NY State Senate Bill 2017-S5379A

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Dec 13, 2017	print number 5379a
Dec 13, 2017	amend and recommit to transportation
Mar 23, 2017	referred to transportation

Bill Amendments

Original

A (Active)

2017-S5379 - Details

See Assembly Version of this Bill:: A8828
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L; amd §2336, Ins L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1082, A1374
2021-2022: S62, A2248
2023-2024: S2426, A6618

2017-S5379 - Summary

Relates to instruction concerning traffic stops in pre-licensing courses to provide drivers with their responsibilities when stopped by a law enforcement officer.

2017-S5379 - Sponsor Memo

                                 BILL NUMBER:  S5379

 TITLE OF BILL :  An act to amend the vehicle and traffic law and the
insurance law, in relation to instruction concerning traffic stops

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require driver's education and defensive driving
instructors to include proper behavior when stopped by a law
enforcement officer as a part of driving instruction courses.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends Subparagraph (i) of paragraph (a) of subdivision 4
of 2 section 502 of the vehicle and traffic law, as amended by chapter
97 of 3 the laws of 2016, to include that one or more questions on the
responsibilities of a driver when stopped by a law enforcement officer
shall be included on the test driver's license applicants must take.

Section three states that is the responsibility of the commissioner to
establish a curriculum that includes instruction on proper behavior
when stopped by a law enforcement officer as part of driver's
education.

Section five requires instruction on proper behavior when stopped by a
law enforcement officer to be included as part of the national safety

council's defensive driving course.

 JUSTIFICATION :

Given the unfortunate potential for routine police interactions to
turn deadly, often over a misunderstanding, this legislation aims to
mitigate any danger involved in traffic stops. Given the nature of
their profession, law enforcement officers are often on alert and wary
of potential threats. By educating prospective drivers on proper
behavior when stopped, the chance of them unintentionally alarming
officers and subsequently being harmed decreases greatly.
Additionally, more drivers being versed in proper traffic stop
behavior would keep stops safe and efficient, allowing law enforcement
to be more available for other issues and emergencies.

It is important that prospective drivers be fully educated on all
aspects of driving safety before they are on the road and Including
instruction on proper behavior when stopped by law enforcement in
defensive driving courses as well would provide vital information to
licensed drivers who would not otherwise have access to it.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

NONE.

 EFFECTIVE DATE :
Immediately.

2017-S5379 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5379
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10528-02-7

 S. 5379                             2
 
 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
 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. 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:
   (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-3)  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.
   § 3. Subdivision 4 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (c-3) to read as follows:
   (C-3)  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
 OFF THE MOTOR VEHICLE'S ENGINE AND RADIO; AVOIDING SUDDEN MOVEMENTS  AND
 KEEPING THE DRIVER'S HANDS IN PLAIN VIEW OF THE OFFICER.
   §  4.  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

 S. 5379                             3
 
 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.
   § 5. 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.
   §  6. This act shall take effect immediately; provided that the amend-
 ments to subsection (a) of section 2336 of the insurance  law,  made  by
 section  four of this act, shall not affect the expiration and reversion
 of such such subsection and shall be  deemed  repealed  therewith,  when
 upon such date section five of this act shall take effect.

2017-S5379A (ACTIVE) - Details

See Assembly Version of this Bill:: A8828
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L; amd §2336, Ins L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1082, A1374
2021-2022: S62, A2248
2023-2024: S2426, A6618

2017-S5379A (ACTIVE) - Summary

Relates to instruction concerning traffic stops in pre-licensing courses to provide drivers with their responsibilities when stopped by a law enforcement officer.

2017-S5379A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5379A

SPONSOR: PERSAUD
 
TITLE OF BILL:  An act to amend the vehicle and traffic law and the
insurance law, in relation to instruction concerning traffic stops

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require driver's education and defensive driving
instructors to include proper behavior when stopped by a law enforcement
officer as a part of driving instruction courses.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Subparagraph (i) of paragraph (a) of subdivision 4 of
2 section 502 of the vehicle and traffic law, as amended by chapter 97
of 3 the laws of 2016, to include that one or more questions on the
responsibilities of a driver when stopped by a law enforcement officer
shall be included on the test driver's license applicants must take.

Section three states that is the responsibility of the commissioner to

establish a curriculum that includes instruction on proper behavior when
stopped by a law enforcement officer as part of driver's education.

Section five requires instruction on proper behavior when stopped by a
law enforcement officer to be included as part of the national safety
council's defensive driving course.

 
JUSTIFICATION:

Given the unfortunate potential for routine police interactions to turn
deadly, often over a misunderstanding, this legislation aims to mitigate
any danger involved in traffic stops. Given the nature of their profes-
sion, law enforcement officers are often on alert and wary of potential
threats. By educating prospective drivers on proper behavior when
stopped, the chance of them unintentionally alarming officers and subse-
quently being harmed decreases greatly.  Additionally, more drivers
being versed in proper traffic stop behavior would keep stops safe and
efficient, allowing law enforcement to be more available for other
issues and emergencies.

It is important that prospective drivers be fully educated on all
aspects of driving safety before they are on the road and Including
instruction on proper behavior when stopped by law enforcement in defen-
sive driving courses as well would provide vital information to licensed
drivers who would not otherwise have access to it.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS: TO STATE AND LOCAL GOVERNMENT:

NONE.

 
EFFECTIVE DATE:
Immediately.

2017-S5379A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5379--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2017
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10528-03-7

 S. 5379--A                          2
 
 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
 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

 S. 5379--A                          3
 
 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:
   (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

 S. 5379--A                          4

 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
 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

 S. 5379--A                          5
 
 (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.

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Senate Bill S5379A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2017-S5379 - Details

2017-S5379 - Summary

2017-S5379 - Sponsor Memo

2017-S5379 - Bill Text download pdf

2017-S5379A (ACTIVE) - Details

2017-S5379A (ACTIVE) - Summary

2017-S5379A (ACTIVE) - Sponsor Memo

2017-S5379A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5379A

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Sponsored By

Roxanne J. Persaud

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

2017-S5379 - Details

2017-S5379 - Summary

2017-S5379 - Sponsor Memo

2017-S5379 - Bill Text download pdf

2017-S5379A (ACTIVE) - Details

2017-S5379A (ACTIVE) - Summary

2017-S5379A (ACTIVE) - Sponsor Memo

2017-S5379A (ACTIVE) - Bill Text download pdf

Comments