S T A T E   O F   N E W   Y O R K
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                                  1082--A
     Cal. No. 52
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- 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 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00931-02-9

 S. 1082--A                          2
 
 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
 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 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.
   §  3.  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
 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
 MOVING THE VEHICLE ONTO THE SHOULDER OF THE HIGHWAY OR, WHERE THE  HIGH-

 S. 1082--A                          3
 
 WAY  HAS  NO SHOULDER, AN AREA ADJACENT TO THE HIGHWAY WHERE THE VEHICLE
 CAN SAFELY BE STOPPED DURING A TRAFFIC STOP; TURNING OFF THE MOTOR VEHI-
 CLE'S ENGINE AND RADIO; AVOIDING SUDDEN MOVEMENTS AND KEEPING THE  DRIV-
 ER'S  HANDS IN PLAIN VIEW OF THE OFFICER. THE COMMISSIONER IS AUTHORIZED
 TO COLLABORATE WITH THE DIVISION OF STATE POLICE AND  NON-PROFIT  ORGAN-
 IZATIONS  FOCUSING  ON  DEFENDING  OR  PROMOTING CIVIL LIBERTIES AND ANY
 OTHER AGENCIES OR ORGANIZATIONS SHE OR HE DEEMS NECESSARY IN  ESTABLISH-
 ING THE CURRICULUM.
   §  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
 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 one year after it shall have become  a
 law;  provided  that the amendments to subsection (a) of section 2336 of

 S. 1082--A                          4
 
 the insurance law, made by section four of this act,  shall  not  affect
 the  expiration  and  reversion  of  such subsection and shall be deemed
 repealed therewith, when upon such date section five of this  act  shall
 take  effect.  Effective  immediately,  the  addition,  amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.