STATE OF NEW YORK
________________________________________________________________________
2119--A
Cal. No. 696
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
___________
Introduced by Sens. RITCHIE, FUNKE, MARCHIONE, PHILLIPS -- read twice
and ordered printed, and when printed to be committed to the Committee
on Transportation -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, passed by
Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07622-04-7
S. 2119--A 2
1 commissioner, the law relating to exercising due care to avoid colliding
2 with a parked, stopped or standing authorized emergency vehicle or
3 hazard vehicle pursuant to section eleven hundred forty-four-a of this
4 chapter, the ability to read and comprehend traffic signs and symbols
5 and such other matters as the commissioner may prescribe, and to satis-
6 factorily complete a course prescribed by the commissioner of not less
7 than four hours and not more than five hours, consisting of classroom
8 driver training and highway safety instruction or the equivalent there-
9 of. Such test shall include at least seven written questions concerning
10 the effects of consumption of alcohol or drugs on the ability of a
11 person to operate a motor vehicle and the legal and financial conse-
12 quences resulting from violations of section eleven hundred ninety-two
13 of this chapter, prohibiting the operation of a motor vehicle while
14 under the influence of alcohol or drugs. Such test shall include one or
15 more written questions concerning the devastating effects of "Road Rage"
16 on the ability of a person to operate a motor vehicle and the legal and
17 financial consequences resulting from assaulting, threatening or inter-
18 fering with the lawful conduct of another person legally using the road-
19 way. Such test shall include one or more questions concerning the poten-
20 tial dangers to persons and equipment resulting from the unsafe
21 operation of a motor vehicle in a work zone. Such test may include one
22 or more questions concerning motorcycle safety. Such test may include
23 one or more questions concerning the law for exercising due care to
24 avoid colliding with a parked, stopped or standing vehicle pursuant to
25 section eleven hundred forty-four-a of this chapter. Such test shall be
26 administered by the commissioner. The commissioner shall cause the
27 applicant to take a vision test and a test for color blindness. Upon
28 passage of the vision test, the application may be accepted and the
29 application fee shall be payable.
30 (b) Upon successful completion of the requirements set forth in para-
31 graph (a) of this subdivision which shall include an alcohol and drug
32 education component as described in paragraph (c) of this subdivision, a
33 "Road Rage" awareness component as described in paragraph (c-1) of this
34 subdivision and a "Work Zone Safety" awareness component as described in
35 paragraph (c-2) of this subdivision, and a "Motorcycle Safety" awareness
36 component as described in paragraph (c-3) of this subdivision the
37 commissioner shall cause the applicant to take a road test in a repre-
38 sentative vehicle of a type prescribed by the commissioner which shall
39 be appropriate to the type of license for which application is made,
40 except that the commissioner may waive the road test requirements for
41 certain classes of applicants. The commissioner shall have the power to
42 establish a program to allow persons other than employees of the depart-
43 ment to conduct road tests in representative vehicles when such tests
44 are required for applicants to obtain a class A, B or C license. If she
45 chooses to do so, she shall set forth her reasons in writing and conduct
46 a public hearing on the matter. She shall only establish such a program
47 after holding the public hearing.
48 (d) The commissioner shall make available for distribution upon regis-
49 tration at each location where the pre-licensing course will be given,
50 instructional handbooks outlining the content of the entire curriculum
51 of the pre-licensing course including the information required to be
52 included in the course pursuant to paragraphs (c), (c-1) [and], (c-2)
53 and (c-3) of this subdivision. The commissioner shall also provide for
54 the additional training of the instructors necessary for the competent
55 instruction of the alcohol and drug education [and], "Road Rage" aware-
S. 2119--A 3
1 ness [and], "Work Zone Safety" awareness and "Motorcycle Safety" aware-
2 ness subject matters of the pre-licensing course.
3 § 3. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law provided that, effective immediately, the
5 commissioner of motor vehicles is authorized to promulgate such rules
6 and regulations as he or she deems necessary to effectuate the
7 provisions of this act on such date.
