S T A T E   O F   N E W   Y O R K
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                                  5974--A
     Cal. No. 211
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced by Sens. PHILLIPS, RITCHIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   recommitted  to  the  Committee  on  Transportation in accordance with
   Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend  the vehicle and traffic law, in relation to adding a
   school bus 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, as
 amended by chapter 355 of the laws of 2017, are amended and a new  para-
 graph (c-4) 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", "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, SCHOOL BUS
 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 class-
 room driver training and highway safety instruction  or  the  equivalent
 thereof.  Such  test  shall  include  at  least  seven written questions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11294-02-8

 S. 5974--A                          2
 
 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 nine-
 ty-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, threat-
 ening 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 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 SCHOOL BUS 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  application  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 "Motorcycle Safety"  aware-
 ness  component as described in paragraph (c-3) of this subdivision, AND
 A "SCHOOL BUS SAFETY" 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 commission-
 er which shall be appropriate to the type of license for which  applica-
 tion  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-4)  "SCHOOL  BUS  SAFETY"  COMPONENT.  (I)  THE  COMMISSIONER SHALL
 PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF  THIS
 SUBDIVISION, A MANDATORY COMPONENT IN "SCHOOL BUS SAFETY" 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
 DANGERS  OF  PASSING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED
 SEVENTY-FOUR OF THIS CHAPTER, TO REDUCE THE NUMBER  OF  SUCH  INCIDENTS,
 AND TO PROMOTE SCHOOL BUS SAFETY.
   (II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "SCHOOL BUS
 SAFETY"  COMPONENT  WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, AN
 OVERVIEW OF TRAFFIC LAWS GOVERNING OVERTAKING AND PASSING SCHOOL  BUSES,
 SPECIFICALLY SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION.
   (d) The commissioner shall make available for distribution upon regis-
 tration at each location where the pre-licensing course will  be  given,

 S. 5974--A                          3
 
 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), (c-2) [and],
 (c-3) AND (C-4) of this subdivision. The commissioner shall also provide
 for  the additional training of the instructors necessary for the compe-
 tent instruction of the alcohol and drug education, "Road  Rage"  aware-
 ness,  "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness
 AND "SCHOOL BUS SAFETY" subject matters of the pre-licensing course.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 355 of the laws of 2017, takes effect.