Requires the commissioner of motor vehicles to develop and issue a guide booklet to help pedestrians and motorists better understand their responsibilities with respect to pedestrian safety; provides that such guide booklet shall be designated "Pedestrian Rights and Motorist's Responsibilities"; provides that such guide booklet shall describe in plain language those provisions of law which, in the opinion of such commissioner, most concern the promotion of the safety of pedestrians, their rights and the responsibilities of motorists toward them; requires that insurer's that write automobile liability insurance policies in this state, include with the issuance of insurance policies and renewals, a copy of such commissioner's guide booklet.
STATE OF NEW YORK
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4386
2011-2012 Regular Sessions
IN ASSEMBLY
February 3, 2011
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Introduced by M. of A. BRENNAN, ABBATE -- Multi-Sponsored by -- M. of A.
COLTON, GABRYSZAK, PHEFFER, ROSENTHAL, SWEENEY -- 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 creation and issuance by the commissioner of motor vehi-
cles of a guide booklet describing rights of pedestrians and responsi-
bilities of motorists to them respecting the rules of the road, for
inclusion by insurers with automobile liability insurance policies and
annually upon renewals sent to insured owners of motor vehicles prin-
cipally garaged or principally used in this state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1101 of the vehicle and traffic law is amended to
2 read as follows:
3 § 1101. Required obedience to traffic laws. (a) It is unlawful and,
4 unless otherwise declared in this title with respect to particular
5 offenses, it is a traffic infraction for any person to do any act
6 forbidden or fail to perform any act required in any other section of
7 this title.
8 (b) The commissioner shall develop and issue a guide booklet to help
9 pedestrians and motorists better understand their responsibilities to
10 promote pedestrian safety. The guide booklet shall be designated "Pedes-
11 trian Rights and Motorist's Responsibilities" and shall describe in
12 plain language and highlight and, where appropriate, excerpt, those
13 provisions of this title of this chapter ("rules of the road") which, in
14 the opinion of the commissioner, most concern promotion of the safety of
15 pedestrians, their rights and the responsibilities of motorists toward
16 them.
17 § 2. Paragraph (a) of subdivision 4 of section 311 of the vehicle and
18 traffic law, as amended by chapter 305 of the laws of 1995, is amended
19 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00971-01-1
A. 4386 2
1 (a) Affording coverage as defined in the minimum provisions prescribed
2 in a regulation which shall be promulgated by the superintendent at
3 least ninety days prior to effective date of this act. The superinten-
4 dent before promulgating such regulations or any amendment thereof,
5 shall consult with all insurers licensed to write automobile liability
6 insurance in this state and shall not prescribe minimum provisions which
7 fail to reflect the provisions of automobile liability insurance poli-
8 cies, other than motor vehicle liability policies as defined in section
9 three hundred forty-five of this [chapter] title, issued within this
10 state at the date of such regulation or amendment thereof. Nothing
11 contained in such regulation or in this article shall prohibit any
12 insurer from affording coverage under an owner's policy of liability
13 insurance more liberal than that required by said minimum provisions.
14 Every such owner's policy of liability insurance shall provide insurance
15 subject to said regulation against loss from the liability imposed by
16 law for damages, including damages for care and loss of services,
17 because of bodily injury to or death of any person and injury to or
18 destruction of property arising out of the ownership, maintenance, use,
19 or operation of a specific motor vehicle or motor vehicles within the
20 state of New York, or elsewhere in the United States in North America or
21 the Dominion of Canada, subject to a limit, exclusive of interest and
22 costs, with respect to each such motor vehicle except a tow truck, of
23 twenty-five thousand dollars because of bodily injuries to and fifty
24 thousand dollars because of death of one person in any one accident and,
25 subject to said limit for one person, to a limit of fifty thousand
26 dollars because of bodily injury to and one hundred thousand dollars
27 because of death of two or more persons in any one accident, and to a
28 limit of ten thousand dollars because of injury to or destruction of
29 property of others in any one accident provided, however, that such
30 policy need not be for a period coterminous with the registration period
31 of the vehicle insured. The limit, exclusive of interest and costs, with
32 respect to a tow truck shall be a combined single limit of at least
33 three hundred thousand dollars because of bodily injury or death to one
34 or more persons or because of injury or destruction of property of
35 others in any one accident, and to a limit of twenty-five thousand
36 dollars because of damage to a vehicle in the care, custody and control
37 of the insured. Any insurer authorized to issue an owner's policy of
38 liability insurance as provided for in this article may, pending the
39 issue of such a policy, make an agreement, to be known as a binder, or
40 may, in lieu of such a policy, issue a renewal endorsement or evidence
41 of renewal of an existing policy; each of which shall be construed to
42 provide indemnity or protection in like manner and to the same extent as
43 such a policy. The provisions of this article shall apply to such bind-
44 ers, renewal endorsements or evidences of renewal. Every such policy
45 issued insuring private passenger vehicles and every renewal policy,
46 renewal endorsement, or other evidence of renewal issued shall have
47 attached thereto a rating information form which clearly specifies and
48 defines the rating classification assigned thereto, including any appli-
49 cable merit rating plan and shall have enclosed therewith, at least
50 annually, a copy of the commissioner's guide booklet entitled "Pedestri-
51 an Rights and Motorist's Responsibilities" referred to in section eleven
52 hundred one of this chapter; and
53 § 3. Subsection (f) of section 3420 of the insurance law is amended by
54 adding a new paragraph 2-a to read as follows:
55 (2-a) Multiple copies of the guide booklet entitled "Pedestrian Rights
56 and Motorist's Responsibilities" as developed and issued by the commis-
A. 4386 3
1 sioner of motor vehicles shall be reproduced by authorized insurers
2 which issue or deliver in this state policies insuring owners of motor
3 vehicles against loss resulting from liability imposed by law for bodily
4 injury or death suffered by any natural person arising out of the owner-
5 ship, maintenance and use of a motor vehicle principally garaged or
6 principally used in this state, in sufficient quantities to permit
7 distribution by such insurers of one copy of such guide booklet once per
8 year to every such insured. Such copy shall be included by such insurer
9 with the original issuance of such policy, and at least annually there-
10 after with the renewal of such policy, sent by mail or otherwise deliv-
11 ered to every insured owner of such a motor vehicle.
12 § 4. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law, provided, however, that effective immediate-
14 ly, the addition, amendment and/or repeal of any rules or regulations by
15 the commissioner of motor vehicles and superintendent of insurance, and
16 the development and issuance of the guide booklet by the commissioner of
17 motor vehicles, necessary for the implementation of the foregoing
18 sections of this act on the effective date of this act are authorized
19 and directed to be made and completed on or before such effective date.
