S T A T E O F N E W Y O R K
________________________________________________________________________
6202
2021-2022 Regular Sessions
I N S E N A T E
April 15, 2021
___________
Introduced by Sens. KENNEDY, GOUNARDES, HOYLMAN -- 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 and the insurance law, in
relation to reckless driving and the implementation of a reckless
driving and vehicular violence awareness component of the pre-licens-
ing course for driver's licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The Legislature recognizes the height-
ened responsibility of operating a multi-ton car or truck and that such
motor vehicle is a dangerous instrument under state law that, in an
instant, can cause lethal physical harm. For example, when operating a
car at 30 miles per hour the average risk of a pedestrian dying upon
impact with such car is 40%, at 40 miles per hour the risk of death is
80%, and at speeds greater than 50 miles per hour the likelihood of
death is near certain at nearly 100%.
When deaths resulting from alcohol-impaired driving were reduced from
approximately 30,000 annually in the early 1980s across the United
States to approximately 10,000 annually in recent years, that remarkable
reduction was achieved in part by the certainty experienced by drivers
that they would suffer legal consequences for driving impaired and risk-
ing the lives of themselves and others, resulting from changes in laws
prohibiting impaired driving. However, that certainty does not exist for
other types of dangerous driving. A 2016 survey by the National Safety
Council showed that "although 83% of drivers surveyed believe driving is
a safety concern, a startling number say they are comfortable speeding
(64%) and texting either manually or through voice controls (47%),"
whereas far fewer (10%) say they are comfortable driving after they feel
they've had too much alcohol. This shows that, while drunk driving has
become socially unacceptable, most other forms of dangerous driving have
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10482-02-1
S. 6202 2
not, and New Yorkers are paying the price with lives lost and bodies and
families shattered. Moreover, the New York City Department of Transpor-
tation estimated in 2010 that the annual cost of all traffic crashes
just in New York City to be $4.29 billion annually, about 1% of the
Gross City Product.
As evidenced by our country's experience combatting drunk driving,
research has shown that perceived certainty of legal consequences is
necessary to deter or prevent harmful acts, including dangerous driving.
The original statutory language of the New York vehicle and traffic law
section 1212, in and of itself, is favorable to a reasonable standard
for reckless or dangerous driving, specifying that driving in a manner
that "unreasonably interferes with" or "unreasonably endangers others"
constitutes a violation of that section and is an unclassified misdemea-
nor. However, that reasonableness standard has subsequently been height-
ened by New York judicial interpretations that require factors such as a
finding of seriously blameworthy conduct, an "affirmative act" by the
driver, a "gross deviation" from the standard of conduct a reasonable
person would observe, and additional "aggravating factors" on behalf of
the driver -- all judicial interpretations not required by the original
statutory text. This judicially imposed requirement fails to recognize
the awesome responsibility that operating a multi-ton car or truck is
and as a consequence, evidenced in part by the staggering injuries and
deaths in our state, the statute has failed to achieve what it intended.
Cars and trucks are dangerous instruments under state law and should be
recognized as such when applying vehicle and traffic law section 1212.
For these reasons the Legislature is correcting the misapplication of
vehicle and traffic law section 1212 and restore the statute to its
original intent to deter and prevent dangerous operation of heavy motor
vehicles that pose a daily threat to public health and risk the lives of
New Yorkers throughout our state.
§ 2. Section 1212 of the vehicle and traffic law, as added by chapter
47 of the laws of 1988, is amended to read as follows:
§ 1212. Reckless driving. (A) Reckless driving shall mean [driving]
OPERATING or using any motor vehicle, motorcycle or any other vehicle
propelled by any power other than muscular power or any appliance or
accessory thereof in a manner which unreasonably interferes with the
free and [proper] SAFE use of the public highway, or unreasonably endan-
gers users of the public highway. Reckless driving is prohibited. Every
person violating this provision shall be guilty of a misdemeanor.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR THE PENAL LAW,
THERE SHALL BE A REBUTTABLE PRESUMPTION THAT EVERY PERSON VIOLATING THIS
SECTION AND WHO CAUSES PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH
TO ANOTHER PERSON SHALL BE FOUND TO HAVE ACTED WITH CRIMINAL NEGLIGENCE
UNDER SECTION 15.05 OF THE PENAL LAW, AND EVERY PERSON VIOLATING THIS
SECTION WHILE ACTING WITH CRIMINAL NEGLIGENCE SHALL BE GUILTY OF A CLASS
A MISDEMEANOR. A VIOLATION OF THIS SECTION DOES NOT REQUIRE A FINDING OF
A MINIMUM NUMBER OF VIOLATIONS OF LAW OR A FINDING THAT A PERSON WAS
AWARE OF, HAD PERCEIVED, OR HAD CREATED THE RISK OF HARM TO ANOTHER
PERSON.
(B) PROVIDED FURTHER, IF THE OPERATOR OF A MOTOR VEHICLE, MOTORCYCLE
OR ANY OTHER VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR
ANY APPLIANCE OR ACCESSORY THEREOF OPERATES IN A MANNER THAT CAUSES
PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH TO ANOTHER PERSON
WHILE VIOLATING ONE OR MORE SECTIONS OF THIS CHAPTER OR OF A LAW, ORDI-
NANCE, ORDER, RULE OR REGULATION RELATING TO TRAFFIC, EXCEPT PARKING,
STANDING, OR STOPPING OFFENSES, THEN THERE SHALL BE A REBUTTABLE
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PRESUMPTION SUCH DRIVER WAS OPERATING IN VIOLATION OF SUBDIVISION (A) OF
THIS SECTION. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO
SUPERSEDE THE PROVISIONS OF ANY OTHER APPLICABLE SECTION OF LAW.
(C) A DRIVER OF A MOTOR VEHICLE OR MOTORCYCLE GUILTY OF VIOLATING THIS
SECTION SHALL ADDITIONALLY BE REQUIRED TO PARTICIPATE IN A MOTOR VEHICLE
ACCIDENT PREVENTION COURSE APPROVED BY THE COMMISSIONER PURSUANT TO
ARTICLE TWELVE-B OF THIS CHAPTER.
§ 3. Section 1146 of the vehicle and traffic law, as amended by chap-
ter 333 of the laws of 2010, is amended to read as follows:
§ 1146. Drivers to exercise due care. [(a)] Notwithstanding the
provisions of any other law to the contrary, every driver of a vehicle
shall exercise due care to avoid colliding with any bicyclist, pedestri-
an, or domestic animal upon any roadway and shall give warning by sound-
ing the horn when necessary. For the purposes of this section, the term
"domestic animal" shall mean domesticated sheep, cattle, and goats which
are under the supervision and control of a pedestrian.
[(b) 1. A driver of a motor vehicle who causes physical injury as
defined in article ten of the penal law to a pedestrian or bicyclist
while failing to exercise due care in violation of subdivision (a) of
this section, shall be guilty of a traffic infraction punishable by a
fine of not more than five hundred dollars or by imprisonment for not
more than fifteen days or by both such fine and imprisonment.
2. If such driver of a motor vehicle causes physical injury while
failing to exercise due care in violation of subdivision (a) of this
section, then there shall be a rebuttable presumption that, as a result
of such failure to exercise due care, such person operated the motor
vehicle in a manner that caused such physical injury.
(c) 1. A driver of a motor vehicle who causes serious physical injury
as defined in article ten of the penal law to a pedestrian or bicyclist
while failing to exercise due care in violation of subdivision (a) of
this section, shall be guilty of a traffic infraction punishable by a
fine of not more than seven hundred fifty dollars or by imprisonment for
not more than fifteen days or by required participation in a motor vehi-
cle accident prevention course pursuant to paragraph (e-1) of subdivi-
sion two of section 65.10 of the penal law or by any combination of such
fine, imprisonment or course, and by suspension of a license or regis-
tration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdi-
vision two of section five hundred ten of this chapter.
2. If such driver of a motor vehicle causes serious physical injury
while failing to exercise due care in violation of subdivision (a) of
this section, then there shall be a rebuttable presumption that, as a
result of such failure to exercise due care, such person operated the
motor vehicle in a manner that caused such serious physical injury.
(d) A violation of subdivision (b) or (c) of this section committed by
a person who has previously been convicted of any violation of such
subdivisions within the preceding five years, shall constitute a class B
misdemeanor punishable by a fine of not more than one thousand dollars
in addition to any other penalties provided by law.
(e) Nothing contained in this section shall prevent the court from
imposing any other authorized disposition, including a period of commu-
nity service.]
§ 4. Subparagraph (i) of paragraph (a) and paragraphs (b) and (d) of
subdivision 4 of section 502 of the vehicle and traffic law, as amended
by chapter 513 of the laws of 2019, are amended and a new paragraph
(c-5) is added to read as follows:
S. 6202 4
(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 as defined by the commis-
sioner, "School Bus Safety" awareness, THE LAWS RELATING TO "RECKLESS
DRIVING AND VEHICULAR VIOLENCE" AWARENESS, the law relating to exercis-
ing due care to avoid colliding with a parked, stopped or standing
authorized emergency vehicle or hazard vehicle pursuant to section elev-
en hundred forty-four-a of this chapter, the ability to read and compre-
hend traffic signs and symbols and such other matters as the commission-
er 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 classroom 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 ninety-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 assault-
ing, threatening 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 SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING RECKLESS DRIV-
ING AND EXERCISING DUE CARE TO AVOID COLLIDING WITH BICYCLISTS AND
PEDESTRIANS. Such test may include one or more questions concerning
motorcycle safety. Such test may include one or more questions concern-
ing 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 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.
(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 "RECKLESS DRIVING AND VEHICULAR VIOLENCE"
AWARENESS COMPONENT AS DESCRIBED IN PARAGRAPH (C-5) OF THIS SUBDIVISION
the commissioner shall cause the applicant to take a road test in a
representative 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
S. 6202 5
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 HE OR she chooses to do so, HE OR she shall set forth HIS OR her
reasons in writing and conduct a public hearing on the matter. [She] HE
OR SHE shall only establish such a program after holding the public
hearing.
(C-5) "RECKLESS DRIVING AND VEHICULAR VIOLENCE" AWARENESS COMPONENT.
(I) THE COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN
"RECKLESS DRIVING AND VEHICULAR VIOLENCE" 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 OTHER NON-MOTORIZED
VEHICLES CREATED BY MOTOR VEHICLES, AND THE CONSEQUENCES OF COMMITTING A
VEHICULAR CRIME THAT CAUSES INJURY OR DEATH TO ANOTHER INDIVIDUAL.
(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' 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, SAFETY OVERTAKING
A BICYCLE, THE DANGERS OF DISTRACTED DRIVING AND RECKLESS DRIVING, DRIV-
ING 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' OBLI-
GATIONS TO COMPLY WITH ARTICLE TWENTY-TWO OF THIS CHAPTER, TRAFFIC
CONTROL DEVICES AND MARKINGS RELATED TO BICYCLISTS AND PEDESTRIANS, AND
AN OVERVIEW OF LAWS GOVERNING CONDUCT COMMITTED WHILE OPERATING A MOTOR-
IZED VEHICLE THAT CAUSES INJURY OR DEATH TO ANOTHER PERSON.
(III) IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF 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 subject matters of the pre-licensing
course.
§ 5. Paragraph 1 of subsection (a) of section 2336 of the insurance
law, as amended by section 3 of chapter 4 of the laws of 2021, is
amended to read as follows:
(1) Any schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the superintendent shall provide
for an actuarially appropriate reduction in premium charges for any
insured for a three year period after successfully completing a motor
vehicle accident prevention course, known as the national safety coun-
cil's defensive driving course, or any driver improvement course
approved by the department of motor vehicles as being equivalent to the
S. 6202 6
national safety council's defensive driving course, provided that,
except as provided in article twelve-C of the vehicle and traffic law,
there shall be no reduction in premiums for a self-instruction defensive
driving course or a course that does not provide for actual classroom
instruction for a minimum number of hours as determined by the depart-
ment of motor vehicles. Such reduction in premium charges shall be
subsequently modified to the extent appropriate, based upon analysis of
loss experience statistics and other relevant factors. All such accident
prevention courses shall be monitored by the department of motor vehi-
cles and shall include components of instruction in "Road Rage" aware-
ness [and], in "Work Zone Safety" awareness AND IN "RECKLESS DRIVING AND
VEHICULAR VIOLENCE" AWARNESS as defined by the commissioner of motor
vehicles. The provisions of this section shall not apply to attendance
at a program pursuant to article twenty-one of the vehicle and traffic
law as a result of any traffic infraction.
§ 6. Paragraph 1 of subsection (a) of section 2336 of the insurance
law, as amended by section 4 of chapter 4 of the laws of 2021, is
amended to read as follows:
(1) Any schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the superintendent shall provide
for an actuarially appropriate reduction in premium charges for any
insured for a three year period after successfully completing a motor
vehicle accident prevention course, known as the national safety coun-
cil's defensive driving course, or any driver improvement course
approved by the department of motor vehicles as being equivalent to the
national safety council's defensive driving course, provided that in
either event there shall be no reduction in premiums for a self-instruc-
tion defensive driving course or a course that does not provide for
actual classroom instruction for a minimum number of hours as determined
by the department of motor vehicles. Such reduction in premium charges
shall be subsequently modified to the extent appropriate, based upon
analysis of loss experience statistics and other relevant factors. All
such accident prevention courses shall be monitored by the department of
motor vehicles and shall include components of instruction in "Road
Rage" awareness [and], in "Work Zone Safety" awareness AND IN "RECKLESS
DRIVING AND VEHICULAR VIOLENCE" AWARENESS as defined by the commissioner
of motor vehicles. The provisions of this section shall not apply to
attendance at a program pursuant to article twenty-one of the vehicle
and traffic law as a result of any traffic infraction.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law provided, however, that the amendments to
subsection (a) of section 2336 of the insurance law made by section five
of this act shall be subject to the expiration and reversion of such
subsection pursuant to section 5 of chapter 751 of the laws of 2005, as
amended, when upon such date the provisions of section six of this act
shall take effect.
