S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7828--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced by M. of A. ORTIZ, D'URSO, CRUZ, COLTON, JEAN-PIERRE, SAYEGH,
   FRONTUS,  JAFFEE,  GOTTFRIED,  SIMON,  DenDEKKER,  SMULLEN, DeSTEFANO,
   MANKTELOW, LAWRENCE, McDONOUGH, B. MILLER, PICHARDO -- Multi-Sponsored
   by -- M. of A. GALEF -- read once and referred  to  the  Committee  on
   Transportation  --  recommitted  to the Committee on Transportation in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   instruction  in pedestrian and bicyclist safety as part of the drivers
   pre-licensing course
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section 502
 of  the vehicle and traffic law, paragraph (a) as amended by chapter 585
 of the laws of 2002, subparagraph (i) of paragraph  (a)  and  paragraphs
 (b)  and  (d) as amended by chapter 513 of the laws of 2019, are amended
 and a new paragraph (c-5) is added to read as follows:
   (a) (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 AND "PEDESTRIAN AND BICY-
 CLIST  SAFETY"  AWARENESS  as  defined  by the commissioner, "School Bus
 Safety" awareness, the law relating to  exercising  due  care  to  avoid
 colliding  with a parked, stopped or standing authorized emergency vehi-
 cle 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11203-09-0

 A. 7828--A                          2
 
 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
 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  may  include  one  or more questions concerning school bus safety.
 SUCH TEST SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING HOW  TO  SAFELY
 PASS  A  BICYCLIST  ON THE ROAD AND ONE OR MORE QUESTIONS CONCERNING THE
 DANGERS OF MOTOR VEHICLES TO BICYCLISTS AND PEDESTRIANS AND ONE OR  MORE
 QUESTIONS  CONCERNING THE LAW FOR EXERCISING DUE CARE TO AVOID COLLIDING
 WITH A BICYCLIST, PEDESTRIAN OR  DOMESTIC  ANIMAL  PURSUANT  TO  SECTION
 ELEVEN  HUNDRED  FORTY-SIX  OF THIS CHAPTER. Such test shall be adminis-
 tered 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.
   (ii) The commissioner shall promulgate rules  and  regulations  estab-
 lishing  eligibility  standards  for the taking and passing of knowledge
 tests in other than written form.
   (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, a "Motorcycle Safety" awareness
 component as described in paragraph (c-3) of this subdivision,  [and]  a
 "School  Bus Safety" awareness component as described in paragraph (c-4)
 of this subdivision, AND A "PEDESTRIAN AND BICYCLIST  SAFETY"  AWARENESS
 COMPONENT  AS  DESCRIBED  IN  PARAGRAPH  (C-5)  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.
   (C-5)  "PEDESTRIAN  AND BICYCLIST SAFETY" AWARENESS COMPONENT. (I) THE
 COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING  COURSE,  SET  FORTH  IN

 A. 7828--A                          3
 
 PARAGRAPH  (B) OF THIS SUBDIVISION, A MANDATORY COMPONENT IN "PEDESTRIAN
 AND BICYCLIST SAFETY" AWARENESS EDUCATION AS A PREREQUISITE FOR  OBTAIN-
 ING  A  LICENSE TO OPERATE A MOTOR VEHICLE. THE PURPOSE OF THE COMPONENT
 IS  TO  EDUCATE PROSPECTIVE LICENSEES ON THE POTENTIAL DANGERS TO PEDES-
 TRIANS, BICYCLISTS, AND OTHER NON-MOTORIZED VEHICLES  CREATED  BY  MOTOR
 VEHICLES.
   (II)  THE  CURRICULUM  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, AN
 OVERVIEW OF TRAFFIC LAWS GOVERNING  MOTOR  VEHICLE  OPERATORS'  DUTY  TO
 EXERCISE  DUE CARE WITH RESPECT TO PEDESTRIANS AND BICYCLISTS, INCLUDING
 BUT NOT LIMITED TO UNDERSTANDING BICYCLISTS' AND PEDESTRIANS' NEEDS  AND
 REDUCED  VISIBILITY,  RESPECTING  BICYCLISTS' AND PEDESTRIANS' RIGHTS OF
 WAY, SAFE OPERATION NEAR BICYCLISTS AND PEDESTRIANS, INCLUDING  CHILDREN
 AND  BLIND,  DEAF,  ELDERLY  AND  DISABLED PEDESTRIANS, BICYCLE LANES AS
 DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS CHAPTER, SAFELY  OVERTAKING
 A  BICYCLE,  THE  DANGERS  OF DISTRACTED DRIVING, DRIVING AT APPROPRIATE
 REDUCED SPEEDS WHEN SPECIAL HAZARDS EXIST WITH RESPECT TO PEDESTRIANS OR
 OTHER WEATHER OR HIGHWAY CONDITIONS, SAFELY TURNING, STOPPING, STANDING,
 AND PARKING, MOTOR VEHICLE OPERATORS' OBLIGATIONS TO COMPLY WITH ARTICLE
 TWENTY-TWO OF THIS CHAPTER, AND TRAFFIC  CONTROL  DEVICES  AND  MARKINGS
 RELATED TO BICYCLISTS AND PEDESTRIANS.
   (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF THE STATE
 POLICE, THE COMMISSIONERS OF TRANSPORTATION AND POLICE OF  THE  CITY  OF
 NEW  YORK, MEDICAL PROFESSIONALS AND BICYCLE AND PEDESTRIAN SAFETY ADVO-
 CATES.
   (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), (c-3)
 [and], (c-4) AND (C-5) of this subdivision. The commissioner shall  also
 provide for the additional training of the instructors necessary for the
 competent  instruction  of  the  alcohol and drug education, "Road Rage"
 awareness, "Work Zone Safety" awareness, "Motorcycle  Safety"  awareness
 [and], "School Bus Safety" awareness AND "PEDESTRIAN AND BICYCLIST SAFE-
 TY" AWARENESS subject matters of the pre-licensing course.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that if chapter 513 of
 the laws of 2019 shall not have taken effect on or before such date then
 section one of this act shall take effect on the same date  and  in  the
 same manner as such chapter of the laws of 2019 takes effect.