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A07486 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7486--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 27, 2017
                                       ___________
 
        Introduced by M. of A. CRESPO -- 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 requirements
          for licensing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 502 of the vehicle and traffic law
     2  is amended by adding a new paragraph (c-3) to read as follows:
     3    (c-3)  "Motorcycle Safety" awareness component. The commissioner shall
     4  provide in the pre-licensing course, set forth in paragraph (b) of  this
     5  subdivision,  a  mandatory  component  in  "Motorcycle Safety" awareness
     6  education as a prerequisite for obtaining a license to operate  a  motor
     7  vehicle.  The  purpose of the component is to educate prospective licen-
     8  sees on the potential dangers to persons operating  motorcycles  on  the
     9  roadway.
    10    §  2. Subparagraph (i) of paragraph (a), and paragraphs (b) and (d) of
    11  subdivision 4 of section 502 of the vehicle and  traffic  law,  subpara-
    12  graph (i) of paragraph (a) as amended by chapter 97 of the laws of 2016,
    13  paragraphs  (b)  and  (d) as amended by chapter 585 of the laws of 2002,
    14  are amended to read as follows:
    15    (i) Upon submission of an application  for  a  driver's  license,  the
    16  applicant  shall be required to take and pass a test, or submit evidence
    17  of passage of a test, with respect to the laws relating to traffic,  the
    18  laws  relating to driving while ability is impaired and while intoxicat-
    19  ed, under the overpowering influence of "Road  Rage",  [or]  "Work  Zone
    20  Safety"  awareness  and  "Motorcycle Safety" awareness as defined by the
    21  commissioner, the law relating to exercising due care to avoid colliding
    22  with a parked, stopped  or  standing  authorized  emergency  vehicle  or
    23  hazard  vehicle  pursuant to section eleven hundred forty-four-a of this
    24  chapter, the ability to read and comprehend traffic  signs  and  symbols
    25  and  such other matters as the commissioner may prescribe, and to satis-
    26  factorily complete a course prescribed by the commissioner of  not  less
    27  than  four  hours  and not more than five hours, consisting of classroom
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07622-03-7

        A. 7486--A                          2
 
     1  driver training and highway safety instruction or the equivalent  there-
     2  of.  Such test shall include at least seven written questions concerning
     3  the  effects  of  consumption  of  alcohol  or drugs on the ability of a
     4  person  to  operate  a  motor vehicle and the legal and financial conse-
     5  quences resulting from violations of section eleven  hundred  ninety-two
     6  of  this  chapter,  prohibiting  the  operation of a motor vehicle while
     7  under the influence of alcohol or drugs. Such test shall include one  or
     8  more written questions concerning the devastating effects of "Road Rage"
     9  on  the ability of a person to operate a motor vehicle and the legal and
    10  financial consequences resulting from assaulting, threatening or  inter-
    11  fering with the lawful conduct of another person legally using the road-
    12  way. Such test shall include one or more questions concerning the poten-
    13  tial  dangers  to  persons  and  equipment  resulting  from  the  unsafe
    14  operation of a motor vehicle in a work zone. Such test may  include  one
    15  or  more  questions  concerning motorcycle safety. Such test may include
    16  one or more questions concerning the law  for  exercising  due  care  to
    17  avoid  colliding  with a parked, stopped or standing vehicle pursuant to
    18  section eleven hundred forty-four-a of this chapter. Such test shall  be
    19  administered  by  the  commissioner.  The  commissioner  shall cause the
    20  applicant to take a vision test and a test  for  color  blindness.  Upon
    21  passage  of  the  vision  test,  the application may be accepted and the
    22  application fee shall be payable.
    23    (b) Upon successful completion of the requirements set forth in  para-
    24  graph  (a)  of  this subdivision which shall include an alcohol and drug
    25  education component as described in paragraph (c) of this subdivision, a
    26  "Road Rage" awareness component as described in paragraph (c-1) of  this
    27  subdivision and a "Work Zone Safety" awareness component as described in
    28  paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
    29  component  as  described  in  paragraph  (c-3)  of  this subdivision the
    30  commissioner shall cause the applicant to take a road test in  a  repre-
    31  sentative  vehicle  of a type prescribed by the commissioner which shall
    32  be appropriate to the type of license for  which  application  is  made,
    33  except  that  the  commissioner may waive the road test requirements for
    34  certain classes of applicants. The commissioner shall have the power  to
    35  establish a program to allow persons other than employees of the depart-
    36  ment  to  conduct  road tests in representative vehicles when such tests
    37  are required for applicants to obtain a class A, B or C license.  If she
    38  chooses to do so, she shall set forth her reasons in writing and conduct
    39  a public hearing on the matter. She shall only establish such a  program
    40  after holding the public hearing.
    41    (d) The commissioner shall make available for distribution upon regis-
    42  tration  at  each location where the pre-licensing course will be given,
    43  instructional handbooks outlining the content of the  entire  curriculum
    44  of  the  pre-licensing  course  including the information required to be
    45  included in the course pursuant to paragraphs (c),  (c-1)  [and],  (c-2)
    46  and  (c-3)  of this subdivision. The commissioner shall also provide for
    47  the additional training of the instructors necessary for  the  competent
    48  instruction  of the alcohol and drug education [and], "Road Rage" aware-
    49  ness [and], "Work Zone Safety" awareness and "Motorcycle Safety"  aware-
    50  ness subject matters of the pre-licensing course.
    51    § 3. This act shall take effect on the one hundred eightieth day after
    52  it  shall  have  become  a law provided that, effective immediately, the
    53  commissioner of motor vehicles is authorized to  promulgate  such  rules
    54  and  regulations  as  he  or  she  deems  necessary  to  effectuate  the
    55  provisions of this act on such date.
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