STATE OF NEW YORK
________________________________________________________________________
4799--A
2017-2018 Regular Sessions
IN SENATE
March 1, 2017
___________
Introduced by Sens. GOLDEN, KENNEDY, O'MARA -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation -- recommitted to the Committee on Transportation in accord-
ance with Senate Rule 6, sec. 8 -- 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 adding a
bicycle and pedestrian safety 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, the law relating to exercising due care to avoid colliding with
12 a parked, stopped or standing authorized emergency vehicle or hazard
13 vehicle pursuant to section eleven hundred forty-four-a of this chapter,
14 the ability to read and comprehend traffic signs and symbols and such
15 other matters as the commissioner may prescribe, and to satisfactorily
16 complete a course prescribed by the commissioner of not less than four
17 hours and not more than five hours, consisting of classroom driver
18 training and highway safety instruction or the equivalent thereof. Such
19 test shall include one or more questions concerning bicycle and pedes-
20 trian safety. Such test shall include at least seven written questions
21 concerning the effects of consumption of alcohol or drugs on the ability
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09753-04-8
S. 4799--A 2
1 of a person to operate a motor vehicle and the legal and financial
2 consequences resulting from violations of section eleven hundred nine-
3 ty-two of this chapter, prohibiting the operation of a motor vehicle
4 while under the influence of alcohol or drugs. Such test shall include
5 one or more written questions concerning the devastating effects of
6 "Road Rage" on the ability of a person to operate a motor vehicle and
7 the legal and financial consequences resulting from assaulting, threat-
8 ening or interfering with the lawful conduct of another person legally
9 using the roadway. Such test shall include one or more questions
10 concerning the potential dangers to persons and equipment resulting from
11 the unsafe operation of a motor vehicle in a work zone. Such test may
12 include one or more questions concerning motorcycle safety. Such test
13 may include one or more questions concerning the law for exercising due
14 care to avoid colliding with a parked, stopped or standing vehicle
15 pursuant to section eleven hundred forty-four-a of this chapter. Such
16 test shall be administered by the commissioner. The commissioner shall
17 cause the applicant to take a vision test and a test for color blind-
18 ness. Upon passage of the vision test, the application may be accepted
19 and the application fee shall be payable.
20 (b) Upon successful completion of the requirements set forth in para-
21 graph (a) of this subdivision which shall include an alcohol and drug
22 education component as described in paragraph (c) of this subdivision, a
23 "Road Rage" awareness component as described in paragraph (c-1) of this
24 subdivision [and], a "Work Zone Safety" awareness component as described
25 in paragraph (c-2) of this subdivision, [and] a "Motorcycle Safety"
26 awareness component as described in paragraph (c-3) of this subdivision
27 and a "bicycle and pedestrian safety" component as described in para-
28 graph (c-4) of this subdivision the commissioner shall cause the appli-
29 cant to take a road test in a representative vehicle of a type
30 prescribed by the commissioner which shall be appropriate to the type of
31 license for which application is made, except that the commissioner may
32 waive the road test requirements for certain classes of applicants. The
33 commissioner shall have the power to establish a program to allow
34 persons other than employees of the department to conduct road tests in
35 representative vehicles when such tests are required for applicants to
36 obtain a class A, B or C license. If she chooses to do so, she shall set
37 forth her reasons in writing and conduct a public hearing on the matter.
38 She shall only establish such a program after holding the public hear-
39 ing.
40 (c-4) "Bicycle and pedestrian safety" component. (i) The commissioner
41 shall provide in the pre-licensing course, set forth in paragraph (b) of
42 this subdivision, a mandatory component in "bicycle and pedestrian safe-
43 ty" education as a prerequisite for obtaining a license to operate a
44 motor vehicle. The purpose of the component is to educate prospective
45 licensees on the potential dangers to pedestrians, bicyclists, in-line
46 skaters, scooter riders, skateboarders and other non-motorized vehicles
47 created by motor vehicles.
48 (ii) The commissioner shall establish a curriculum for the "bicycle
49 and pedestrian safety" component which shall include but not be limited
50 to: safely passing a cyclist on the road, special considerations while
51 driving in urban areas, bicycle lanes as defined in section one hundred
52 two-a of this chapter and other roadway designs employed in New York
53 state for the safety of pedestrians and cyclists, how to navigate an
54 intersection with pedestrians and cyclists, exiting a vehicle without
55 endangering pedestrians and cyclists, the requirement that drivers exer-
S. 4799--A 3
1 cise due care to avoid collision with a bicyclist or pedestrian on the
2 road pursuant to section eleven hundred forty-six of this chapter.
3 (iii) In developing such curriculum, the commissioner shall consult
4 with the commissioner of transportation, the commissioner of transporta-
5 tion of the city of New York and bicycle and pedestrian advocates.
6 (d) The commissioner shall make available for distribution upon regis-
7 tration at each location where the pre-licensing course will be given,
8 instructional handbooks outlining the content of the entire curriculum
9 of the pre-licensing course including the information required to be
10 included in the course pursuant to paragraphs (c), (c-1), (c-2) [and],
11 (c-3) and (c-4) of this subdivision. The commissioner shall also provide
12 for the additional training of the instructors necessary for the compe-
13 tent instruction of the alcohol and drug education, "Road Rage" aware-
14 ness, "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness,
15 and "bicycle and pedestrian safety" subject matters of the pre-licensing
16 course.
17 § 2. This act shall take effect on the ninetieth day after it shall
18 have become a law; provided, however, that if chapter 355 of the laws of
19 2017 shall not take effect on or before such date then section one of
20 this act shall take effect on the same date and in the same manner as
21 such chapter of the laws of 2017, takes effect.
