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This entry was published on 2021-02-19
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SECTION 2353
For-hire motor vehicle safety program; reduction in rates of certain commercial risk insurance premiums for motor vehicles
Insurance (ISC) CHAPTER 28, ARTICLE 23
§ 2353. For-hire motor vehicle safety program; reduction in rates of
certain commercial risk insurance premiums for motor vehicles. (a) For
the purposes of this section, an association shall mean an association
where all the eligible members of the association have the same
profession, trade, or occupation, and the association has been organized
and maintained in good faith for purposes principally other than that of
obtaining insurance, and has been in active existence for at least two
years.

(b) An association representing motor vehicles engaged in the business
of carrying or transporting passengers for-hire, having a seating
capacity of not less than eight passengers, shall be authorized to
create and implement a comprehensive educational program designed to
advance for-hire motor vehicle safety, which provides for the training
of all operators in the safe operation of for-hire motor vehicles,
education about safety equipment that can enhance the safe operation of
vehicles, and training related to passenger safety. Such program shall
include, but not be limited to, instruction which addresses the
following subject areas:

(1) the concept of collision prevention, including a discussion of the
factors involved in traffic situations;

(2) alcohol and drug use as a contributing factor in motor vehicle
collisions;

(3) accident prevention techniques;

(4) the use of occupant restraints;

(5) the risk factors involved in driver attitude and behavior such as
speeding, reckless and aggressive driving, and improper lane use;

(6) traffic laws in New York state;

(7) physical and mental condition of drivers;

(8) conditions and strategies of driving;

(9) safe driving techniques in hazardous weather conditions including
rain, wind, snow, ice, sleet and fog;

(10) equipment that can enhance the safe operation of vehicles; and

(11) passenger safety including but not limited to recommending the
use of seat belts to passengers, warning passengers to exercise care
when boarding and exiting a vehicle and notifying passengers of
emergency exits if applicable.

(c) The association described in subsection (b) of this section shall
provide a certificate to members of such association who successfully
complete a course of instruction on for-hire vehicle safety as
authorized pursuant to this section.

(d) The superintendent shall provide for an actuarially appropriate
reduction for a period of three years in the rates of premiums for
commercial risk insurance applicable to motor vehicles engaged in the
business of carrying or transporting passengers for-hire, having a
seating capacity of not less than eight passengers, for each triennial
completion of a course of instruction on for-hire motor vehicle safety
as authorized pursuant to this section. The commissioner of motor
vehicles shall evaluate and approve any for-hire vehicle safety program
created pursuant to this section within sixty days of the effective date
of this section.

(e) An authorized insurer shall, upon submission of a certificate by
an insured evidencing that such insured has completed a course of
instruction on for-hire motor vehicle safety as authorized pursuant to
this section, provide an actuarially appropriate reduction, for a period
of three years, of the premium for such insured's commercial risk
insurance applicable to motor vehicles engaged in the business of
carrying or transporting passengers for-hire, having a seating capacity
of not less than eight passengers.

(f) Any insured who successfully completes a course of instruction on
for-hire motor vehicle safety pursuant to this section and receives a
premium reduction on the insured's commercial risk insurance policy
covering the for-hire vehicle shall not, during the period set forth in
subsection (e) of this section, also be eligible for an additional
premium reduction on the insured's commercial risk insurance policy
covering the for-hire vehicle for successful completion of the motor
vehicle accident prevention course, known as the national safety
council'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, authorized under
section two thousand three hundred thirty-six of this article.

(g) The superintendent may promulgate any rules and regulations
necessary to implement the provisions of this section.