S05228 Summary:

BILL NOS05228C
 
SAME ASSAME AS A07828-A
 
SPONSORGOUNARDES
 
COSPNSRBIAGGI, MAY, MONTGOMERY, MYRIE, RAMOS
 
MLTSPNSR
 
Amd 502, V & T L
 
Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course to educate prospective licensees on how to safely pass a bicyclist on the road, use of bicycle lanes and the dangers of motorists to bicyclists and pedestrians.
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S05228 Actions:

BILL NOS05228C
 
04/17/2019REFERRED TO TRANSPORTATION
05/07/2019AMEND AND RECOMMIT TO TRANSPORTATION
05/07/2019PRINT NUMBER 5228A
05/13/2019REPORTED AND COMMITTED TO RULES
05/14/2019ORDERED TO THIRD READING CAL.682
05/15/2019PASSED SENATE
05/15/2019DELIVERED TO ASSEMBLY
05/15/2019referred to transportation
01/08/2020died in assembly
01/08/2020returned to senate
01/08/2020REFERRED TO TRANSPORTATION
02/25/20201ST REPORT CAL.498
02/26/2020AMENDED 5228B
02/26/20202ND REPORT CAL.
02/27/2020ADVANCED TO THIRD READING
03/02/2020AMENDED ON THIRD READING 5228C
03/11/2020PASSED SENATE
03/11/2020DELIVERED TO ASSEMBLY
03/11/2020referred to transportation
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S05228 Committee Votes:

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S05228 Floor Votes:

There are no votes for this bill in this legislative session.
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S05228 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5228--C
            Cal. No. 498
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 17, 2019
                                       ___________
 
        Introduced  by  Sens.  GOUNARDES,  MAY,  MYRIE,  RAMOS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Transportation   --   committee   discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee on Transportation in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said  committee,  ordered  to  first
          report,  amended  on  first  report,  ordered  to  a second report and
          ordered reprinted, retaining its place in the order of  second  report
          --  recommitted  to the Committee on Transportation in accordance with
          Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
          ordered  to  second  report,  ordered  to a 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  requiring
          instruction  in pedestrian and bicyclist safety as part of the drivers
          pre-licensing course
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
     2  of  the vehicle and traffic law, paragraph (a) as amended by chapter 585
     3  of the laws of 2002, subparagraph (i) of paragraph  (a)  and  paragraphs
     4  (b)  and  (d) as amended by chapter 513 of the laws of 2019, are amended
     5  and a new paragraph (c-5) is added to read as follows:
     6    (a) (i) Upon submission of an application for a driver's license,  the
     7  applicant  shall be required to take and pass a test, or submit evidence
     8  of passage of a test, with respect to the laws relating to traffic,  the
     9  laws  relating to driving while ability is impaired and while intoxicat-
    10  ed, under the overpowering influence of "Road Rage", "Work Zone  Safety"
    11  awareness [and], "Motorcycle Safety" awareness and "Pedestrian and Bicy-
    12  clist  Safety"  awareness  as  defined  by the commissioner, "School Bus
    13  Safety" awareness, the law relating to  exercising  due  care  to  avoid
    14  colliding  with a parked, stopped or standing authorized emergency vehi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11203-10-0

        S. 5228--C                          2
 
     1  cle or hazard vehicle pursuant to section eleven hundred forty-four-a of
     2  this chapter, the ability to  read  and  comprehend  traffic  signs  and
     3  symbols and such other matters as the commissioner may prescribe, and to
     4  satisfactorily  complete  a course prescribed by the commissioner of not
     5  less than four hours and not more than five hours, consisting of  class-
     6  room  driver  training  and highway safety instruction or the equivalent
     7  thereof. Such test  shall  include  at  least  seven  written  questions
     8  concerning the effects of consumption of alcohol or drugs on the ability
     9  of  a  person  to  operate  a  motor vehicle and the legal and financial
    10  consequences resulting from violations of section eleven  hundred  nine-
    11  ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
    12  while under the influence of alcohol or drugs. Such test  shall  include
    13  one  or  more  written  questions  concerning the devastating effects of
    14  "Road Rage" on the ability of a person to operate a  motor  vehicle  and
    15  the  legal and financial consequences resulting from assaulting, threat-
    16  ening or interfering with the lawful conduct of another  person  legally
    17  using  the  roadway.  Such  test  shall  include  one  or more questions
    18  concerning the potential dangers to persons and equipment resulting from
    19  the unsafe operation of a motor vehicle in a work zone.  Such  test  may
    20  include  one  or  more questions concerning motorcycle safety. Such test
    21  may include one or more questions concerning the law for exercising  due
    22  care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
    23  pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
    24  test  may  include  one  or more questions concerning school bus safety.
    25  Such test shall include one or more questions concerning how  to  safely
    26  pass  a  bicyclist  on the road and one or more questions concerning the
    27  dangers of motor vehicles to bicyclists and pedestrians and one or  more
    28  questions  concerning the law for exercising due care to avoid colliding
    29  with a bicyclist, pedestrian or  domestic  animal  pursuant  to  section
    30  eleven  hundred  forty-six  of this chapter. Such test shall be adminis-
    31  tered by the commissioner. The commissioner shall cause the applicant to
    32  take a vision test and a test for color blindness. Upon passage  of  the
    33  vision  test,  the  application  may be accepted and the application fee
    34  shall be payable.
    35    (ii) The commissioner shall promulgate rules  and  regulations  estab-
    36  lishing  eligibility  standards  for the taking and passing of knowledge
    37  tests in other than written form.
    38    (b) Upon successful completion of the requirements set forth in  para-
    39  graph  (a)  of  this subdivision which shall include an alcohol and drug
    40  education component as described in paragraph (c) of this subdivision, a
    41  "Road Rage" awareness component as described in paragraph (c-1) of  this
    42  subdivision [and], a "Work Zone Safety" awareness component as described
    43  in  paragraph (c-2) of this subdivision, a "Motorcycle Safety" awareness
    44  component as described in paragraph (c-3) of this subdivision,  [and]  a
    45  "School  Bus Safety" awareness component as described in paragraph (c-4)
    46  of this subdivision, and a "Pedestrian and Bicyclist  Safety"  awareness
    47  component  as  described  in  paragraph  (c-5)  of this subdivision, the
    48  commissioner shall cause the applicant to take a road test in  a  repre-
    49  sentative  vehicle  of a type prescribed by the commissioner which shall
    50  be appropriate to the type of license for  which  application  is  made,
    51  except  that  the  commissioner may waive the road test requirements for
    52  certain classes of applicants. The commissioner shall have the power  to
    53  establish a program to allow persons other than employees of the depart-
    54  ment  to  conduct  road tests in representative vehicles when such tests
    55  are required for applicants to obtain a class A, B or C license. If  she
    56  chooses to do so, she shall set forth her reasons in writing and conduct

        S. 5228--C                          3
 
     1  a public hearing on the matter.  She shall only establish such a program
     2  after holding the public hearing.
     3    (c-5)  "Pedestrian  and Bicyclist Safety" awareness component. (i) The
     4  commissioner shall provide in the pre-licensing  course,  set  forth  in
     5  paragraph  (b) of this subdivision, a mandatory component in "Pedestrian
     6  and Bicyclist Safety" awareness education as a prerequisite for  obtain-
     7  ing  a  license to operate a motor vehicle. The purpose of the component
     8  is to educate prospective licensees on the potential dangers  to  pedes-
     9  trians,  bicyclists,  and  other non-motorized vehicles created by motor
    10  vehicles.
    11    (ii) The curriculum shall include, but shall not  be  limited  to,  an
    12  overview  of  traffic  laws  governing  motor vehicle operators' duty to
    13  exercise due care with respect to pedestrians and bicyclists,  including
    14  but  not limited to understanding bicyclists' and pedestrians' needs and
    15  reduced visibility, respecting bicyclists' and  pedestrians'  rights  of
    16  way,  safe operation near bicyclists and pedestrians, including children
    17  and blind, deaf, elderly and  disabled  pedestrians,  bicycle  lanes  as
    18  defined  in section one hundred two-a of this chapter, safely overtaking
    19  a bicycle, the dangers of distracted  driving,  driving  at  appropriate
    20  reduced speeds when special hazards exist with respect to pedestrians or
    21  other weather or highway conditions, safely turning, stopping, standing,
    22  and parking, motor vehicle operators' obligations to comply with article
    23  twenty-two  of  this  chapter,  and traffic control devices and markings
    24  related to bicyclists and pedestrians.
    25    (iii) In developing such curriculum, the  commissioner  shall  consult
    26  with the commissioner of transportation, the superintendent of the state
    27  police,  the  commissioners  of transportation and police of the city of
    28  New York, medical professionals and bicycle and pedestrian safety  advo-
    29  cates.
    30    (d) The commissioner shall make available for distribution upon regis-
    31  tration  at  each location where the pre-licensing course will be given,
    32  instructional handbooks outlining the content of the  entire  curriculum
    33  of  the  pre-licensing  course  including the information required to be
    34  included in the course pursuant to paragraphs (c), (c-1),  (c-2),  (c-3)
    35  [and],  (c-4) and (c-5) of this subdivision. The commissioner shall also
    36  provide for the additional training of the instructors necessary for the
    37  competent instruction of the alcohol and  drug  education,  "Road  Rage"
    38  awareness,  "Work  Zone Safety" awareness, "Motorcycle Safety" awareness
    39  [and], "School Bus Safety" awareness and "Pedestrian and Bicyclist Safe-
    40  ty" awareness subject matters of the pre-licensing course.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law; provided, however, that if  chapter  513  of
    43  the laws of 2019 shall not have taken effect on or before such date then
    44  section  one  of  this act shall take effect on the same date and in the
    45  same manner as such chapter of the laws of 2019 takes effect.
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