NY State Senate Bill S1078A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2022	signed chap.379
Jul 11, 2022	delivered to governor
May 23, 2022	returned to senate passed assembly ordered to third reading rules cal.298 substituted for a5084a
May 16, 2022	referred to transportation delivered to assembly passed senate
May 05, 2022	amended on third reading 1078b
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.412
Jan 05, 2022	referred to transportation returned to senate died in assembly
May 20, 2021	referred to transportation delivered to assembly passed senate
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.761
Feb 02, 2021	print number 1078a
Feb 02, 2021	amend and recommit to transportation
Jan 06, 2021	referred to transportation

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S1078 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S5228

S1078 - Summary

Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course.

S1078 - Sponsor Memo

 
BILL NUMBER: S1078

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding laws related to pedestrian and bicyclist safety awareness
to the eligible topics that applicants for a driver's license can be
tested on during their written examination for a driver's license. The

Section also requires for at least three questions to be included on the
examination related to how to safely pass a bicyclist on the road, the
dangers of motor vehicles to bicyclists and pedestrians and the law for
exercising due care to avoid colliding with a bicyclist, pedestrian or
domestic animal.

The section also adds a new paragraph, (c-5), which makes pedestrian and
bicyclist safety awareness a mandatory component of the pre-licensing
course for applicants for a driver's license. The added curriculum to
the pre-licensing course will include an overview of traffic laws
governing motor vehicle operators' duty to exercise due care with
respect to pedestrians and bicyclists. The Commissioner of the Depart-
ment of Motor Vehicles will consult with the Commissioner of Transporta-
tion, the Superintendent of the State Police, the Commissioners of
Transportation and Police of the City of New York, medical professions
and bicycle and pedestrian safety advocates when developing the new
curriculum.

Finally, the section requires pedestrian and bicyclist safety awareness
to be added to the DMV instruction handbook.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:;

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our State. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our State.

 
FISCAL IMPLICATIONS:

TBD

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

S1078 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1078
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. GOUNARDES, BIAGGI, MAY, MYRIE, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Transportation
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03118-01-1

 S. 1078                             2
 
 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
 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-

 S. 1078                             3
 
 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.

Co-Sponsors

view additional co-sponsors

S1078A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S5228

S1078A - Summary

Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course.

S1078A - Sponsor Memo

 
BILL NUMBER: S1078A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding laws related to pedestrian and bicyclist safety awareness
to the eligible topics that applicants for a driver's license can be
tested on during their written examination for a driver's license. The

section also requires at least one question to be included on the exam-
ination related to how to safely pass a bicyclist on the road, the
dangers of motor vehicles to bicyclists and pedestrians and the law for
exercising due care to avoid colliding with a bicyclist, pedestrian or
domestic animal.

The section also adds a new paragraph, (c-5), which makes pedestrian and
bicyclist safety awareness a mandatory component of the pre-licensing
course for applicants for a driver's license. The added curriculum to
the pre-licensing course will include an overview of traffic laws
governing motor vehicle operators' duty to exercise due care with
respect to pedestrians and bicyclists. The Commissioner of the Depart-
ment of Motor Vehicles will consult with the Commissioner of Transporta-
tion, the Superintendent of the State Police, the Commissioners of
Transportation and Police of the City of New York, medical professions
and bicycle and pedestrian safety advocates when developing the new
curriculum.

Finally, the section requires pedestrian and bicyclist safety awareness
to be added to the DMV instruction handbook.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our state. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our state.

 
FISCAL IMPLICATIONS:

2020: Passed Senate, Died in Assembly 2019: Passed Senate, Died in
Assembly

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

S1078A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1078--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. GOUNARDES, BIAGGI, MAY, MYRIE, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Transportation  --  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. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03118-02-1

 S. 1078--A                          2
 
 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  ALSO  INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW TO
 SAFELY PASS A BICYCLIST ON THE ROAD, OR ONE OR MORE QUESTIONS CONCERNING
 THE DANGERS OF MOTOR VEHICLES TO BICYCLISTS AND PEDESTRIANS, OR  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
 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 "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
 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-

 S. 1078--A                          3
 
 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.

Co-Sponsors

view additional co-sponsors

S1078B (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in 2019-2020 Legislative Session:: S5228

S1078B (ACTIVE) - Summary

Requires instruction in pedestrian and bicyclist safety as part of the drivers pre-licensing course.

S1078B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1078B

SPONSOR: GOUNARDES
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require new drivers to learn about pedestrian and bicy-
clist safety awareness as a component of the pre-licensing exam and as a
prerequisite for obtaining a license to operate a motor vehicle.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 502 of the Vehicle and Traffic
Law by adding laws related to pedestrian and bicyclist safety awareness
to the eligible topics that applicants for a driver's license can be
tested on during their written examination for a driver's license.

The section also adds a new paragraph, (c-5), which makes pedestrian and
bicyclist safety awareness a mandatory component of the pre-licensing
course for applicants for a driver's license. The added curriculum to
the pre-licensing course will include an overview of traffic laws
governing motor vehicle operators' duty to exercise due care with
respect to pedestrians and bicyclists. The Commissioner of the Depart-
ment of Motor Vehicles will consult with the Commissioner of Transporta-
tion, 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, and any other group that the
commissioner believes can contribute when developing the new curriculum.

Finally, the section requires pedestrian and bicyclist safety awareness
to be added to the DMV instruction handbook.

Section two of the bill provides the effective date as one hundred
eighty days after it shall have become a law.

 
EXISTING LAW:

Currently pedestrian and bicyclist safety awareness education is not
required to become a licensed motor vehicle operator in the State of New
York.

 
JUSTIFICATION:

The statistics surrounding pedestrian and bicyclist safety in the City
of New York are alarming. This bill will enhance the safety of those who
travel with the expectation of being treated equally on the road and
being able to travel safely in our state. Furthermore, the bill will
educate drivers about the dangers faced by cyclists and pedestrians and
will create a thoughtful road culture going forward - so that all can
travel with the smallest possibility of being put in danger or harmed.
It is the legislature's responsibility to mitigate the risks faced by
those who live or travel in our state.

 
FISCAL IMPLICATIONS:
2021: Passed Senate, Died in Assembly

2020: Passed Senate, Died in Assembly

2019:  Passed Senate, Died in Assembly

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

S1078B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1078--B
     Cal. No. 412
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GOUNARDES, BAILEY, BIAGGI, BRISPORT, CLEARE, COMRIE,
   GAUGHRAN,  GIANARIS,  HOYLMAN,  JACKSON,  MAY,  MYRIE, PERSAUD, RAMOS,
   REICHLIN-MELNICK, RIVERA, SALAZAR, SEPULVEDA, STAVISKY --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee on Transportation in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03118-05-2
 S. 1078--B                          2
 
 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
 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.
 S. 1078--B                          3
 
   (C-5) "PEDESTRIAN AND BICYCLIST 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  "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.

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The New York State Senate

senate Bill S1078A

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senate Bill S1078A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 16, 2022 - floor Vote

Floor Vote: May 16, 2022

Feb 1, 2022 - Transportation committee Vote

Transportation Committee Vote: Feb 1, 2022

May 20, 2021 - floor Vote

Floor Vote: May 20, 2021

Apr 27, 2021 - Transportation committee Vote

Transportation Committee Vote: Apr 27, 2021

Bill Amendments

Co-Sponsors

S1078 - Details

S1078 - Summary

S1078 - Sponsor Memo

S1078 - Bill Text download pdf

Co-Sponsors

S1078A - Details

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S1078A - Bill Text download pdf

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S1078B (ACTIVE) - Details

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Comments