S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8828
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 22, 2017
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation to instruction concerning traffic stops
 
   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)  of  subdivision  4  of
 section  502 of the vehicle and traffic law, as amended by chapter 97 of
 the laws of 2016, is amended 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, THE RESPONSIBILITIES OF  A  DRIVER  WHEN
 STOPPED  BY  A  LAW  ENFORCEMENT  OFFICER  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-
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10528-04-7

 A. 8828                             2
 
 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
 vehicle pursuant to section eleven hundred forty-four-a of this chapter.
 SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING  THE  RESPONSI-
 BILITIES  OF  A  DRIVER  WHEN STOPPED BY A LAW ENFORCEMENT OFFICER. Such
 test shall be administered by the commissioner. The  commissioner  shall
 cause  the  applicant  to take a vision test and a test for color blind-
 ness. Upon passage of the vision test, the application may  be  accepted
 and the application fee shall be payable.
   § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
 of the vehicle and traffic law, as amended by chapter 355 of the laws of
 2017, is amended 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", "Work Zone Safety"
 awareness and "Motorcycle Safety" awareness as defined  by  the  commis-
 sioner,  the law relating to 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,
 the  ability  to  read  and  comprehend  traffic  signs and symbols, THE
 RESPONSIBILITIES OF A DRIVER WHEN STOPPED BY A LAW  ENFORCEMENT  OFFICER
 and  such other matters as the commissioner may prescribe, and to satis-
 factorily 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  there-
 of.  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 conse-
 quences 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 assaulting, threatening or  inter-
 fering with the lawful conduct of another person legally using the road-
 way. Such test shall include one or more questions concerning the poten-
 tial  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 motorcycle safety. Such test may include
 one or more questions concerning 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  SHALL
 INCLUDE ONE OR MORE QUESTIONS CONCERNING THE RESPONSIBILITIES OF A DRIV-
 ER  WHEN STOPPED BY A LAW ENFORCEMENT OFFICER. Such test shall be admin-
 istered 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.
   § 3. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 585 of the laws of 2002, is amended
 to read as follows:

 A. 8828                             3
 
   (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  TRAFFIC  STOP  INSTRUCTION
 COMPONENT  AS  DESCRIBED  IN  PARAGRAPH  (C-4)  OF THIS SUBDIVISION, the
 commissioner shall cause the applicant to take a road test in  a  repre-
 sentative  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 depart-
 ment  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.
   §  4. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 355 of the laws of 2017,  is  amended
 to read as follows:
   (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 "Motorcycle Safety" awareness
 component as described in paragraph (c-3) of  this  subdivision,  AND  A
 TRAFFIC  STOP  INSTRUCTION  COMPONENT AS DESCRIBED IN PARAGRAPH (C-4) 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.
   § 5. Subdivision 4 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (c-4) to read as follows:
   (C-4)  TRAFFIC  STOP INSTRUCTION COMPONENT. (I) THE COMMISSIONER SHALL
 PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF  THIS
 SUBDIVISION,  A  MANDATORY  COMPONENT  IN  TRAFFIC STOP INSTRUCTION AS A
 PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE  A  MOTOR  VEHICLE.  THE
 PURPOSE  OF THIS COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON HIS OR
 HER RESPONSIBILITIES WHEN STOPPED BY A LAW ENFORCEMENT OFFICER.
   (II) THE COMMISSIONER SHALL ESTABLISH A  CURRICULUM  FOR  THE  TRAFFIC
 STOP  INSTRUCTION  COMPONENT  WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
 INSTRUCTION DESCRIBING APPROPRIATE ACTIONS TO BE TAKEN BY DRIVERS DURING
 TRAFFIC STOPS AND APPROPRIATE INTERACTIONS WITH LAW-ENFORCEMENT OFFICERS
 WHO INITIATE TRAFFIC STOPS. THE CURRICULUM SHALL ALSO EXPLAIN A DRIVER'S
 RESPONSIBILITIES WHEN STOPPED BY A LAW  ENFORCEMENT  OFFICER,  INCLUDING
 PULLING  TO  THE  FAR RIGHT SIDE OF THE ROAD WHEN BEING STOPPED; TURNING

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 OFF THE MOTOR VEHICLE'S ENGINE AND RADIO; AVOIDING SUDDEN MOVEMENTS  AND
 KEEPING THE DRIVER'S HANDS IN PLAIN VIEW OF THE OFFICER.
   §  6.  Subsection (a) of section 2336 of the insurance law, as amended
 by chapter 751 of the laws of 2005, is amended to read as follows:
   (a) Any schedule of rates or rating plan for motor  vehicle  liability
 and  collision  insurance  submitted to the superintendent shall provide
 for an 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 council's defensive
 driving course, or any driver improvement course approved by the depart-
 ment of motor vehicles as being equivalent to the national safety  coun-
 cil'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  which does not provide for actual classroom instruction for a
 minimum number of hours as determined by the department of  motor  vehi-
 cles.  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 TRAFFIC STOPS 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.  Subsection (a) of section 2336 of the insurance law, as amended
 by chapter 585 of the laws of 2002, is amended to read as follows:
   (a) Any schedule of rates or rating plan for motor  vehicle  liability
 and  collision  insurance  submitted to the superintendent shall provide
 for an 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 council's defensive
 driving course, or any driver improvement course approved by the depart-
 ment of motor vehicles as being equivalent to the national safety  coun-
 cil's  defensive  driving  course,  provided  that in either event there
 shall be no reduction in premiums for a self instruction defensive driv-
 ing course or a course which  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  TRAFFIC  STOPS  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.
   § 8. This act shall take effect immediately; provided that:   (a)  the
 amendments  made  to  section  502  of  the  vehicle  and traffic law by
 sections two and four of this act shall take effect on the same date and
 in the same manner as chapter 355 of the laws of 2017, takes effect; and
 (b) the amendments to subsection (a) of section 2336  of  the  insurance
 law,  made  by  section six of this act, shall not affect the expiration
 and reversion of such subsection and shall be deemed repealed therewith,
 when upon such date section seven of this act shall take effect.