S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6438
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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
 include one or more written questions concerning the devastating effects
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11129-01-1

 S. 6438                             2
 
 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
 MOVING THE VEHICLE ONTO THE SHOULDER OF THE HIGHWAY OR, WHERE THE  HIGH-

 S. 6438                             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. SUCH CURRICULUM SHALL BE UPDATED AT LEAST ANNUALLY.
   §  4.  Paragraph  1 of subsection (a) of section 2336 of the insurance
 law, as amended by section 3 of chapter  4  of  the  laws  of  2021,  is
 amended to read as follows:
   (1)  Any  schedule of rates or rating plan for motor vehicle liability
 and collision insurance submitted to the  superintendent  shall  provide
 for  an  actuarially  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 coun-
 cil's  defensive  driving  course,  or  any  driver  improvement  course
 approved  by the department of motor vehicles as being equivalent to the
 national safety  council'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 that 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.
   § 5. Paragraph 1 of subsection (a) of section 2336  of  the  insurance
 law,  as  amended  by  section  4  of  chapter 4 of the laws of 2021, is
 amended to read as follows:
   (1) Any schedule of rates or rating plan for motor  vehicle  liability
 and  collision  insurance  submitted to the superintendent shall provide
 for an actuarially 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  coun-
 cil's  defensive  driving  course,  or  any  driver  improvement  course
 approved by the department of motor vehicles as being equivalent to  the
 national  safety  council's  defensive  driving course, provided that in
 either event there shall be no reduction in premiums for a self-instruc-
 tion defensive driving course or a course  that  does  not  provide  for
 actual classroom instruction for a minimum number of hours as determined
 by  the  department 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 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

 S. 6438                             4
 
 article twenty-one of the vehicle and traffic law as  a  result  of  any
 traffic infraction.
   §  6.  Subdivision  6 of section 502 of the vehicle and traffic law is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) NOTWITHSTANDING PARAGRAPH (A) OF  THIS  SUBDIVISION,  A  LICENSE
 SHALL  NOT  BE  RENEWED  UNTIL  SUCH  TIME AS THE APPLICANT COMPLETES AN
 UPDATED TRAFFIC STOP INSTRUCTION COURSE WITH THE  MOST  RECENTLY  ISSUED
 COURSE  INSTRUCTIONAL MATERIALS DEVELOPED PURSUANT TO PARAGRAPH (C-5) OF
 SUBDIVISION FOUR OF THIS SECTION. SUCH  COURSE  MAY  BE  OFFERED  IN  AN
 INTERACTIVE  VIDEO  OR  OTHER ELECTRONIC MEANS AS PART OF AN APPLICANT'S
 ONLINE RENEWAL APPLICATION.
   § 7. This act shall take effect one year after it shall have become  a
 law;  provided that the amendments to paragraph (1) of 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 pursu-
 ant 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 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.