S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3638
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  enhancing
   the  fitness  and safety requirements for certain licensed individuals
   and establishes the New York state task force on the effects of  aging
   on driving ability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 502 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 2-a to read as follows:
   2-A.  DEFINITIONS.  FOR PURPOSES OF THIS SECTION, THE TERM "FIT" SHALL
 MEAN DEEMED BY A LICENSED PHYSICIAN TO  HAVE  THE  PHYSICAL  AND  MENTAL
 CAPACITY TO OPERATE A MOTOR VEHICLE.
   § 2.  Paragraph (a) of subdivision 6 of section 502 of the vehicle and
 traffic  law,  as  amended  by section 3 of part K  of chapter 59 of the
 laws of 2009, is amended to read as follows:
   (a) A license issued pursuant to  subdivision  five  of  this  section
 shall  be valid until the expiration date contained thereon, unless such
 license is suspended, revoked or cancelled. Such license may be  renewed
 by  submission of an application for renewal, the fee prescribed by law,
 proofs of prior licensing, fitness and acceptable vision  prescribed  by
 the  commissioner,  the  applicant's  social  security  number,  and  if
 required by the commissioner a photo image  of  the  applicant  in  such
 numbers  and form as the commissioner shall prescribe.  UPON THE SEVENTH
 APPLICATION SUBMISSION, AND THEREAFTER  FOR  A  RENEWAL  OF  A  DRIVER'S
 LICENSE,  APPLICANTS  MUST  SUBMIT  PROOF  OF  A  PHYSICAL  EXAMINATION,
 CONDUCTED BY A  LICENSED  PHYSICIAN,  TO  PROVE  THAT  THE  LICENSEE  IS
 MEDICALLY  FIT TO OPERATE A MOTOR VEHICLE. In addition, an applicant for
 renewal of a license containing a hazardous material  endorsement  shall
 pass  an examination to retain such endorsement. The commissioner shall,
 with respect to the renewal of a hazardous materials endorsement, comply
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06609-01-7

 S. 3638                             2
 
 with the requirements  imposed  upon  states  by  sections  383.141  and
 1572.13  of  title  49  of the code of federal regulations. A renewal of
 such license shall be issued by the commissioner upon approval  of  such
 application, except that no such license shall be issued if its issuance
 would  be  inconsistent  with  the  provisions  of  section five hundred
 sixteen of this title, and except that the commissioner  may  refuse  to
 renew  such  license if the applicant is the holder of a currently valid
 or renewable license to drive issued by another state or foreign country
 unless the applicant surrenders such license.
   § 3. a. The "New York state task force on  the  effects  of  aging  on
 driving  ability"  is hereby established (hereinafter referred to as the
 "task force"). The task force shall study the effects of aging on  driv-
 ing ability and develop a comprehensive approach to licensing drivers.
   b. Such study shall include:
   (i) Effective and efficient identification of drivers at risk of being
 involved  in  a motor vehicle accident because of functional limitations
 that affect their driving ability;
   (ii) Prevalence and effect of degenerative processes affecting vision,
 hearing, mobility, cognitive functions, and reaction time;
   (iii) Implementation and effect of the department's  vision  screening
 requirements and examination of new technologies;
   (iv)  Availability  and  effectiveness  of  remedial  measures such as
 skills training, adaptive equipment, physical therapy, and adjustment of
 driving practices that will allow people to drive safely for as long  as
 possible;
   (v) Availability of alternative forms of transportation for people who
 can no longer safely drive; and
   (vi)  Effectiveness  of existing public education initiatives relating
 to at-risk drivers.
   § 4. Such task force shall consist of  the  following  members,  which
 shall each serve for a term of two years:
   a. one member appointed by the governor;
   b. one member appointed by the temporary president of the senate;
   c. one member appointed by the minority leader of the senate;
   d. one member appointed by the speaker of the assembly;
   e. one member appointed by the minority leader of the assembly; and
   f.  two  members  appointed  by  the commissioner of the department of
 motor vehicles.
   § 5. Such members of the task force shall receive no compensation  for
 their  services,  but  shall be reimbursed for all expenses actually and
 necessarily incurred by them in the performance of their duties.  Vacan-
 cies in office shall be filled  in  the  same  manner  as  the  original
 appointment.
   § 6. The task force shall report its findings from such study and make
 recommendations  with  supporting  legislation  to  the governor and the
 legislature within one year of the effective date of this act.
   § 7. This act shall take effect immediately.