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
                               ___________

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.