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S02960 Summary:

S02960 Actions:

S02960 Committee Votes:

S02960 Floor Votes:

S02960 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2960--B
            Cal. No. 407
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  Sens. KAPLAN, KENNEDY -- 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 -- repassed 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  adding  a
          "School  Bus Safety" awareness component to the pre-licensing driver's
          education course
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (i) of paragraph (a) and paragraphs (b) and
     2  (d) of subdivision 4 of section 502 of the vehicle and traffic  law,  as
     3  amended  by chapter 355 of the laws of 2017, are amended and a new para-
     4  graph (c-4) is added to read as follows:
     5    (i) Upon submission of an application  for  a  driver's  license,  the
     6  applicant  shall be required to take and pass a test, or submit evidence
     7  of passage of a test, with respect to the laws relating to traffic,  the
     8  laws  relating to driving while ability is impaired and while intoxicat-
     9  ed, under the overpowering influence of "Road Rage", "Work Zone  Safety"
    10  awareness  and  "Motorcycle  Safety" awareness as defined by the commis-
    11  sioner, "School Bus Safety" awareness, the law  relating  to  exercising
    12  due  care  to avoid colliding with a parked, stopped or standing author-
    13  ized emergency vehicle or hazard  vehicle  pursuant  to  section  eleven
    14  hundred forty-four-a of this chapter, the ability to read and comprehend
    15  traffic signs and symbols and such other matters as the commissioner may
    16  prescribe,  and  to  satisfactorily  complete a course prescribed by the
    17  commissioner of not less than four hours and not more than  five  hours,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04788-07-9
        S. 2960--B                          2
 
     1  consisting  of  classroom driver training and highway safety instruction
     2  or the equivalent thereof. Such test shall include at least seven  writ-
     3  ten  questions concerning the effects of consumption of alcohol or drugs
     4  on  the ability of a person to operate a motor vehicle and the legal and
     5  financial consequences  resulting  from  violations  of  section  eleven
     6  hundred ninety-two of this chapter, prohibiting the operation of a motor
     7  vehicle  while  under the influence of alcohol or drugs. Such test shall
     8  include one or more written questions concerning the devastating effects
     9  of "Road Rage" on the ability of a person to operate a motor vehicle and
    10  the legal and financial consequences resulting from assaulting,  threat-
    11  ening  or  interfering with the lawful conduct of another person legally
    12  using the roadway.  Such  test  shall  include  one  or  more  questions
    13  concerning the potential dangers to persons and equipment resulting from
    14  the  unsafe  operation  of a motor vehicle in a work zone. Such test may
    15  include one or more questions concerning motorcycle  safety.  Such  test
    16  may  include one or more questions concerning the law for exercising due
    17  care to avoid colliding with  a  parked,  stopped  or  standing  vehicle
    18  pursuant  to  section eleven hundred forty-four-a of this chapter.  Such
    19  test may include one or more questions  concerning  school  bus  safety.
    20  Such  test  shall  be administered by the commissioner. The commissioner
    21  shall cause the applicant to take a vision test and  a  test  for  color
    22  blindness.  Upon  passage  of  the  vision  test, the application may be
    23  accepted and the application fee shall be payable.
    24    (b) Upon successful completion of the requirements set forth in  para-
    25  graph  (a)  of  this subdivision which shall include an alcohol and drug
    26  education component as described in paragraph (c) of this subdivision, a
    27  "Road Rage" awareness component as described in paragraph (c-1) of  this
    28  subdivision and a "Work Zone Safety" awareness component as described in
    29  paragraph  (c-2) of this subdivision, [and] a "Motorcycle Safety" aware-
    30  ness component as described in paragraph (c-3) of this subdivision,  and
    31  a  "School  Bus  Safety"  awareness  component as described in paragraph
    32  (c-4) of this subdivision the commissioner shall cause the applicant  to
    33  take a road test in a representative vehicle of a type prescribed by the
    34  commissioner which shall be appropriate to the type of license for which
    35  application  is  made,  except  that the commissioner may waive the road
    36  test requirements for certain classes of  applicants.  The  commissioner
    37  shall  have the power to establish a program to allow persons other than
    38  employees of the department to  conduct  road  tests  in  representative
    39  vehicles  when  such tests are required for applicants to obtain a class
    40  A, B or C license. If she chooses to do so,  she  shall  set  forth  her
    41  reasons in writing and conduct a public hearing on the matter. She shall
    42  only establish such a program after holding the public hearing.
    43    (c-4)  "School  Bus  Safety" awareness component. (i) The commissioner
    44  shall provide in the pre-licensing course, set forth in paragraph (b) of
    45  this subdivision, a mandatory component in "School Bus Safety" awareness
    46  education as a prerequisite for obtaining a license to operate  a  motor
    47  vehicle.  The  purpose of the component is to educate prospective licen-
    48  sees on the dangers of passing a school  bus  in  violation  of  section
    49  eleven  hundred  seventy-four  of  this chapter, to reduce the number of
    50  such incidents, and to promote school bus safety.
    51    (ii) The commissioner shall establish a curriculum for the "School Bus
    52  Safety" awareness component which shall include, but shall not be limit-
    53  ed to, an overview of traffic  laws  governing  overtaking  and  passing
    54  school buses, including but not limited to section eleven hundred seven-
    55  ty-one and section eleven hundred seventy-four of this chapter.
        S. 2960--B                          3
 
     1    (iii)  In  developing  such curriculum, the commissioner shall consult
     2  with the commissioner of transportation.
     3    (d) The commissioner shall make available for distribution upon regis-
     4  tration  at  each location where the pre-licensing course will be given,
     5  instructional handbooks outlining the content of the  entire  curriculum
     6  of  the  pre-licensing  course  including the information required to be
     7  included in the course pursuant to paragraphs (c), (c-1),  (c-2)  [and],
     8  (c-3) and (c-4) of this subdivision. The commissioner shall also provide
     9  for  the additional training of the instructors necessary for the compe-
    10  tent instruction of the alcohol and drug education, "Road  Rage"  aware-
    11  ness,  "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness
    12  and "School Bus Safety" awareness subject matters of  the  pre-licensing
    13  course.
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it  shall have become a law. Effective immediately, the addition, amend-
    16  ment and/or repeal of any rule or regulation necessary for the implemen-
    17  tation of this act on its effective date are authorized to be  made  and
    18  completed on or before such effective date.