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A02678 Summary:

A02678 Actions:

A02678 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2678A
 
SPONSOR: Skartados

 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring drivers between sixteen and twenty-five years of
age to take and pass the national safety council course, or a similar
nationally approved course approved by the department of motor vehicles
in order to obtain a license or upon conviction of a moving violation
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This law will require as a prerequisite to receiving a license, a driver
under the age of 25 take either the National Safety Council "Alive at
25" course, or a similar course recognized by the Motor Vehicle Bureau
that teaches safe behavior and driver attitude. In addition, any driver
under 25 who has not, previously taken the course will be required to do
so if they receive a moving violation.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Amend NY Vehicle and Traffic Law by the insertion of the following: An
applicant for a Class A license who is at least 16, but not more than 25
years of age; shall be required to take and pass the national safety
council course, or a similar nationally-approved course approved by the
Motor Vehicle Department, relating to young driver's attitudes-and
behaviors behind the wheel. The course must be not less than four hours
or more than five hours, consisting of classroom instruction relating to
the effects of driver inexperience peer pressure and distractions such
as cell phones and texting; why young drivers have such high crash and
violation rates and how driving behaviors, and attitudes contribute;
hazard recognition; adopting safe driving behaviors and practices, and
responsibilities of passengers.
 
Any licensed driver at least 16 years of age but not more than 25 years
of age, who is convicted of a moving violation shall be required to Lake
or retake and pass the same course.
 
 
JUSTIFICATION:
 
The justification of this law is based on the overwhelming evidence of
death, injury and damage caused by the destructive driving habits of
young drivers; and the proven benefits those driving programs which
modify attitude and behavior will have to reduce accidents and save
lives.
 
New York State Department of Motor Vehicles Summary of Speed-Related
Motor Vehicle Crashes in 2012 indicates that 22.6% of all crashes due to
excess speed are committed by male drivers between the ages of 18-24.
Both male and female drivers in that age category represent the greatest
number of drivers who speed and crash. The tragic result of speeding
committed by drivers 18-25 years of age caused 92 crashes with fatali-
ties, 2545 crashes with personal injuries and 3310 crashes with claims
of property damage.
 
In New York State drivers in high school must take a driver education
program or pre-licensing courses that teaches state law and the mechan-
ics of car and road handling. Research by the National Safety 'Council
(NSC) "shows that young drivers do have knowledge of driving methods and
traffic laws; however, because of their inexperience and casual atti-
tudes towards driving, they often use poor judgment and/or make poor
driving choices when they are behind the wheel."
 
The NSC course "Alive at 25" is a complement to standard driver educa-
tion programs. "Alive at 25" focuses on driver behavior, judgment, deci-
sion making and consequences, and provides tools for making positive
choices. The program's focus is to persuade attendees to take responsi-
bility for their behavior in driving situations and to adopt safe driv-
ing practices. It is taught in 26 states (including New York) often as a
state mandate-after a serious traffic violation has occurred.
 
Behavioral and attitude driving courses are effective. Since 1995, more
than 850,000 young drivers have learned life saving defensive driving
skills from Alive at 25 training. Since South Carolina's Alive at 25
program kicked off in 2007, the state's death toll among drivers 15-24
has dropped by 37%. In 2003, the Colorado State Patrol evaluations
showed Alive at 25 graduates have a fatality rate of over 70% below the
national average. In addition, the under age 20 fatal rate in Colorado
dropped by 50% in 2005.
 
The evidence that we need to teach positive driving habits and attitudes
before accidents take place and before remedial action is rewired is as
follows: According to the NSC "Every year, drivers under the age of 25
are involved in more than six million collisions resulting in 14,000
fatalities. Traffic crashes are the leading cause of death for young
drivers (National Safety Council, Injury Facts).  In New York State,
drivers under the age of 25 were involved in more than 90,000 collisions
resulting in more than 315 fatal crashes including all persons."
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.9063 - 03/12/14 referred to transportation.
A.426 - 01/06/16 referred to transportation.
 
 
FISCAL IMPLICATIONS:
 
The Department of Motor Vehicles will establish a fee to include all
costs required Co process information related to this law. The process-
ing fee will be included in the driver's course application fee.
 
 
EFFECTIVE DATE:
The first of January next succeeding the date upon which it shall have
become a law.

A02678 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2678--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  SKARTADOS  --  read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          drivers between sixteen and twenty-five years of age to take and  pass
          the  national  safety council course, or a similar nationally approved
          course approved by the department of motor vehicles in order to obtain
          a license or upon conviction of a moving violation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 502 of the vehicle and traffic law
     2  is amended by adding a new paragraph (c-1) to read as follows:
     3    (c-1) (i) As a prerequisite to receiving a license, an applicant for a
     4  class  D  license  who is at least sixteen but not more than twenty-five
     5  years of age shall be required to take  and  pass  the  national  safety
     6  council  course,  or  a  similar nationally recognized psychology-based,
     7  behavioral course approved by the department, relating to young driver's
     8  attitudes and behaviors behind the wheel.
     9    (ii) A driving safety course designed for drivers younger  than  twen-
    10  ty-five years of age must:
    11    (A)  be  a  four  hour classroom-based course that utilizes compelling
    12  videos, peer discussions, highly interactive team exercises, role  play-
    13  ing and workbook exercises specific to young drivers;
    14    (B) include instruction on:
    15    (1)  the definition of "preventable collision" and the characteristics
    16  of a preventable collision;
    17    (2) the traffic laws of this state;
    18    (3) issues commonly associated with motor vehicle accidents  involving
    19  drivers  younger  than  twenty-five  years  of age, including the conse-
    20  quences of making poor decisions, taking unnecessary risks,  identifying
    21  behavior  that can be controlled, risks associated with specific driving
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01649-04-7
        A. 2678--A                          2
 
     1  choices and behaviors, driving without seat belts, speed  kills,  risks,
     2  challenges  and  techniques associated with navigating intersections and
     3  right-of-way situations, following too closely, aggressive  driving  and
     4  road rage;
     5    (4) manual, visual, and cognitive distractions relative to cell phones
     6  and  hands free devices, use of in-vehicle infotainment systems, adjust-
     7  ment of controls, use of gps and road maps and multi-tasking while driv-
     8  ing a vehicle and the role of peer pressure in those situations;
     9    (5) impaired driving related to fatigue;
    10    (6) impaired driving related to drugs and alcohol;
    11    (7) techniques for identification of potential hazards on the road and
    12  consequences of unsafe driving behaviors;
    13    (8) the effect of poor driver decision-making on the family,  friends,
    14  school, and community of a young driver; and
    15    (9)  the importance of taking control of potentially dangerous driving
    16  situations both as a driver and as a passenger; and
    17    (C) require a written commitment plan by the  student  to  family  and
    18  friends  whereby the student commits to appropriate and respectful driv-
    19  ing behaviors.
    20    (iii) Any driver at least eighteen but not more than twenty-five years
    21  of age who is convicted of one  or  multiple  moving  violations  for  a
    22  single  traffic  stop  shall  be  required  to take an eight-hour course
    23  approved by the department.
    24    (A) the course curriculum must be an eight hour classroom-based course
    25  and must include instruction regarding:
    26    (1) proven psychological principles that lead to effective  behavioral
    27  change  such  as Dr. William Glasser's "choice theory", as it relates to
    28  behind-the-wheel driving behavior;
    29    (2) why drivers do or do not choose to  obey  traffic  laws  with  the
    30  primary focus on behaviors rather than excuses; and
    31    (3) additional problem driver behaviors including, but not limited to:
    32  hazards associated with prescriptive and over-the-counter drugs, includ-
    33  ing  synergism;  impacts  of  driving  with  excessive speed; impacts of
    34  right-of-way violations; dangers of distracted driving;  proper  passing
    35  and  following  distances;  aggressive  driving  behaviors and the human
    36  ability to choose behavior.
    37    (B) The course shall:
    38    (1) encourage the problem driver to explore and understand his or  her
    39  own attitudes in various driving situations; and
    40    (2)  teach the problem driver that poor behavioral choices made behind
    41  the wheel often result in unintended consequences, including motor vehi-
    42  cle violations, or accidents, and that the driver shall  appreciate  the
    43  responsibility  placed  upon  each  driver to conform his or her driving
    44  conduct for the benefit of other motorists, pedestrians and themselves.
    45    (C) The training shall be  highly  interactive,  classroom-based,  and
    46  engaging, taking advantage of various forms of media.
    47    §  2. The commissioner of the department of motor vehicles will estab-
    48  lish an application fee  for  the  driver  safety  course  described  in
    49  section  one  of this act, as he or she deems appropriate. The fee shall
    50  be paid by applicants for a class D license who are  under  the  age  of
    51  twenty-five.    All revenues generated by such fees shall be expended to
    52  cover the costs of implementing the driver's safety course  program  and
    53  the processing of any information necessary to implementing the program.
    54    §  3. This act shall take effect on the first of January next succeed-
    55  ing the date upon which it shall have become a law.