S T A T E O F N E W Y O R K
________________________________________________________________________
1227
2009-2010 Regular Sessions
I N S E N A T E
January 28, 2009
___________
Introduced by Sens. THOMPSON, C. JOHNSON, ONORATO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to the penalty
for violating certain provisions requiring a stop at a railroad cross-
ing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subdivision (c) of section 1170 of the vehi-
cle and traffic law, as added by chapter 430 of the laws of 1996, is
amended to read as follows:
2. Any person convicted of a violation of this section resulting in an
accident which causes physical injury, as that term is defined pursuant
to subdivision nine of section 10.00 of the penal law, serious physical
injury, as that term is defined pursuant to subdivision ten of section
10.00 of the penal law, or death to another person, shall be guilty of a
[class E] felony AND SHALL BE SENTENCED TO A TERM OF IMPRISONMENT OF ONE
YEAR THEREFOR.
S 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 585 of the laws of
2002, is amended to read as follows:
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the ability to read and
comprehend traffic signs and symbols, THE PENALTIES FOR VIOLATING
SECTION ELEVEN HUNDRED SEVENTY OF THIS CHAPTER PERTAINING TO OBEDIENCE
TO SIGNAL INDICATING APPROACH OF A TRAIN, and such other matters as the
commissioner may prescribe, and to satisfactorily complete a course
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04699-01-9
S. 1227 2
prescribed by the commissioner of not less than four hours and not more
than five hours, consisting of classroom driver training and highway
safety instruction or the equivalent thereof. Such test shall include at
least seven written questions concerning the effects of consumption of
alcohol or drugs on the ability of a person to operate a motor vehicle
and the legal and financial consequences resulting from violations of
section eleven hundred ninety-two of this chapter, prohibiting the oper-
ation of a motor vehicle while under the influence of alcohol or drugs.
Such test shall include one or more written questions concerning the
devastating effects of "Road Rage" on the ability of a person to operate
a motor vehicle and the legal and financial consequences resulting from
assaulting, threatening or interfering with the lawful conduct of anoth-
er person legally using the roadway. Such test shall include one or more
questions concerning the potential dangers to persons and equipment
resulting from the unsafe operation of a motor vehicle in a work zone.
Such test shall be administered by the commissioner. The commissioner
shall cause the applicant to take a vision test and a test for color
blindness. Upon passage of the vision test, the application may be
accepted and the application fee shall be payable.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.