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

                                  2972

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  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 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02872-02-3
              

S. 2972                             2

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.
  (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
WITH THE NEW YORK STATE COMMISSIONER OF  TRANSPORTATION,  THE  NEW  YORK

S. 2972                             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.