The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7828--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2019
                               ___________

Introduced by M. of A. ORTIZ, D'URSO, CRUZ, COLTON, JEAN-PIERRE, SAYEGH,
  FRONTUS,  JAFFEE,  GOTTFRIED,  SIMON,  DenDEKKER,  SMULLEN, DeSTEFANO,
  MANKTELOW, LAWRENCE, McDONOUGH, B. MILLER, PICHARDO -- Multi-Sponsored
  by -- M. of A. GALEF -- read once and referred  to  the  Committee  on
  Transportation  --  recommitted  to the Committee on Transportation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  instruction  in pedestrian and bicyclist safety as part of the drivers
  pre-licensing course

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
of  the vehicle and traffic law, paragraph (a) as amended by chapter 585
of the laws of 2002, subparagraph (i) of paragraph  (a)  and  paragraphs
(b)  and  (d) as amended by chapter 513 of the laws of 2019, are amended
and a new paragraph (c-5) is added to read as follows:
  (a) (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 AND "PEDESTRIAN AND BICY-
CLIST  SAFETY"  AWARENESS  as  defined  by the commissioner, "School Bus
Safety" awareness, the law relating to  exercising  due  care  to  avoid
colliding  with a parked, stopped or standing authorized emergency vehi-
cle or hazard vehicle pursuant to section eleven hundred forty-four-a of
this chapter, the ability to  read  and  comprehend  traffic  signs  and
symbols and such other matters as the commissioner may prescribe, and to
satisfactorily  complete  a course prescribed by the commissioner of not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11203-09-0

A. 7828--A                          2

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
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  may  include  one  or more questions concerning school bus safety.
SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW  TO  SAFELY
PASS  A  BICYCLIST  ON THE ROAD AND ONE OR MORE QUESTIONS CONCERNING THE
DANGERS OF MOTOR VEHICLES TO BICYCLISTS AND PEDESTRIANS AND ONE OR  MORE
QUESTIONS  CONCERNING THE LAW FOR EXERCISING DUE CARE TO AVOID COLLIDING
WITH A BICYCLIST, PEDESTRIAN OR  DOMESTIC  ANIMAL  PURSUANT  TO  SECTION
ELEVEN  HUNDRED  FORTY-SIX  OF THIS CHAPTER. Such test shall be adminis-
tered 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.
  (ii) The commissioner shall promulgate rules  and  regulations  estab-
lishing  eligibility  standards  for the taking and passing of knowledge
tests in other than written form.
  (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, a "Motorcycle Safety" awareness
component as described in paragraph (c-3) of this subdivision,  [and]  a
"School  Bus Safety" awareness component as described in paragraph (c-4)
of this subdivision, AND A "PEDESTRIAN AND BICYCLIST  SAFETY"  AWARENESS
COMPONENT  AS  DESCRIBED  IN  PARAGRAPH  (C-5)  OF THIS SUBDIVISION, the
commissioner shall cause the applicant to take a road test in  a  repre-
sentative  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 depart-
ment  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-5)  "PEDESTRIAN  AND BICYCLIST SAFETY" AWARENESS COMPONENT. (I) THE
COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING  COURSE,  SET  FORTH  IN

A. 7828--A                          3

PARAGRAPH  (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN "PEDESTRIAN
AND BICYCLIST SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR  OBTAIN-
ING  A  LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT
IS  TO  EDUCATE PROSPECTIVE LICENSEES ON THE POTENTIAL DANGERS TO PEDES-
TRIANS, BICYCLISTS, AND OTHER NON-MOTORIZED VEHICLES  CREATED  BY  MOTOR
VEHICLES.
  (II)  THE  CURRICULUM  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, AN
OVERVIEW OF TRAFFIC LAWS GOVERNING  MOTOR  VEHICLE  OPERATORS'  DUTY  TO
EXERCISE  DUE CARE WITH RESPECT TO PEDESTRIANS AND BICYCLISTS, INCLUDING
BUT NOT LIMITED TO UNDERSTANDING BICYCLISTS' AND PEDESTRIANS' NEEDS  AND
REDUCED  VISIBILITY,  RESPECTING  BICYCLISTS' AND PEDESTRIANS' RIGHTS OF
WAY, SAFE OPERATION NEAR BICYCLISTS AND PEDESTRIANS, INCLUDING  CHILDREN
AND  BLIND,  DEAF,  ELDERLY  AND  DISABLED PEDESTRIANS, BICYCLE LANES AS
DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS CHAPTER, SAFELY  OVERTAKING
A  BICYCLE,  THE  DANGERS  OF DISTRACTED DRIVING, DRIVING AT APPROPRIATE
REDUCED SPEEDS WHEN SPECIAL HAZARDS EXIST WITH RESPECT TO PEDESTRIANS OR
OTHER WEATHER OR HIGHWAY CONDITIONS, SAFELY TURNING, STOPPING, STANDING,
AND PARKING, MOTOR VEHICLE OPERATORS' OBLIGATIONS TO COMPLY WITH ARTICLE
TWENTY-TWO OF THIS CHAPTER, AND TRAFFIC  CONTROL  DEVICES  AND  MARKINGS
RELATED TO BICYCLISTS AND PEDESTRIANS.
  (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF THE STATE
POLICE, THE COMMISSIONERS OF TRANSPORTATION AND POLICE OF  THE  CITY  OF
NEW  YORK, MEDICAL PROFESSIONALS AND BICYCLE AND PEDESTRIAN SAFETY ADVO-
CATES.
  (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), (c-3)
[and], (c-4) AND (C-5) 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, "Road Rage"
awareness, "Work Zone Safety" awareness, "Motorcycle  Safety"  awareness
[and], "School Bus Safety" awareness AND "PEDESTRIAN AND BICYCLIST SAFE-
TY" AWARENESS subject matters of the pre-licensing course.
  § 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided, however, that if chapter 513 of
the laws of 2019 shall not have taken effect on or before such date then
section one of this act shall take effect on the same date  and  in  the
same manner as such chapter of the laws of 2019 takes effect.