S T A T E O F N E W Y O R K
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5974--A
Cal. No. 211
2017-2018 Regular Sessions
I N S E N A T E
May 9, 2017
___________
Introduced by Sens. PHILLIPS, RITCHIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
recommitted to the Committee on Transportation in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the vehicle and traffic law, in relation to adding a
school bus safety component to the pre-licensing driver's education
course
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) and paragraphs (b) and
(d) of subdivision 4 of section 502 of the vehicle and traffic law, as
amended by chapter 355 of the laws of 2017, are amended and a new para-
graph (c-4) is added 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", "Work Zone Safety"
awareness and "Motorcycle Safety" awareness as defined by the commis-
sioner, the law relating to exercising due care to avoid colliding with
a parked, stopped or standing authorized emergency vehicle or hazard
vehicle pursuant to section eleven hundred forty-four-a of this chapter,
the ability to read and comprehend traffic signs and symbols, SCHOOL BUS
SAFETY and such other matters as the commissioner 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 class-
room driver training and highway safety instruction or the equivalent
thereof. Such test shall include at least seven written questions
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11294-02-8
S. 5974--A 2
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 nine-
ty-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 assaulting, threat-
ening or interfering with the lawful conduct of another 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 motorcycle safety. Such test
may include one or more questions concerning the law for exercising due
care to avoid colliding with a parked, stopped or standing vehicle
pursuant to section eleven hundred forty-four-a of this chapter. SUCH
TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING SCHOOL BUS SAFETY.
Such test shall be administered by the commissioner. The commissioner
shall cause the applicant to take a vision test and a test for color
blindness. Upon passage of the vision test, the application may be
accepted and the application fee shall be payable.
(b) Upon successful completion of the requirements set forth in para-
graph (a) of this subdivision which shall include an alcohol and drug
education component as described in paragraph (c) of this subdivision, a
"Road Rage" awareness component as described in paragraph (c-1) of this
subdivision and a "Work Zone Safety" awareness component as described in
paragraph (c-2) of this subdivision, [and] a "Motorcycle Safety" aware-
ness component as described in paragraph (c-3) of this subdivision, AND
A "SCHOOL BUS SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-4) OF THIS
SUBDIVISION the commissioner shall cause the applicant to take a road
test in a representative vehicle of a type prescribed by the commission-
er which shall be appropriate to the type of license for which applica-
tion is made, except that the commissioner may waive the road test
requirements for certain classes of applicants. The commissioner shall
have the power to establish a program to allow persons other than
employees of the department to conduct road tests in representative
vehicles when such tests are required for applicants to obtain a class
A, B or C license. If she chooses to do so, she shall set forth her
reasons in writing and conduct a public hearing on the matter. She shall
only establish such a program after holding the public hearing.
(C-4) "SCHOOL BUS SAFETY" COMPONENT. (I) THE COMMISSIONER SHALL
PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS
SUBDIVISION, A MANDATORY COMPONENT IN "SCHOOL BUS SAFETY" EDUCATION AS A
PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE. THE
PURPOSE OF THE COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON THE
DANGERS OF PASSING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS CHAPTER, TO REDUCE THE NUMBER OF SUCH INCIDENTS,
AND TO PROMOTE SCHOOL BUS SAFETY.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "SCHOOL BUS
SAFETY" COMPONENT WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, AN
OVERVIEW OF TRAFFIC LAWS GOVERNING OVERTAKING AND PASSING SCHOOL BUSES,
SPECIFICALLY SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
(III) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION.
(d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will be given,
S. 5974--A 3
instructional handbooks outlining the content of the entire curriculum
of the pre-licensing course including the information required to be
included in the course pursuant to paragraphs (c), (c-1), (c-2) [and],
(c-3) AND (C-4) of this subdivision. The commissioner shall also provide
for the additional training of the instructors necessary for the compe-
tent instruction of the alcohol and drug education, "Road Rage" aware-
ness, "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness
AND "SCHOOL BUS SAFETY" subject matters of the pre-licensing course.
§ 2. This act shall take effect on the same date and in the same
manner as chapter 355 of the laws of 2017, takes effect.
