S T A T E   O F   N E W   Y O R K
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                                 4194--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. MOSLEY, SCHIMEL -- Multi-Sponsored by -- M. of A.
  RIVERA -- read once and referred to the Committee on Transportation --
  recommitted  to  the  Committee  on  Transportation in accordance with
  Assembly Rule 3, sec. 2 -- 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  adding  a
  bicycle  and pedestrian 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 458 of the laws
of 2011 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 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02872-04-4
              

A. 4194--A                          2

effects of consumption of alcohol or drugs on the ability of a person to
operate a motor vehicle and the legal and financial consequences result-
ing  from  violations of section eleven hundred ninety-two of this chap-
ter, prohibiting the operation of a motor vehicle while under the influ-
ence  of  alcohol  or drugs. Such test shall include one or more written
questions concerning the devastating effects of "Road Rage" on the abil-
ity 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 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 ques-
tions concerning the law for exercising due care to avoid colliding with
a parked, stopped or standing authorized  emergency  vehicle  or  hazard
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 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, 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.

A. 4194--A                          3

  (III) IN DEVELOPING SUCH CURRICULUM, THE  COMMISSIONER  SHALL  CONSULT
WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
  (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 on the ninetieth day after it shall
have become a law.