Assembly Bill A8836

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

                                  8836

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by M. of A. REILICH -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  applicants  undergo  a  vision  test  prior to obtaining or renewing a
  driver's license

  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) of subdivision 4 of
section 502 of the vehicle and traffic law, as amended by chapter 458 of
the laws of 2011, 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 law relating to  exer-
cising  due  care  to avoid colliding with a parked, stopped or standing
authorized emergency vehicle or hazard vehicle pursuant to section elev-
en hundred forty-four-a of this chapter, the ability to read and compre-
hend traffic signs and symbols and such other matters as the commission-
er 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 operation  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 assault-
ing,  threatening  or  interfering  with  the  lawful conduct of another

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13501-01-1

A. 8836                             2

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 or hazard vehicle pursuant to section elev-
en hundred forty-four-a of this chapter.   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.]  THE  APPLICANT
SHALL BE REQUIRED TO SUBMIT TO A VISION TEST AND A TEST FOR COLOR BLIND-
NESS  OR  SUBMIT  EVIDENCE  OF  PASSAGE  OF A VISION TEST FURNISHED BY A
DOCTOR. Upon passage of the vision test OR SUBMISSION OF EVIDENCE  OF  A
PASSAGE OF A VISION TEST, the application may be accepted and the appli-
cation fee shall be payable.
  S  2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by section 3 of part K of chapter 59 of the laws
of 2009, is amended to read as follows:
  (a) A license issued pursuant to  subdivision  five  of  this  section
shall  be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be  renewed
by  submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and [acceptable vision] PASSAGE OF  A
VISION  TEST  OR  SUBMISSION  OF  EVIDENCE  OF  PASSAGE OF A VISION TEST
FURNISHED BY A DOCTOR AS prescribed by the commissioner, the applicant's
social security number, and if required  by  the  commissioner  a  photo
image  of  the  applicant  in  such numbers and form as the commissioner
shall prescribe.  In addition, an applicant for  renewal  of  a  license
containing a hazardous material endorsement shall pass an examination to
retain  such  endorsement.  The  commissioner shall, with respect to the
renewal of a hazardous materials endorsement, comply with  the  require-
ments imposed upon states by sections 383.141 and 1572.13 of title 49 of
the  code  of  federal  regulations.  A renewal of such license shall be
issued by the commissioner upon approval  of  such  application,  except
that no such license shall be issued if its issuance would be inconsist-
ent  with  the provisions of section five hundred sixteen of this title,
and except that the commissioner may refuse to renew such license if the
applicant is the holder of a currently valid  or  renewable  license  to
drive  issued  by  another state or foreign country unless the applicant
surrenders such license.
  S 3. This act shall take effect immediately.