S T A T E   O F   N E W   Y O R K
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                                  7653

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2011
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to  amend  the vehicle and traffic law, in relation to adding a
  bicycle safety  component  to  the  pre-licensing  driver's  education
  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) as amended by chapter 387 of the  laws
of 2010 and paragraphs (b) and (d) as amended by chapter 585 of the laws
of  2002,  are  amended  and  a  new paragraph (c-3) 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", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the law relating to  exer-
cising  due  care  to avoid colliding with a parked, stopped or standing
authorized emergency vehicle pursuant to section eleven  hundred  forty-
four-a of this chapter, the ability to read and comprehend traffic signs
and symbols, BICYCLE AND PEDESTRIAN SAFETY 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 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 oper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07318-01-1
              

A. 7653                             2

ation  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 interfering with the lawful conduct of anoth-
er 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 the law for exer-
cising due care to avoid colliding with a parked,  stopped  or  standing
authorized  emergency  vehicle pursuant to section eleven hundred forty-
four-a of this chapter. SUCH TEST SHALL INCLUDE ONE  OR  MORE  QUESTIONS
CONCERNING  BICYCLE  AND  PEDESTRIAN SAFETY. 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.
  (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, AND A "BICYCLE AND PEDESTRIAN
SAFETY" COMPONENT AS DESCRIBED IN PARAGRAPH (C-3) 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
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-3) "BICYCLE AND PEDESTRIAN SAFETY" 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 PEDESTRIAN SAFE-
TY"  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, IN-LINE
SKATERS, SCOOTER RIDERS, SKATEBOARDERS AND OTHER NON-MOTORIZED  VEHICLES
CREATED BY MOTOR VEHICLES.
  (II)  THE  COMMISSIONER  SHALL ESTABLISH A CURRICULUM FOR THE "BICYCLE
AND PEDESTRIAN SAFETY" COMPONENT WHICH SHALL INCLUDE BUT NOT BE  LIMITED
TO:   SAFELY PASSING A CYCLIST ON THE ROAD, SPECIAL CONSIDERATIONS WHILE
DRIVING IN URBAN AREAS, BICYCLE LANES AS DEFINED IN SECTION ONE  HUNDRED
TWO-A  OF  THIS  CHAPTER  AND OTHER ROADWAY DESIGNS EMPLOYED IN NEW YORK
STATE FOR THE SAFETY OF PEDESTRIANS AND CYCLISTS,  HOW  TO  NAVIGATE  AN
INTERSECTION  WITH  PEDESTRIANS  AND CYCLISTS, EXITING A VEHICLE WITHOUT
ENDANGERING PEDESTRIANS AND CYCLISTS, THE REQUIREMENT THAT DRIVERS EXER-
CISE DUE CARE TO AVOID COLLISION WITH A BICYCLIST OR PEDESTRIAN  ON  THE
ROAD PURSUANT TO SECTION ELEVEN HUNDRED FORTY-SIX OF THIS CHAPTER.
  (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE NEW YORK STATE COMMISSIONER OF  TRANSPORTATION,  THE  NEW  YORK

A. 7653                             3

CITY  COMMISSIONER  OF  TRANSPORTATION, AND BICYCLE AND PEDESTRIAN 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)  [and],  (c-2)
AND  (C-3)  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 [and], "Road Rage" aware-
ness [and], "Work Zone Safety" awareness  AND  "BICYCLE  AND  PEDESTRIAN
SAFETY" subject matters of the pre-licensing course.
  S 2. This act shall take effect immediately.