S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7881
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to establishing the  for-
   hire motor vehicle safety program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The insurance law is amended by adding a new  section  2353
 to read as follows:
   §  2353.  FOR-HIRE MOTOR VEHICLE SAFETY PROGRAM; REDUCTION IN RATES OF
 CERTAIN COMMERCIAL RISK INSURANCE PREMIUMS FOR MOTOR VEHICLES.  (A)  FOR
 THE  PURPOSES  OF THIS SECTION, AN ASSOCIATION SHALL MEAN AN ASSOCIATION
 WHERE ALL THE ELIGIBLE MEMBERS OF THE ASSOCIATION HAVE THE SAME  PROFES-
 SION,  TRADE,  OR OCCUPATION, AND THE ASSOCIATION HAS BEEN ORGANIZED AND
 MAINTAINED IN GOOD FAITH FOR PURPOSES PRINCIPALLY  OTHER  THAN  THAT  OF
 OBTAINING  INSURANCE,  AND HAS BEEN IN ACTIVE EXISTENCE FOR AT LEAST TWO
 YEARS.
   (B) AN ASSOCIATION REPRESENTING MOTOR VEHICLES ENGAGED IN THE BUSINESS
 OF CARRYING OR TRANSPORTING PASSENGERS FOR-HIRE, HAVING A SEATING CAPAC-
 ITY OF NOT LESS THAN EIGHT PASSENGERS, SHALL BE AUTHORIZED TO CREATE AND
 IMPLEMENT A COMPREHENSIVE EDUCATIONAL PROGRAM DESIGNED TO  ADVANCE  FOR-
 HIRE MOTOR VEHICLE SAFETY, WHICH PROVIDES FOR THE TRAINING OF ALL OPERA-
 TORS  IN  THE SAFE OPERATION OF FOR-HIRE MOTOR VEHICLES, EDUCATION ABOUT
 SAFETY EQUIPMENT THAT CAN ENHANCE THE SAFE OPERATION  OF  VEHICLES,  AND
 TRAINING  RELATED  TO  PASSENGER SAFETY. SUCH PROGRAM SHALL INCLUDE, BUT
 NOT BE LIMITED TO, INSTRUCTION WHICH  ADDRESSES  THE  FOLLOWING  SUBJECT
 AREAS:
   (1) THE CONCEPT OF COLLISION PREVENTION, INCLUDING A DISCUSSION OF THE
 FACTORS INVOLVED IN TRAFFIC SITUATIONS;
   (2)  ALCOHOL  AND  DRUG  USE AS A CONTRIBUTING FACTOR IN MOTOR VEHICLE
 COLLISIONS;
   (3) ACCIDENT PREVENTION TECHNIQUES;
   (4) THE USE OF OCCUPANT RESTRAINTS;
   (5) THE RISK FACTORS INVOLVED IN DRIVER ATTITUDE AND BEHAVIOR SUCH  AS
 SPEEDING, RECKLESS AND AGGRESSIVE DRIVING, AND IMPROPER LANE USE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15096-06-0

 S. 7881                             2
 
   (6) TRAFFIC LAWS IN NEW YORK STATE;
   (7) PHYSICAL AND MENTAL CONDITION OF DRIVERS;
   (8) CONDITIONS AND STRATEGIES OF DRIVING;
   (9)  SAFE DRIVING TECHNIQUES IN HAZARDOUS WEATHER CONDITIONS INCLUDING
 RAIN, WIND, SNOW, ICE, SLEET AND FOG;
   (10) EQUIPMENT THAT CAN ENHANCE THE SAFE OPERATION OF VEHICLES; AND
   (11) PASSENGER SAFETY INCLUDING BUT NOT LIMITED  TO  RECOMMENDING  THE
 USE  OF  SEAT  BELTS  TO PASSENGERS, WARNING PASSENGERS TO EXERCISE CARE
 WHEN BOARDING AND EXITING A VEHICLE AND NOTIFYING PASSENGERS OF EMERGEN-
 CY EXITS IF APPLICABLE.
   (C) THE ASSOCIATION DESCRIBED IN SUBSECTION (B) OF THIS SECTION  SHALL
 PROVIDE  A  CERTIFICATE  TO MEMBERS OF SUCH ASSOCIATION WHO SUCCESSFULLY
 COMPLETE A COURSE OF INSTRUCTION ON FOR-HIRE VEHICLE SAFETY  AS  AUTHOR-
 IZED PURSUANT TO THIS SECTION.
   (D)  THE  SUPERINTENDENT  SHALL PROVIDE FOR AN ACTUARIALLY APPROPRIATE
 REDUCTION FOR A PERIOD OF THREE YEARS  IN  THE  RATES  OF  PREMIUMS  FOR
 COMMERCIAL  RISK  INSURANCE  APPLICABLE TO MOTOR VEHICLES ENGAGED IN THE
 BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR-HIRE, HAVING A SEAT-
 ING CAPACITY OF NOT LESS  THAN  EIGHT  PASSENGERS,  FOR  EACH  TRIENNIAL
 COMPLETION  OF  A COURSE OF INSTRUCTION ON FOR-HIRE MOTOR VEHICLE SAFETY
 AS AUTHORIZED PURSUANT TO THIS SECTION.  THE SUPERINTENDENT SHALL EVALU-
 ATE AND APPROVE ANY FOR-HIRE VEHICLE SAFETY PROGRAM CREATED PURSUANT  TO
 THIS SECTION WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   (E)  AN  AUTHORIZED INSURER SHALL, UPON SUBMISSION OF A CERTIFICATE BY
 AN INSURED EVIDENCING THAT  SUCH  INSURED  HAS  COMPLETED  A  COURSE  OF
 INSTRUCTION  ON  FOR-HIRE MOTOR VEHICLE SAFETY AS AUTHORIZED PURSUANT TO
 THIS SECTION, PROVIDE AN ACTUARIALLY APPROPRIATE REDUCTION, FOR A PERIOD
 OF THREE YEARS, OF THE PREMIUM FOR SUCH INSURED'S COMMERCIAL RISK INSUR-
 ANCE APPLICABLE TO MOTOR VEHICLES ENGAGED IN THE BUSINESS OF CARRYING OR
 TRANSPORTING PASSENGERS FOR-HIRE, HAVING A SEATING CAPACITY OF NOT  LESS
 THAN EIGHT PASSENGERS.
   (F) THE SUPERINTENDENT MAY PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall apply to all
 policies issued, renewed, modified, altered or amended on or  after  the
 sixtieth day following the effective date of this act.