S T A T E O F N E W Y O R K
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5228--C
Cal. No. 498
2019-2020 Regular Sessions
I N S E N A T E
April 17, 2019
___________
Introduced by Sens. GOUNARDES, MAY, MYRIE, RAMOS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Transportation in accordance with Senate Rule 6,
sec. 8 -- reported favorably from said committee, ordered to first
report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
-- recommitted to the Committee on Transportation in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11203-10-0
S. 5228--C 2
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
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
S. 5228--C 3
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
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.
