S T A T E O F N E W Y O R K
________________________________________________________________________
8326
2011-2012 Regular Sessions
I N A S S E M B L Y
June 13, 2011
___________
Introduced by M. of A. WEISENBERG, GANTT -- (at request of the Governor)
-- 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 establishing the safe drivers act of 2011 relating to the
use of portable electronic devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Safe Driv-
ers Act of 2011".
S 2. Subdivision 6 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of 2009, is amended to read as
follows:
6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not more than one hundred fifty dollars[.
Provided, however, that a summons for operating a motor vehicle in
violation of this section shall only be issued when there is reasonable
cause to believe that the person operating such motor vehicle has
committed a violation of the laws of this state other than a violation
of this section] AND THREE POINTS SHALL BE ADDED TO THE VIOLATOR'S DRIV-
ING RECORD UPON RECEIPT BY THE COMMISSIONER OF A CERTIFICATE OF
CONVICTION OR A CERTIFICATE OF BAIL FORFEITURE.
S 3. Subdivision 4 of section 1225-c of the vehicle and traffic law,
as added by chapter 69 of the laws of 2001, is amended to read as
follows:
4. A violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine of not more than one
hundred dollars AND THREE POINTS SHALL BE ADDED TO THE VIOLATOR'S DRIV-
ING RECORD UPON RECEIPT BY THE COMMISSIONER OF A CERTIFICATE OF
CONVICTION OR A CERTIFICATE OF BAIL FORFEITURE.
S 4. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12022-04-1
A. 8326 2
(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-
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 AND "DISTRACTED DRIVING" as defined by the
commissioner of motor vehicles. The provisions of this section shall not
apply to attendance at a program pursuant to article twenty-one of the
vehicle and traffic law as a result of any traffic infraction.
S 5. 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 AND "DISTRACTED DRIVING" as
defined by the commissioner of motor vehicles. The provisions of this
section shall not apply to attendance at a program pursuant to article
twenty-one of the vehicle and traffic law as a result of any traffic
infraction.
S 6. This act shall take effect immediately; provided that section
four of this act shall take effect on the thirtieth day after it shall
have become a law; further provided that the amendments to subsection
(a) of section 2336 of the insurance law made by section four of this
act shall be subject to the expiration and reversion of such subsection
as provided in section 5 of chapter 751 of the laws of 2005, as amended,
when upon such date section five of this act shall take effect.