S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1374--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. SIMON, MOSLEY, BLAKE, NIOU, GALEF, COOK, DAVILA,
   RICHARDSON, BICHOTTE, D'URSO, B. MILLER, DICKENS, TAYLOR, BUTTENSCHON,
   JAFFEE, McDONOUGH, LAWRENCE, GRIFFIN, GOTTFRIED, SEAWRIGHT,  WILLIAMS,
   ORTIZ,  SAYEGH,  WALCZYK,  REYES  --  Multi-Sponsored  by  -- M. of A.
   BUCHWALD, M. L. MILLER, WALSH -- read once and referred to the Commit-
   tee on Transportation -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
   relation to instruction concerning traffic stops
 
   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 355 of
 the laws of 2017, 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", "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,  THE
 RESPONSIBILITIES  OF  A DRIVER WHEN STOPPED BY A LAW ENFORCEMENT OFFICER
 and such other matters as the commissioner may prescribe, and to  satis-
 factorily  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 there-
 of. Such test shall include at least seven written questions  concerning
 the  effects  of  consumption  of  alcohol  or drugs on the ability of a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00931-03-9

 A. 1374--A                          2
 
 person to operate a motor vehicle and the  legal  and  financial  conse-
 quences  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, threatening or inter-
 fering with the lawful conduct of another person legally using the road-
 way. Such test shall include one or more questions concerning the poten-
 tial  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 THE RESPONSIBILITIES OF A DRIV-
 ER WHEN STOPPED BY A LAW ENFORCEMENT OFFICER. Such test shall be  admin-
 istered  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.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (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" awareness
 component as described in paragraph (c-3) of  this  subdivision,  AND  A
 TRAFFIC  STOP  INSTRUCTION  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
 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.
   § 3. Subdivision 4 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (c-4) to read as follows:
   (C-4)  TRAFFIC  STOP INSTRUCTION COMPONENT. (I) THE COMMISSIONER SHALL
 PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF  THIS
 SUBDIVISION,  A  MANDATORY  COMPONENT  IN  TRAFFIC STOP INSTRUCTION AS A
 PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE  A  MOTOR  VEHICLE.  THE
 PURPOSE  OF THIS COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON HIS OR
 HER RESPONSIBILITIES WHEN STOPPED BY A LAW ENFORCEMENT OFFICER.
   (II) THE COMMISSIONER SHALL ESTABLISH A  CURRICULUM  FOR  THE  TRAFFIC
 STOP  INSTRUCTION  COMPONENT  WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
 INSTRUCTION DESCRIBING APPROPRIATE ACTIONS TO BE TAKEN BY DRIVERS DURING
 TRAFFIC STOPS AND APPROPRIATE INTERACTIONS WITH LAW ENFORCEMENT OFFICERS
 WHO INITIATE TRAFFIC STOPS. THE CURRICULUM SHALL ALSO EXPLAIN A DRIVER'S

 A. 1374--A                          3
 
 RESPONSIBILITIES WHEN STOPPED BY A LAW  ENFORCEMENT  OFFICER,  INCLUDING
 MOVING  THE VEHICLE ONTO THE SHOULDER OF THE HIGHWAY OR, WHERE THE HIGH-
 WAY HAS NO SHOULDER, AN AREA ADJACENT TO THE HIGHWAY WHERE  THE  VEHICLE
 CAN SAFELY BE STOPPED DURING A TRAFFIC STOP; TURNING OFF THE MOTOR VEHI-
 CLE'S  ENGINE AND RADIO; AVOIDING SUDDEN MOVEMENTS AND KEEPING THE DRIV-
 ER'S HANDS IN PLAIN VIEW OF THE OFFICER. THE COMMISSIONER IS  AUTHORIZED
 TO  COLLABORATE  WITH THE DIVISION OF STATE POLICE AND NON-PROFIT ORGAN-
 IZATIONS FOCUSING ON DEFENDING OR  PROMOTING  CIVIL  LIBERTIES  AND  ANY
 OTHER  AGENCIES OR ORGANIZATIONS SHE OR HE DEEMS NECESSARY IN ESTABLISH-
 ING THE CURRICULUM.
   § 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:
   (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 IN TRAFFIC  STOPS  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.
   § 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 IN TRAFFIC STOPS 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.

 A. 1374--A                          4
 
   §  6. This act shall take effect one year after it shall have become a
 law; provided that the amendments to subsection (a) of section  2336  of
 the  insurance  law,  made by section four of this act, shall not affect
 the expiration and reversion of such  subsection  and  shall  be  deemed
 repealed  therewith,  when upon such date section five of this act shall
 take effect.  Effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and completed on or before such effective date.