S T A T E O F N E W Y O R K
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4213
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
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Introduced by M. of A. BRENNAN, GREENE, ABBATE -- Multi-Sponsored by --
M. of A. COLTON, GABRYSZAK, JOHN, PHEFFER, ROSENTHAL, SWEENEY -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the insurance law, in
relation to creation and issuance by the commissioner of motor vehi-
cles of a guide booklet describing rights of pedestrians and responsi-
bilities of motorists to them respecting the rules of the road, for
inclusion by insurers with automobile liability insurance policies and
annually upon renewals sent to insured owners of motor vehicles prin-
cipally garaged or principally used in this state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1101 of the vehicle and traffic law is amended to
read as follows:
S 1101. Required obedience to traffic laws. (A) It is unlawful and,
unless otherwise declared in this title with respect to particular
offenses, it is a traffic infraction for any person to do any act
forbidden or fail to perform any act required in ANY OTHER SECTION OF
this title.
(B) THE COMMISSIONER SHALL DEVELOP AND ISSUE A GUIDE BOOKLET TO HELP
PEDESTRIANS AND MOTORISTS BETTER UNDERSTAND THEIR RESPONSIBILITIES TO
PROMOTE PEDESTRIAN SAFETY. THE GUIDE BOOKLET SHALL BE DESIGNATED "PEDES-
TRIAN RIGHTS AND MOTORIST'S RESPONSIBILITIES" AND SHALL DESCRIBE IN
PLAIN LANGUAGE AND HIGHLIGHT AND, WHERE APPROPRIATE, EXCERPT, THOSE
PROVISIONS OF THIS TITLE OF THIS CHAPTER ("RULES OF THE ROAD") WHICH, IN
THE OPINION OF THE COMMISSIONER, MOST CONCERN PROMOTION OF THE SAFETY OF
PEDESTRIANS, THEIR RIGHTS AND THE RESPONSIBILITIES OF MOTORISTS TOWARD
THEM.
S 2. Paragraph (a) of subdivision 4 of section 311 of the vehicle and
traffic law, as amended by chapter 305 of the laws of 1995, is amended
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03247-01-9
A. 4213 2
(a) Affording coverage as defined in the minimum provisions prescribed
in a regulation which shall be promulgated by the superintendent at
least ninety days prior to effective date of this act. The superinten-
dent before promulgating such regulations or any amendment thereof,
shall consult with all insurers licensed to write automobile liability
insurance in this state and shall not prescribe minimum provisions which
fail to reflect the provisions of automobile liability insurance poli-
cies, other than motor vehicle liability policies as defined in section
three hundred forty-five of this [chapter] TITLE, issued within this
state at the date of such regulation or amendment thereof. Nothing
contained in such regulation or in this article shall prohibit any
insurer from affording coverage under an owner's policy of liability
insurance more liberal than that required by said minimum provisions.
Every such owner's policy of liability insurance shall provide insurance
subject to said regulation against loss from the liability imposed by
law for damages, including damages for care and loss of services,
because of bodily injury to or death of any person and injury to or
destruction of property arising out of the ownership, maintenance, use,
or operation of a specific motor vehicle or motor vehicles within the
state of New York, or elsewhere in the United States in North America or
the Dominion of Canada, subject to a limit, exclusive of interest and
costs, with respect to each such motor vehicle except a tow truck, of
twenty-five thousand dollars because of bodily injuries to and fifty
thousand dollars because of death of one person in any one accident and,
subject to said limit for one person, to a limit of fifty thousand
dollars because of bodily injury to and one hundred thousand dollars
because of death of two or more persons in any one accident, and to a
limit of ten thousand dollars because of injury to or destruction of
property of others in any one accident provided, however, that such
policy need not be for a period coterminous with the registration period
of the vehicle insured. The limit, exclusive of interest and costs, with
respect to a tow truck shall be a combined single limit of at least
three hundred thousand dollars because of bodily injury or death to one
or more persons or because of injury or destruction of property of
others in any one accident, and to a limit of twenty-five thousand
dollars because of damage to a vehicle in the care, custody and control
of the insured. Any insurer authorized to issue an owner's policy of
liability insurance as provided for in this article may, pending the
issue of such a policy, make an agreement, to be known as a binder, or
may, in lieu of such a policy, issue a renewal endorsement or evidence
of renewal of an existing policy; each of which shall be construed to
provide indemnity or protection in like manner and to the same extent as
such a policy. The provisions of this article shall apply to such bind-
ers, renewal endorsements or evidences of renewal. Every such policy
issued insuring private passenger vehicles and every renewal policy,
renewal endorsement, or other evidence of renewal issued shall have
attached thereto a rating information form which clearly specifies and
defines the rating classification assigned thereto, including any appli-
cable merit rating plan AND SHALL HAVE ENCLOSED THEREWITH, AT LEAST
ANNUALLY, A COPY OF THE COMMISSIONER'S GUIDE BOOKLET ENTITLED "PEDESTRI-
AN RIGHTS AND MOTORIST'S RESPONSIBILITIES" REFERRED TO IN SECTION ELEVEN
HUNDRED ONE OF THIS CHAPTER; and
S 3. Subsection (f) of section 3420 of the insurance law is amended by
adding a new paragraph 2-a to read as follows:
(2-A) MULTIPLE COPIES OF THE GUIDE BOOKLET ENTITLED "PEDESTRIAN RIGHTS
AND MOTORIST'S RESPONSIBILITIES" AS DEVELOPED AND ISSUED BY THE COMMIS-
A. 4213 3
SIONER OF MOTOR VEHICLES SHALL BE REPRODUCED BY AUTHORIZED INSURERS
WHICH ISSUE OR DELIVER IN THIS STATE POLICIES INSURING OWNERS OF MOTOR
VEHICLES AGAINST LOSS RESULTING FROM LIABILITY IMPOSED BY LAW FOR BODILY
INJURY OR DEATH SUFFERED BY ANY NATURAL PERSON ARISING OUT OF THE OWNER-
SHIP, MAINTENANCE AND USE OF A MOTOR VEHICLE PRINCIPALLY GARAGED OR
PRINCIPALLY USED IN THIS STATE, IN SUFFICIENT QUANTITIES TO PERMIT
DISTRIBUTION BY SUCH INSURERS OF ONE COPY OF SUCH GUIDE BOOKLET ONCE PER
YEAR TO EVERY SUCH INSURED. SUCH COPY SHALL BE INCLUDED BY SUCH INSURER
WITH THE ORIGINAL ISSUANCE OF SUCH POLICY, AND AT LEAST ANNUALLY THERE-
AFTER WITH THE RENEWAL OF SUCH POLICY, SENT BY MAIL OR OTHERWISE DELIV-
ERED TO EVERY INSURED OWNER OF SUCH A MOTOR VEHICLE.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations by
the commissioner of motor vehicles and superintendent of insurance, and
the development and issuance of the guide booklet by the commissioner of
motor vehicles, necessary for the implementation of the foregoing
sections of this act on the effective date of this act are authorized
and directed to be made and completed on or before such effective date.