The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5084--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, EPSTEIN, MITAYNES, SEAWRIGHT, DINOW-
   ITZ, GOTTFRIED,  GALEF,  MAMDANI,  FAHY,  McMAHON,  JACKSON,  FORREST,
   SILLITTI,  KELLES,  SIMON,  CARROLL,  GONZALEZ-ROJAS, CLARK, RAJKUMAR,
   OTIS, THIELE, GLICK, FRONTUS, CRUZ -- Multi-Sponsored by -- M.  of  A.
   BRAUNSTEIN  --  read once and referred to the Committee on Transporta-
   tion -- 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 committee
 
 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.  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) and paragraph (d) as amended by chap-
 ter 513 of the laws of 2019 and paragraph (b) as amended by  chapter  25
 of  the  laws of 2022, are amended and a new paragraph (c-5) 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03118-04-2

 A. 5084--A                          2
 
 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
 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  MAY  INCLUDE ONE OR MORE QUESTIONS CONCERNING PEDESTRIAN AND
 BICYCLIST 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  applica-
 tion 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, 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.  Provided, however, that the term "repre-
 sentative  vehicle" shall not include a three-wheeled motor vehicle that
 has two wheels situated in the front and one wheel in the  rear,  has  a
 steering  mechanism  and  seating which does not require the operator to
 straddle or sit astride, is equipped with safety belts for all occupants
 and is manufactured to comply with federal motor vehicle  safety  stand-
 ards  for motorcycles including, but not limited to, 49 C.F.R. part 571.
 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 hear-
 ing.
   (C-5) "PEDESTRIAN AND BICYCLIST SAFETY" AWARENESS COMPONENT.  (I)  THE
 COMMISSIONER  SHALL  PROVIDE  IN  THE PRE-LICENSING COURSE, SET FORTH IN
 A. 5084--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.
   (II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "PEDESTRIAN
 AND BICYCLIST SAFETY" AWARENESS COMPONENT WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO:  AN OVERVIEW OF TRAFFIC LAWS GOVERNING MOTOR VEHICLE  OPERA-
 TORS'  DUTY  TO  EXERCISE DUE CARE WITH RESPECT TO PEDESTRIANS AND BICY-
 CLISTS, INCLUDING BUT NOT  LIMITED  TO  UNDERSTANDING  PEDESTRIANS'  AND
 BICYCLISTS'  NEEDS  AND  REDUCED VISIBILITY, RESPECTING PEDESTRIANS' AND
 BICYCLISTS' RIGHTS OF WAY, SAFE OPERATION  NEAR  PEDESTRIANS  AND  BICY-
 CLISTS,  INCLUDING CHILDREN AND BLIND, DEAF, ELDERLY AND DISABLED PEDES-
 TRIANS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED  TWO-A  OF  THIS
 CHAPTER,  SAFELY  OVERTAKING A PEDESTRIAN OR A BICYCLIST, THE DANGERS OF
 DISTRACTED DRIVING, DRIVING AT APPROPRIATE REDUCED SPEEDS  WHEN  SPECIAL
 HAZARDS EXIST WITH RESPECT TO PEDESTRIANS AND BICYCLISTS SUCH AS 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, ROADWAY
 DESIGNS AND TRAFFIC CALMING MEASURES RELATED TO  PEDESTRIANS  AND  BICY-
 CLISTS.
   (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,  OTHER  LOCAL  LAW  ENFORCEMENT AND HIGHWAY SAFETY OFFICIALS,
 MEDICAL PROFESSIONALS, BICYCLE AND PEDESTRIAN SAFETY ADVOCATES, AND  ANY
 OTHER  GROUP  THAT THE COMMISSIONER BELIEVES CAN CONTRIBUTE TO A COMPRE-
 HENSIVE PRESENTATION OF THE ISSUE.
   (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. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.