S T A T E O F N E W Y O R K
________________________________________________________________________
9942
I N A S S E M B L Y
February 27, 2018
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to adding a
bicycle and pedestrian 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,
subparagraph (i) of paragraph (a) as amended by chapter 97 of the laws
of 2016 and paragraphs (b) and (d) as amended by chapter 585 of the laws
of 2002, are amended and a new paragraph (c-3) 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", 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, BICYCLE AND PEDESTRIAN 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 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 result-
ing from violations of section eleven hundred ninety-two of this chap-
ter, prohibiting the operation of a motor vehicle while under the influ-
ence of alcohol or drugs. Such test shall include one or more written
questions concerning the devastating effects of "Road Rage" on the abil-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09753-03-8
A. 9942 2
ity of a person to operate a motor vehicle and the legal and financial
consequences resulting from assaulting, threatening 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 ques-
tions 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 QUES-
TIONS CONCERNING BICYCLE AND PEDESTRIAN 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 "BICYCLE AND PEDESTRIAN
SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-3) OF THIS SUBDIVISION,
the commissioner shall cause the applicant to take a road test in a
representative vehicle of a type prescribed by the commissioner which
shall be appropriate to the type of license for which application 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-3) "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE COMMISSIONER
SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
TY" 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 POTENTIAL DANGERS TO PEDESTRIANS, BICYCLISTS, IN-LINE
SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED VEHICLES
CREATED BY MOTOR VEHICLES.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE LIMITED
TO: SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED
TWO-A OF THIS CHAPTER AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS, HOW TO NAVIGATE AN
INTERSECTION WITH PEDESTRIANS AND CYCLISTS, EXITING A VEHICLE WITHOUT
ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN ON THE
ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
(III) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
(d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will be given,
instructional handbooks outlining the content of the entire curriculum
A. 9942 3
of the pre-licensing course including the information required to be
included in the course pursuant to paragraphs (c), (c-1) [and], (c-2)
AND (C-3) of this subdivision. The commissioner shall also provide for
the additional training of the instructors necessary for the competent
instruction of the alcohol and drug education [and], "Road Rage" aware-
ness [and], "Work Zone Safety" awareness AND "BICYCLE AND PEDESTRIAN
SAFETY" subject matters of the pre-licensing course.
§ 2. 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 paragraph
(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, BICYCLE
AND PEDESTRIAN 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 classroom driver training and highway safety instruction
or the equivalent thereof. Such test shall include at least seven writ-
ten 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 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 MAY INCLUDE ONE OR MORE QUESTIONS CONCERNING BICYCLE AND PEDESTRIAN
SAFETY. Such test shall be administered by the commissioner. The commis-
sioner 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 "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH
(C-4) OF THIS SUBDIVISION, the commissioner shall cause the applicant to
A. 9942 4
take a road test in a representative vehicle of a type prescribed by the
commissioner which shall be appropriate to the type of license for which
application 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) "BICYCLE AND PEDESTRIAN SAFETY" COMPONENT. (I) THE COMMISSIONER
SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF
THIS SUBDIVISION, A MANDATORY COMPONENT IN "BICYCLE AND PEDESTRIAN SAFE-
TY" 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 POTENTIAL DANGERS TO PEDESTRIANS, BICYCLISTS, IN-LINE
SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED VEHICLES
CREATED BY MOTOR VEHICLES.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE LIMITED
TO: SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED
TWO-A OF THIS CHAPTER AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS, HOW TO NAVIGATE AN
INTERSECTION WITH PEDESTRIANS AND CYCLISTS, EXITING A VEHICLE WITHOUT
ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN ON THE
ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
(III) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
(d) The commissioner shall make available for distribution upon regis-
tration at each location where the pre-licensing course will be given,
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
"BICYCLE AND PEDESTRIAN SAFETY" subject matters of the pre-licensing
course.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments made to section 502 of
the vehicle and traffic law made by section two of this act shall take
effect on the same date and in the same manner as chapter 355 of the
laws of 2017, takes effect.