastating effects of "Road Rage" on the abil-
    4  ity  of  a person to operate a motor vehicle and the legal and financial
    5  consequences resulting from assaulting, threatening or interfering  with
    6  the  lawful  conduct  of  another person legally using the roadway. Such
    7  test shall include  one  or  more  questions  concerning  the  potential
    8  dangers  to persons and equipment resulting from the unsafe operation of
    9  a motor vehicle in a work zone. Such test may include one or more  ques-
   10  tions concerning the law for exercising due care to avoid colliding with
   11  a  parked,  stopped  or  standing authorized emergency vehicle or hazard
   12  vehicle pursuant to section eleven hundred forty-four-a of this chapter.
   13  SUCH TEST SHALL INCLUDE ONE OR MORE  QUESTIONS  CONCERNING  BICYCLE  AND
   14  PEDESTRIAN  SAFETY. Such test shall be administered by the commissioner.
   15  The commissioner shall cause the applicant to take a vision test  and  a
   16  test  for color blindness. Upon passage of the vision test, the applica-
   17  tion may be accepted and the application fee shall be payable.
   18    (b) Upon successful completion of the requirements set forth in  para-
   19  graph  (a)  of  this subdivision which shall include an alcohol and drug
   20  education component as described in paragraph (c) of this subdivision, a
   21  "Road Rage" awareness component as described in paragraph (c-1) of  this
   22  subdivision [and], a "Work Zone Safety" awareness component as described
   23  in  paragraph  (c-2)  of this subdivision, AND A "BICYCLE AND PEDESTRIAN
   24  SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-3) OF  THIS  SUBDIVISION,
   25  the  commissioner  shall  cause  the  applicant to take a road test in a
   26  representative vehicle of a type prescribed by  the  commissioner  which
   27  shall  be  appropriate  to  the type of license for which application is
   28  made, except that the commissioner may waive the road test  requirements
   29  for certain classes of applicants. The commissioner shall have the power
   30  to  establish  a  program  to  allow persons other than employees of the
   31  department to conduct road tests in representative  vehicles  when  such
   32  tests  are  required for applicants to obtain a class A, B or C license.
   33  If she chooses to do so, she shall set forth her reasons in writing  and
   34  conduct  a public hearing on the matter. She shall only establish such a
   35  program after holding the public hearing.
   36    (C-3) "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE  COMMISSIONER
   37  SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
   38  THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
   39  TY"  EDUCATION  AS  A  PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A
   40  MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT IS  TO  EDUCATE  PROSPECTIVE
   41  LICENSEES  ON  THE POTENTIAL DANGERS TO PEDESTRIANS, BICYCLISTS, IN-LINE
   42  SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED  VEHICLES
   43  CREATED BY MOTOR VEHICLES.
   44    (II)  THE  COMMISSIONER  SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
   45  AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE  LIMITED
   46  TO:   SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
   47  DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE  HUNDRED
   48  TWO-A  OF  THIS  CHAPTER  AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
   49  STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS,  HOW  TO  NAVIGATE  AN
   50  INTERSECTION  WITH  PEDESTRIANS  AND CYCLISTS, EXITING A VEHICLE WITHOUT
   51  ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
   52  CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN  ON  THE
   53  ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
   54    (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
   55  WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
   56  TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
       S. 1452                             3
    1    (d) The commissioner shall make available for distribution upon regis-
    2  tration at each location where the pre-licensing course will  be  given,
    3  instructional  handbooks  outlining the content of the entire curriculum
    4  of the pre-licensing course including the  information  required  to  be
    5  included  in  the  course pursuant to paragraphs (c), (c-1) [and], (c-2)
    6  AND (C-3) of this subdivision. The commissioner shall also  provide  for
    7  the  additional  training of the instructors necessary for the competent
    8  instruction of the alcohol and drug education [and], "Road Rage"  aware-
    9  ness  [and],  "Work  Zone  Safety" awareness AND "BICYCLE AND PEDESTRIAN
   10  SAFETY" subject matters of the pre-licensing course.
   11    S 2. This act shall take effect on the ninetieth day  after  it  shall
   12  have become a law.
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