|SAME AS||No Same As|
|Amd §502, V & T L|
|Adds a bicycle and pedestrian safety component to the pre-licensing driver's education course.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5885 SPONSOR: Mosley
TITLE OF BILL: 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   PURPOSE: The purpose of this bill is to instruct drivers of New York State on situations that may be faced when sharing the road with cyclist, pedes- trians and others that drivers come across on a regular basis.   SUMMARY OF PROVISIONS: Paragraphs (b) and d of subdivision 4 of section 502 of the vehicle and traffic law are amended and a new para- graph (c-3) is added.   EXISTING LAW: None.   JUSTIFICATION: VTL Section 502 mandates that prospective drivers take a pre-licensing course, and various subjects are covered during the session. However, there has been a dramatic increase in the number of bicycles on the road; some estimates put the number of riders at more than 200,000 daily. It is imperative that the regulations governing the licensing of NYS drivers reflect this fact. This legislation would specifically require the pre-licensing course to cover bicycle safety, as well as other non-motorized vehicles, and ensure future motorists are better able to share the road.   LEGISLATIVE HISTORY: 2018 referred to transportation, amend and recommit to transportation, print number 9942a 2012: A.7653 2010: A.8487 - Held in Rules   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 5885 2019-2020 Regular Sessions IN ASSEMBLY February 20, 2019 ___________ Introduced by M. of A. MOSLEY -- read once and referred to the Committee on Transportation 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 22 of a person to operate a motor vehicle and the legal and financial 23 consequences resulting from violations of section eleven hundred nine- 24 ty-two of this chapter, prohibiting the operation of a motor vehicle EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09987-01-9A. 5885 2 1 while under the influence of alcohol or drugs. Such test shall include 2 one or more written questions concerning the devastating effects of 3 "Road Rage" on the ability of a person to operate a motor vehicle and 4 the legal and financial consequences resulting from assaulting, threat- 5 ening or interfering with the lawful conduct of another person legally 6 using the roadway. Such test shall include one or more questions 7 concerning the potential dangers to persons and equipment resulting from 8 the unsafe operation of a motor vehicle in a work zone. Such test may 9 include one or more questions concerning motorcycle safety. Such test 10 may include one or more questions concerning the law for exercising due 11 care to avoid colliding with a parked, stopped or standing vehicle 12 pursuant to section eleven hundred forty-four-a of this chapter. Such 13 test shall be administered by the commissioner. The commissioner shall 14 cause the applicant to take a vision test and a test for color blind- 15 ness. Upon passage of the vision test, the application may be accepted 16 and the application fee shall be payable. 17 (b) Upon successful completion of the requirements set forth in para- 18 graph (a) of this subdivision which shall include an alcohol and drug 19 education component as described in paragraph (c) of this subdivision, a 20 "Road Rage" awareness component as described in paragraph (c-1) of this 21 subdivision [ and], a "Work Zone Safety" awareness component as described 22 in paragraph (c-2) of this subdivision, [ and] a "Motorcycle Safety" 23 awareness component as described in paragraph (c-3) of this subdivision 24 and a "bicycle and pedestrian safety" component as described in para- 25 graph (c-4) of this subdivision the commissioner shall cause the appli- 26 cant to take a road test in a representative vehicle of a type 27 prescribed by the commissioner which shall be appropriate to the type of 28 license for which application is made, except that the commissioner may 29 waive the road test requirements for certain classes of applicants. The 30 commissioner shall have the power to establish a program to allow 31 persons other than employees of the department to conduct road tests in 32 representative vehicles when such tests are required for applicants to 33 obtain a class A, B or C license. If she chooses to do so, she shall set 34 forth her reasons in writing and conduct a public hearing on the matter. 35 She shall only establish such a program after holding the public hear- 36 ing. 37 (c-4) "Bicycle and pedestrian safety" component. (i) The commissioner 38 shall provide in the pre-licensing course, set forth in paragraph (b) of 39 this subdivision, a mandatory component in "bicycle and pedestrian safe- 40 ty" education as a prerequisite for obtaining a license to operate a 41 motor vehicle. The purpose of the component is to educate prospective 42 licensees on the potential dangers to pedestrians, bicyclists, in-line 43 skaters, scooter riders, skateboarders and other non-motorized vehicles 44 created by motor vehicles. 45 (ii) The commissioner shall establish a curriculum for the "bicycle 46 and pedestrian safety" component which shall include but not be limited 47 to: safely passing a cyclist on the road, special considerations while 48 driving in urban areas, bicycle lanes as defined in section one hundred 49 two-a of this chapter and other roadway designs employed in New York 50 state for the safety of pedestrians and cyclists, how to navigate an 51 intersection with pedestrians and cyclists, exiting a vehicle without 52 endangering pedestrians and cyclists, the requirement that drivers exer- 53 cise due care to avoid collision with a bicyclist or pedestrian on the 54 road pursuant to section eleven hundred forty-six of this chapter.A. 5885 3 1 (iii) In developing such curriculum, the commissioner shall consult 2 with the commissioner of transportation, the commissioner of transporta- 3 tion of the city of New York and bicycle and pedestrian advocates. 4 (d) The commissioner shall make available for distribution upon regis- 5 tration at each location where the pre-licensing course will be given, 6 instructional handbooks outlining the content of the entire curriculum 7 of the pre-licensing course including the information required to be 8 included in the course pursuant to paragraphs (c), (c-1), (c-2) [ and], 9 (c-3) and (c-4) of this subdivision. The commissioner shall also provide 10 for the additional training of the instructors necessary for the compe- 11 tent instruction of the alcohol and drug education, "Road Rage" aware- 12 ness, "Work Zone Safety" awareness [ and], "Motorcycle Safety" awareness, 13 and "bicycle and pedestrian safety" subject matters of the pre-licensing 14 course. 15 § 2. This act shall take effect on the ninetieth day after it shall 16 have become a law.