S T A T E O F N E W Y O R K
________________________________________________________________________
7653
2011-2012 Regular Sessions
I N A S S E M B L Y
May 12, 2011
___________
Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to adding a
bicycle 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:
Section 1. Subparagraph (i) of paragraph (a) and paragraphs (b) and
(d) of subdivision 4 of section 502 of the vehicle and traffic law,
subparagraph (i) of paragraph (a) as amended by chapter 387 of the laws
of 2010 and paragraphs (b) and (d) as amended by chapter 585 of the laws
of 2002, are amended and a new paragraph (c-3) is added 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 law relating to exer-
cising due care to avoid colliding with a parked, stopped or standing
authorized emergency vehicle pursuant to section eleven hundred forty-
four-a of this chapter, the ability to read and comprehend traffic signs
and symbols, BICYCLE AND PEDESTRIAN SAFETY and such other matters as the
commissioner may prescribe, and to satisfactorily complete a course
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07318-01-1
A. 7653 2
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 may include one or more questions concerning the law for exer-
cising due care to avoid colliding with a parked, stopped or standing
authorized emergency vehicle pursuant to section eleven hundred forty-
four-a of this chapter. SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS
CONCERNING BICYCLE AND PEDESTRIAN SAFETY. Such test shall be adminis-
tered 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.
(b) Upon successful completion of the requirements set forth in para-
graph (a) of this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of this
subdivision [and], a "Work Zone Safety" awareness component as described
in paragraph (c-2) of this subdivision, AND A "BICYCLE AND PEDESTRIAN
SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-3) OF THIS SUBDIVISION,
the commissioner shall cause the applicant to take a road test in a
representative vehicle of a type prescribed by the commissioner which
shall be appropriate to the type of license for which application is
made, except that the commissioner may waive the road test requirements
for certain classes of applicants. The commissioner shall have the power
to establish a program to allow persons other than employees of the
department to conduct road tests in representative vehicles when such
tests are required for applicants to obtain a class A, B or C license.
If she chooses to do so, she shall set forth her reasons in writing and
conduct a public hearing on the matter. She shall only establish such a
program after holding the public hearing.
(C-3) "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE COMMISSIONER
SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
TY" EDUCATION AS A PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A
MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT IS TO EDUCATE PROSPECTIVE
LICENSEES ON THE POTENTIAL DANGERS TO PEDESTRIANS, BICYCLISTS, IN-LINE
SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED VEHICLES
CREATED BY MOTOR VEHICLES.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE LIMITED
TO: SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED
TWO-A OF THIS CHAPTER AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS, HOW TO NAVIGATE AN
INTERSECTION WITH PEDESTRIANS AND CYCLISTS, EXITING A VEHICLE WITHOUT
ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN ON THE
ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
(III) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE NEW YORK STATE COMMISSIONER OF TRANSPORTATION, THE NEW YORK
A. 7653 3
CITY COMMISSIONER OF TRANSPORTATION, AND BICYCLE AND PEDESTRIAN ADVO-
CATES.
(d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will be given,
instructional handbooks outlining the content of the entire curriculum
of the pre-licensing course including the information required to be
included in the course pursuant to paragraphs (c), (c-1) [and], (c-2)
AND (C-3) of this subdivision. The commissioner shall also provide for
the additional training of the instructors necessary for the competent
instruction of the alcohol and drug education [and], "Road Rage" aware-
ness [and], "Work Zone Safety" awareness AND "BICYCLE AND PEDESTRIAN
SAFETY" subject matters of the pre-licensing course.
S 2. This act shall take effect immediately.