S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5885
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced by M. of A. MOSLEY -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend  the vehicle and traffic law, in relation to adding a
   bicycle and pedestrian 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 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 ONE OR MORE QUESTIONS CONCERNING BICYCLE  AND  PEDES-
 TRIAN  SAFETY.  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 nine-
 ty-two of this chapter, prohibiting the operation  of  a  motor  vehicle
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09987-01-9

 A. 5885                             2
 
 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  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.
   (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  "BICYCLE  AND PEDESTRIAN SAFETY" COMPONENT AS DESCRIBED IN PARA-
 GRAPH (C-4) OF THIS SUBDIVISION the commissioner shall cause the  appli-
 cant  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 hear-
 ing.
   (C-4) "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.

 A. 5885                             3
 
   (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF TRANSPORTA-
 TION OF THE CITY OF NEW YORK AND BICYCLE AND PEDESTRIAN ADVOCATES.
   (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),  (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 "BICYCLE AND PEDESTRIAN SAFETY" subject matters of the pre-licensing
 course.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.