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