The New York State Assembly passed an 11-bill highway safety package today aimed at cracking down on drunk drivers and improving the safety of teenage drivers and child passengers on New York State roadways.

"This comprehensive package targets drunk drivers, introduces a graduated licensing system for our state's young drivers and seeks to make young children safer as they ride in automobiles," said Assembly Speaker Sheldon Silver (D-Manhattan).

"These bills will make our roads safer for everyone by removing from the road those whose actions endanger innocent lives and by providing enhanced safety measures for our children," said Assemblyman David Gantt (D-Rochester), chair of the Assembly Transportation Committee.

In announcing the legislative action, Silver noted the Assembly measures include the .08 bill (A.8429-Gantt) and renewed his call for the Senate to pass similar legislation lowering the state's "Driving While Intoxicated" (DWI) blood alcohol concentration (BAC) level from .10 percent to .08 percent.

Silver also noted that the governor, in his annual address to the Legislature, called for passage of the .08 bill.

Under provisions of the bill, which passed the Assembly unanimously, persons operating a motor vehicle would be subject to a drunk driving charge if they showed a BAC level of .08 or higher. The National Highway Traffic Safety Administration estimated that this tougher standard would reduce alcohol-related fatalities by eight percent.

Silver explained that although federal law gives states until October, 2003, to enact .08 legislation before being penalized for non-compliance, New York is currently losing federal incentive money. It is estimated that last year alone, Senate inaction cost the state more than $3 million in federal highway safety funding. Failure to enact .08 legislation this year would result in the loss of even more money, Silver said.

Because drivers of commercial vehicles can pose a greater danger on the state's roads and highways due to the types and sizes of the vehicles and the possibility that they are carrying passengers, the Assembly also passed legislation (A.8424-Gantt) to tighten standards for operating a commercial motor vehicle while impaired.

Keeping Repeat DWI Offenders Off Our Roads

A key component of the Assembly's highway safety package would crack down on repeat alcohol-related offenders by instituting additional penalties.

Under this bill (A.8775-Gantt) individuals convicted of more than one DWI offense in a given period would face additional jail time. In addition, these persons would be required to have an ignition interlock device installed in their automobiles that would prevent them from being able to operate the vehicle if alcohol impaired.

"Unlike the Senate version, this bill is more proactive in ensuring that repeat offenders would be physically unable to move their automobiles thereby reducing the threat they pose to the public at-large," said Gantt, the bill's sponsor.

In an effort to combat DWI incidents through prevention, the Assembly package also includes legislation requiring certain individuals charged with driving under the influence of alcohol or drugs to submit to dependency screening and treatment. The bill (A.8430-Gantt) calls for violators to undergo mandatory assessment and treatment.

"In addition to punishing repeat drunk driving offenders we must also work to prevent DWIs by requiring that these individuals receive the treatment they need. By mandating screening and treatment we seek to keep intoxicated drivers out of the drivers seat and ensure that tragedy is prevented," said Assemblyman Sam Hoyt (D-Buffalo), chair of the Assembly Alcoholism and Drug Abuse Committee.

Instituting Graduated Licenses for Teen Drivers

In order to improve the safety of our roads and the driving skills of our young drivers, the Assembly package also includes legislation (A.3513A-Glick) that would make full drivers' licensing privileges for those under 18 contingent on a period of demonstrated safe driving. Under the bill:

• permit holders would have to have 30 hours of supervised driving prior to a road test;
• permit holders would not be able to "graduate" to a junior license for at least six months;
• new drivers would have to be violation free for one year;
• seatbelts would be required for all car occupants where the driver is under 18; and
• all licensed drivers supervising permit holders would have to be at least 21-years-old.

"Thirty hours of supervised driving experience is a small price to pay for the safety of all young drivers around the state. Many accidents and fatalities can be prevented with this common sense approach to gaining a first drivers license," said Assemblymember Deborah Glick (D-Manhattan), sponsor of the bill.

Glick noted that drivers between the ages of 16 and 19 are four times more likely to be involved in an automobile crash than all other age groups combined and that crash deaths represent the largest health problem among teens - accounting for 34 percent of all deaths in this age group in 1992.

Improving Child Passenger Safety

Over the past decades, New York State has made great strides in improving the safety of children in motor vehicles, however the Assembly Majority has concluded that much more needs to be done. The National Traffic Safety Board reports that highway deaths are the number one killer of children in our nation. Between 1990 and 1999 more than 16,500 children nationwide under the age of 10, died in motor vehicle crashes - that translates to 33 children a week.

The automobile safety of young children is greatly improved when they are properly restrained in equipment appropriate for their age and size. That is why the Assembly package also includes five child passenger safety bills.

The first of these bills (A.1262A-McEneny) would prohibit the operation of a motor vehicle unless all children under the age of seven are restrained in a child restraint system appropriate for their size and weight - such as a booster seat.

"Even the most safety-conscious parents are often not aware of the need for booster seats or the danger their children face when improperly restrained in an adult seat belt. On a small child, the adult lap belt rides up over the stomach and the shoulder belt cuts across the neck. In a crash, this could cause serious or even fatal injuries," said Assemblyman Jack McEneny (D-Albany). "Booster seats have been proven to save lives and I urge the Senate to act on this critical bill."

Another important child safety measure (A.4106-Grannis) passed today would require all children under the age of seven to be seated in an automobile's back seat.

"Experts agree the safest place for a young child to ride is in the rear seat and in an appropriate child safety seat," said Assemblymember Pete Grannis (D-Manhattan). "Many children have been hurt in minor fender benders by rapidly deploying passenger side air bags. Children are safest when in the rear seat, even if the vehicle is equipped with the most sophisticated air bag system."

Grannis noted that research by the Insurance Institute for Highway Safety in June, 1999 found that putting a child in the back seat can reduce the risk of death by 35 percent in cars without air bags and by 53 percent in cars with air bags.

In addition, the Assembly passed legislation requiring the Governor's Traffic Safety Committee to develop and implement a public education and outreach program to focus attention on child passenger safety. Under the bill (A.4202-Towns), the proper use of child restraint systems and the potential dangers of air bags would be highlighted.

"A 1996 NTSB study regarding the proper use of child restraint systems found that in 62 percent of the cases, the restraint was either improperly secured in the vehicle or the child was improperly secured in the restraint. Clearly, additional education is required to ensure that children are safe. After all, child safety seats are only as safe as their proper installation and use," said Assemblyman Darryl Towns (D-Brooklyn).

Because proper car seat use is so important in keeping children safe, the Assembly also passed legislation (A.4111-Pheffer) that would provide consumers with information regarding child safety seats and their proper use for maximum safety.

"Not all child safety seats can be used effectively in all makes and models of cars," said Assemblywoman Audrey Pheffer (D-Queens). "Consumers don't realize that compatibility problems exist in the design of child restraints that can make secure installation of child safety seats in some vehicles difficult, and occasionally, impossible. This bill will address these problems and lead to improved overall child safety."

Another safety measure would prohibit children from riding in the cargo area of a truck being driven on a public highway. The bill (A.3512B-Gantt) seeks to address the fact that every year more than 200 people die as a result of riding in truck cargo areas, and more than half of those killed are children or teenagers.

Also included in the Assembly safety package is legislation authorizing parents to restrain children under the age of four in a child restraint system appropriate for their size and weight. Current law requires the use of child safety seats only, which are only rated up to 40 pounds. This bill (A.3511A-Gantt) would allow children under four-years-of-age but weighing more that 40 pounds to be placed in a booster seat for safety.

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