Senate Bill S5290A

                                 BILL NUMBER:  S5290A

 TITLE OF BILL :  An act to amend chapter 751 of the laws of 2005,
amending the insurance law and the vehicle and traffic law, relating
to establishing the accident prevention course internet technology
pilot program, in relation to the effectiveness of such program

 PURPOSE :

This bill would sunset the Internet Point Insurance Reduction Program
on September 1, 2015 and immediately prohibit the commissioner of
motor vehicles from approving any additional accident prevention
courses or defensive driving programs conducted over the internet
only.

 SUMMARY OF PROVISIONS :

Section 1. States that the commissioner of motor vehicles shall not
approve any additional defensive driving programs or defensive driving
courses conducted only over the internet or through other
technologies. It further requires that on or before September 1, 2015,
all fees received but not yet expended by the department under the
Internet Point Insurance Reduction Program be returned to the
possession of the state comptroller and the commissioner of taxation
and finance.

              

Section 2. Repeals Article 12-C of the vehicle and traffic law on
September 1, 2015 and provides that any rules and regulations
necessary to implement the provisions of this act on its effective
date are authorized and directed to be completed on or before such
date.

Section 3. Effective Date

 EXISTING LAW :

Article 12-C of the Vehicle and Traffic Law establishes the Accident
Prevention Course Internet and Other Technology Pilot Program

 JUSTIFICATION :

This legislation would immediately direct the commissioner of motor
vehicles not to approve additional accident prevention course and
defensive driving programs taken over the internet and sunsets the
Internet Point Insurance Reduction Program on September 1, 2015. The
bill allows only accident prevention or defensive driving courses
delivered in classrooms with certified instructors present, promoting
the proper identification of students registering for and completing
such courses. The physical presence of a certified instructor would
also facilitate the clarification of any questions or issues rising
from course content.

Successful completion of the course results in a reduction in the
participant)s insurance premiums (10% for three years) and, in most
cases, a violation point reduction. There is no real evidence that the
Internet Point Insurance Reduction Program courses available to New
York drivers actually improve driving behavior, skills or accident
rates and consequently should not be promoted by the State as a way to
significantly enhance highway safety. On the contrary, state sponsored
studies show that these internet-based courses have no measurable
positive impact on driver improvement.

Successful completion of accident prevention courses requires the
participants to attend these classes in person. The Internet Point
Insurance Reduction Program should be suspended until it can be
credibly demonstrated that participant identification can be reliably
verified and that taking these courses actually improves driver safety
and warrants significant insurance and point reduction benefits.
Currently, all approved Internet Point Insurance Reduction Program
sponsors are also required to provide classroom instructed courses so
there will still be such opportunities for drivers to obtain insurance
and point reduction benefits by taking effective courses.

Additionally, the State Senate provides its members and staff with the
opportunity to attend the Defensive Driving Course. Successful
completion of the course requires the participants to attend in
person. It seems reasonable that if the State Senate requires
in-person attendance of its employees, then State Statute should
require in-person attendance for all defensive driving course
participants as well.

 LEGISLATIVE HISTORY :

2014-2013 - S.382A - Referred to Transportation/A.8663 - Referred to
Transportation
2012: S.290 - Referred to Transportation
2011: S.290 - Notice of Committee Consideration Requested; Discharged
from Transportation and Committed to Insurance
2010-2009: S.2172A - Amended and Recommitted to Transportation/A.324 -
Enacting Clause Stricken

 FINANCIAL IMPLICATION: TO STATE AND LOCAL GOVERNMENTS :

To be determined

 EFFECTIVE DATE :
Immediately