BILL NUMBER: S8667                 Revised 4/21/2022

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to additional
requirements for licensing certain drivers and motorcyclists

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that all driver or motorcycle license applicants in the state
take at least six hours of supervised in-car instruction with a profes-
sional licensed driving instructor.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph (c ) of subdivision two of section 502 of
the Vehicle and Traffic Law to require that all Class D or M license
applicants eighteen years of age or older have at least six hours road
experience under the supervision of a driving school instructor prior to
taking a road test.

              

Section two amends subdivision two of section 502 of the Vehicle and
Traffic Law to add a new paragraph (e) to require the same of Class DJ
or MJ license applicants.

Section three amends subdivision four of section 502 of the Vehicle and
Traffic Law to add a new paragraph (i) to establish a supervised driver
training certificate fee, to be paid by the driving school, to serve as
proof of the requirements provided in sections one and two of the bill.

Section four amends subdivision 7-a of section 394 of the Vehicle and
Traffic Law to make conforming changes.

Section five sets the effective date.

 
JUSTIFICATION:

Section 502 of the Vehicle and Traffic Law sets the age and training
requirements for aspiring drivers and motorcyclists across various
license classifications. The most common drivers license, Class D, is
the default license for all drivers age 18 and over, or age 17 with
drivers education. License applicants for Class D are simply required to
bring proof of having taken a five-hour pre-licensing classroom course
as well as a valid learners permit to their road test. The Class DJ, or
Junior Operator, is available to drivers age 16 or 17 outside of New
York City or Long Island. Class DJ license applicants are subject to
restricted hours, fewer passengers, and higher penalties for traffic
infractions than adult Class D drivers. Class DJ license applicants must
also present a "Certification of Supervised Driving Form," signed by a
parent or guardian, certifying that the applicant has had at least 50
hours of supervised driving practice, including at least 15 hours at
night and at least 10 in moderate to heavy traffic, prior to taking a
road test. While the NYS Department of Motor Vehicles (DMV) heavily
recommends that drivers of all ages practice driving prior to a test,
there is nothing in statute or regulation to actually require this
on-road experience.


This bill would require that all Class D or DJ license applicants have
at least six hours experience operating a motor vehicle under the super-
vision of a professional driving school instructor prior to taking a
road test. This bill would also include Class M or MJ motorcycle license
applicants, who are subject to the same five-hour course and unenforcea-
ble affidavit as Class D and DJ drivers. It does not include Class D
license applicants who are age 17 or younger, as they will already have
been required to take drivers education in order to apply for a Class D
license at such a young age.

Already enacted in other states such as Louisiana, Maryland, and Connec-
ticut, legislation to require some road experience however minimal has
the potential to greatly improve street safety by elevating the skill
and awareness levels of drivers of all ages. This professional in-car
instruction would allow driving school instructors to teach such crit-
ical skills as how to share the road with pedestrians, bicyclists, and
commercial vehicles as well as handle intersections, lane changes, and
an area's regional traffic issues in a way that simply cannot be demon-
strated online or in a classroom. In-car instruction would also ensure
that many basic concepts of the learners permit test and five-hour pre-
licensing course have actually been absorbed, and it will allow driving
schools to respond in real time to street safety priorities that develop
but are not yet included in DMV regulations or prescribed course curric-
ula.

Mandatory road instruction would also allow drivers to receive feedback
on their driving levels and areas needing improvement in advance of
taking a road test, improving pass rates and better securing the safety
of DMV examiners. In requiring that new drivers have some amount of
practical experience prior to taking a road test, New York can follow
the lead of other states in ensuring that its aspiring motorists are as
prepared as they can possibly be to safely share our public roadways.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.