Senate Bill S7205

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7205
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   instruction  in bicycle and scooter 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 "BICYCLE AND SCOOTER
 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  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
 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
 person  to  operate  a  motor vehicle and the legal and financial conse-
 quences resulting from violations of section eleven  hundred  ninety-two
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08789-01-1

 S. 7205                             2
 
 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  may
 include  one  or  more questions concerning school bus safety. SUCH TEST
 SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW TO SAFELY  OPERATE  A
 BICYCLE,  A  BICYCLE  WITH ELECTRIC ASSIST OR AN ELECTRIC SCOOTER 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
 TRAFFIC LAWS GOVERNING BICYCLES, BICYCLES WITH ELECTRIC ASSIST AND ELEC-
 TRIC SCOOTERS. 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.
   (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 "BICYCLE AND SCOOTER SAFETY" AWARENESS COMPO-
 NENT  AS  DESCRIBED  IN PARAGRAPH (C-5) OF THIS SUBDIVISION, the commis-
 sioner shall cause the applicant to take a road test in a representative
 vehicle of a type prescribed by the commissioner which shall  be  appro-
 priate to the type of license for which application is made, except that
 the commissioner may waive the road test requirements for certain class-
 es  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-5)  "BICYCLE  AND  SCOOTER  SAFETY"  AWARENESS  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
 SCOOTER  SAFETY"  AWARENESS  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, AND SCOOTER OPERATORS CREATED BY MOTOR VEHICLES. THE PURPOSE
 IS ALSO TO EDUCATE BICYCLISTS AND SCOOTER OPERATORS ON  THEIR  RESPONSI-
 BILITIES TO ADHERE TO TRAFFIC LAWS.

 S. 7205                             3
 
   (II)  THE  CURRICULUM  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, AN
 OVERVIEW OF TRAFFIC LAWS  GOVERNING  BICYCLES,  BICYCLES  WITH  ELECTRIC
 ASSIST  AND  ELECTRIC SCOOTERS, THE SAFE OPERATION OF BICYCLES, BICYCLES
 WITH ELECTRIC ASSIST AND ELECTRIC SCOOTERS, 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, SCOOTER OPERATORS 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 "BICYCLE  AND  SCOOTER  SAFETY"
 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.