senate Bill S7518

2011-2012 Legislative Session

Relates to requiring attendance at motor vehicle accident prevention courses for certain individuals

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1110
May 31, 2012 referred to transportation

Votes

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Jun 5, 2012 - Transportation committee Vote

S7518
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Transportation Committee Vote: Jun 5, 2012

aye wr (1)
excused (1)

S7518 - Bill Details

See Assembly Version of this Bill:
A10746
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §510-d, V & T L; amd §2336, Ins L

S7518 - Bill Texts

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Relates to requiring attendance at motor vehicle accident prevention courses for certain individuals.

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BILL NUMBER:S7518

TITLE OF BILL:
An act to amend the vehicle and traffic law and the insurance law, in
relation to motor vehicle accident prevention courses for certain
individuals

PURPOSE:
This legislation would require an individual who's class DJ or class
MJ learner's permit or license has been revoked or suspended to take a
motor vehicle accident prevention course prior to reinstatement of
their driving privileges.

SUMMARY OF PROVISIONS:
Section 1. Amends the vehicle and traffic law to add a new section
510-d that would require an individual who's class DJ or class MJ
learner's permit or license has been revoked or suspended to take a
motor vehicle accident prevention course prior to reinstatement of
their driving privileges.

Section 2 and 3. Amends section 2336 of the insurance law to exclude
participants in this course, for the purpose of license reinstatement,
shall not result in a point reduction or insurance premium reduction.

Section 4. Effective date

JUSTIFICATION:
In 2008, 2,739 15 to 20 year-old drivers were killed and an additional
228,000 were injured in motor vehicle crashes according to NHTSA.
Fatal injuries from car wrecks are the leading cause of death for
teens between the ages of 13 and 19. The risk of crashing is
especially high for teens during the first few years of licensure.
Inexperience and immaturity make for risky driving behavior and
increase the likelihood of a crash. In the last 10 years, all states
have changed their teen licensing procedures. Many states have worked
to reduce teen motor vehicle fatalities and injuries through graduated
driver's licensing (GOL). This system limits the exposure to high-risk
situations by gradually phasing in driving privileges for teens. GOL
allows teens to gain valuable driving experience in low-risk driving
situations.

This legislation will build on the successes of graduated driver's
licensing laws by requiring an additional education component for
young and in-experienced drivers whose class DJ or class MJ learner's
permit or license has been revoked or suspended for engaging in high-
risk behavior to take a motor vehicle accident prevention course prior
to reinstatement of their driving privileges.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect on the ninetieth day after it shall have
become law; provided, however, that the amendments to subsection (a)
of section 2336 of the insurance law made by section two of this act
shall not affect the expiration and reversion of such subsections and
shall expire and be deemed repealed therewith, when upon such date the
provisions of section three of this act shall take effect.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7518

                            I N  S E N A T E

                              May 31, 2012
                               ___________

Introduced by Sen. FUSCHILLO -- 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 and the insurance law, in
  relation to motor vehicle  accident  prevention  courses  for  certain
  individuals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 510-d to read as follows:
  S  510-D.  MOTOR  VEHICLE  ACCIDENT  PREVENTION  COURSE FOR VIOLATIONS
COMMITTED BY HOLDERS OF CLASS  DJ  OR  CLASS  MJ  LEARNER'S  PERMITS  OR
LICENSES.  ANY  PERSON  WHOSE  CLASS  DJ OR CLASS MJ LEARNER'S PERMIT OR
LICENSE IS REVOKED OR SUSPENDED PURSUANT TO SECTION FIVE  HUNDRED  TEN-C
OF  THIS  ARTICLE  SHALL  COMPLETE  A  MOTOR VEHICLE ACCIDENT PREVENTION
COURSE AS APPROVED PURSUANT TO ARTICLE  TWELVE-B  OR  TWELVE-C  OF  THIS
CHAPTER  PRIOR  TO  REINSTATEMENT  OF  HIS  OR  HER  DRIVING PRIVILEGES;
PROVIDED, HOWEVER, THAT COMPLETION  OF  SUCH  COURSE  PURSUANT  TO  THIS
SECTION SHALL NOT ENTITLE SUCH INDIVIDUAL TO A POINT REDUCTION OR INSUR-
ANCE  PREMIUM REDUCTION PURSUANT TO SECTION TWENTY-THREE HUNDRED THIRTY-
SIX OF THE INSURANCE LAW.
  S 2. Subsection (a) of section 2336 of the insurance law,  as  amended
by chapter 751 of the laws of 2005, is amended to read as follows:
  (a)  Any  schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the  superintendent  shall  provide
for  an  appropriate  reduction in premium charges for any insured for a
three year period after successfully completing a motor vehicle accident
prevention course, known as  the  national  safety  council's  defensive
driving course, or any driver improvement course approved by the depart-
ment  of motor vehicles as being equivalent to the national safety coun-
cil's defensive driving course, provided that,  except  as  provided  in
article  twelve-C  of  the  vehicle  and  traffic law, there shall be no
reduction in premiums for a self instruction defensive driving course or
a course which does not provide for actual classroom instruction  for  a
minimum  number  of hours as determined by the department of motor vehi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16027-02-2

S. 7518                             2

cles. Such reduction in premium charges shall be  subsequently  modified
to  the  extent  appropriate,  based  upon  analysis  of loss experience
statistics and other relevant  factors.  All  such  accident  prevention
courses shall be monitored by the department of motor vehicles and shall
include  components of instruction in "Road Rage" awareness and in "Work
Zone Safety" awareness as defined by the commissioner of motor vehicles.
The provisions of this section shall not apply to A MOTOR VEHICLE  ACCI-
DENT  PREVENTION COURSE COMPLETED PURSUANT TO SECTION FIVE HUNDRED TEN-D
OF THE VEHICLE AND TRAFFIC LAW OR attendance at a  program  pursuant  to
article  twenty-one  of  the  vehicle and traffic law as a result of any
traffic infraction.
  S 3. Subsection (a) of section 2336 of the insurance law,  as  amended
by chapter 585 of the laws of 2002, is amended to read as follows:
  (a)  Any  schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the  superintendent  shall  provide
for  an  appropriate  reduction in premium charges for any insured for a
three year period after successfully completing a motor vehicle accident
prevention course, known as  the  national  safety  council's  defensive
driving course, or any driver improvement course approved by the depart-
ment  of motor vehicles as being equivalent to the national safety coun-
cil's defensive driving course, provided  that  in  either  event  there
shall be no reduction in premiums for a self instruction defensive driv-
ing  course  or  a  course  which  does not provide for actual classroom
instruction for a minimum number of hours as determined by  the  depart-
ment  of  motor  vehicles.  Such  reduction  in premium charges shall be
subsequently modified to the extent appropriate, based upon analysis  of
loss experience statistics and other relevant factors. All such accident
prevention  courses  shall be monitored by the department of motor vehi-
cles and shall include components of instruction in "Road  Rage"  aware-
ness  and in "Work Zone Safety" awareness as defined by the commissioner
of motor vehicles. The provisions of this section shall not apply  to  A
MOTOR  VEHICLE  ACCIDENT PREVENTION COURSE COMPLETED PURSUANT TO SECTION
FIVE HUNDRED TEN-D OF THE VEHICLE AND TRAFFIC LAW  OR  attendance  at  a
program pursuant to article twenty-one of the vehicle and traffic law as
a result of any traffic infraction.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to  subsection
(a) of section 2336 of the insurance law made by section two of this act
shall  be  subject  to  the  expiration and reversion of such subsection
pursuant to section 5 of chapter 751 of the laws of  2005,  as  amended,
when  upon  such  date the provisions of section three of this act shall
take effect.

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