S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    62
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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 513 of
 the laws of 2019, 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,  "School  Bus  Safety" awareness, the law relating to exercising
 due care to avoid colliding with a parked, stopped or  standing  author-
 ized  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 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 at least seven writ-
 ten 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 ninety-two of this chapter, prohibiting the operation of a motor
 vehicle  while  under the influence of alcohol or drugs. Such test shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01132-01-1

 S. 62                               2
 
 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 THE RESPONSI-
 BILITIES OF A DRIVER WHEN STOPPED BY A  LAW  ENFORCEMENT  OFFICER.  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.
   § 2. Paragraph (b) of subdivision 4 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 513 of the laws of 2019, 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, 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  TRAFFIC  STOP  INSTRUCTION  COMPONENT  AS
 DESCRIBED IN PARAGRAPH (C-5) 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  commis-
 sioner  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 appli-
 cants  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-5) to read as follows:
   (C-5)  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

 S. 62                               3
 
 MOVING  THE VEHICLE ONTO THE SHOULDER OF THE HIGHWAY OR, WHERE THE HIGH-
 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.

 S. 62                               4
 
   §  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
 the  insurance law, made by section four of this act shall be subject to
 the expiration and repeal of such subsection pursuant to  section  5  of
 chapter  751  of  the  laws of 2005, as amended, when upon such date the
 provisions of section five of this  act  shall  take  effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation 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.