S T A T E O F N E W Y O R K
________________________________________________________________________
5084--A
2021-2022 Regular Sessions
I N A S S E M B L Y
February 10, 2021
___________
Introduced by M. of A. GALLAGHER, EPSTEIN, MITAYNES, SEAWRIGHT, DINOW-
ITZ, GOTTFRIED, GALEF, MAMDANI, FAHY, McMAHON, JACKSON, FORREST,
SILLITTI, KELLES, SIMON, CARROLL, GONZALEZ-ROJAS, CLARK, RAJKUMAR,
OTIS, THIELE, GLICK, FRONTUS, CRUZ -- Multi-Sponsored by -- M. of A.
BRAUNSTEIN -- read once and referred to the Committee on Transporta-
tion -- 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 committee
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. Subparagraph (i) of paragraph (a) and paragraphs (b) and
(d) of subdivision 4 of section 502 of the vehicle and traffic law,
subparagraph (i) of paragraph (a) and paragraph (d) as amended by chap-
ter 513 of the laws of 2019 and paragraph (b) as amended by chapter 25
of the laws of 2022, are amended and a new paragraph (c-5) is added 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03118-04-2
A. 5084--A 2
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 MAY INCLUDE ONE OR MORE QUESTIONS CONCERNING PEDESTRIAN AND
BICYCLIST SAFETY. Such test shall be administered 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 applica-
tion may be accepted and the application fee shall be payable.
(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. Provided, however, that the term "repre-
sentative vehicle" shall not include a three-wheeled motor vehicle that
has two wheels situated in the front and one wheel in the rear, has a
steering mechanism and seating which does not require the operator to
straddle or sit astride, is equipped with safety belts for all occupants
and is manufactured to comply with federal motor vehicle safety stand-
ards for motorcycles including, but not limited to, 49 C.F.R. part 571.
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 hear-
ing.
(C-5) "PEDESTRIAN AND BICYCLIST SAFETY" AWARENESS COMPONENT. (I) THE
COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN
A. 5084--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.
(II) THE COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR THE "PEDESTRIAN
AND BICYCLIST SAFETY" AWARENESS COMPONENT WHICH SHALL INCLUDE BUT NOT BE
LIMITED TO: AN OVERVIEW OF TRAFFIC LAWS GOVERNING MOTOR VEHICLE OPERA-
TORS' DUTY TO EXERCISE DUE CARE WITH RESPECT TO PEDESTRIANS AND BICY-
CLISTS, INCLUDING BUT NOT LIMITED TO UNDERSTANDING PEDESTRIANS' AND
BICYCLISTS' NEEDS AND REDUCED VISIBILITY, RESPECTING PEDESTRIANS' AND
BICYCLISTS' RIGHTS OF WAY, SAFE OPERATION NEAR PEDESTRIANS AND BICY-
CLISTS, INCLUDING CHILDREN AND BLIND, DEAF, ELDERLY AND DISABLED PEDES-
TRIANS, BICYCLE LANES AS DEFINED IN SECTION ONE HUNDRED TWO-A OF THIS
CHAPTER, SAFELY OVERTAKING A PEDESTRIAN OR A BICYCLIST, THE DANGERS OF
DISTRACTED DRIVING, DRIVING AT APPROPRIATE REDUCED SPEEDS WHEN SPECIAL
HAZARDS EXIST WITH RESPECT TO PEDESTRIANS AND BICYCLISTS SUCH AS 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, ROADWAY
DESIGNS AND TRAFFIC CALMING MEASURES RELATED TO PEDESTRIANS AND BICY-
CLISTS.
(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, OTHER LOCAL LAW ENFORCEMENT AND HIGHWAY SAFETY OFFICIALS,
MEDICAL PROFESSIONALS, BICYCLE AND PEDESTRIAN SAFETY ADVOCATES, AND ANY
OTHER GROUP THAT THE COMMISSIONER BELIEVES CAN CONTRIBUTE TO A COMPRE-
HENSIVE PRESENTATION OF THE ISSUE.
(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. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.