S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7032
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation  to  reckless  driving  and  the implementation of a reckless
   driving and vehicular violence awareness component of the  pre-licens-
   ing course for driver's licenses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The Legislature recognizes the  height-
 ened  responsibility of operating a multi-ton car or truck and that such
 motor vehicle is a dangerous instrument under  state  law  that,  in  an
 instant,  can  cause lethal physical harm. For example, when operating a
 car at 30 miles per hour the average risk of  a  pedestrian  dying  upon
 impact  with  such car is 40%, at 40 miles per hour the risk of death is
 80%, and at speeds greater than 50 miles  per  hour  the  likelihood  of
 death is near certain at nearly 100%.
   When  deaths resulting from alcohol-impaired driving were reduced from
 approximately 30,000 annually in  the  early  1980s  across  the  United
 States to approximately 10,000 annually in recent years, that remarkable
 reduction  was  achieved in part by the certainty experienced by drivers
 that they would suffer legal consequences for driving impaired and risk-
 ing the lives of themselves and others, resulting from changes  in  laws
 prohibiting impaired driving. However, that certainty does not exist for
 other  types  of dangerous driving. A 2016 survey by the National Safety
 Council showed that "although 83% of drivers surveyed believe driving is
 a safety concern, a startling number say they are  comfortable  speeding
 (64%)  and  texting  either  manually  or through voice controls (47%),"
 whereas far fewer (10%) say they are comfortable driving after they feel
 they've had too much alcohol. This shows that, while drunk  driving  has
 become socially unacceptable, most other forms of dangerous driving have
 not, and New Yorkers are paying the price with lives lost and bodies and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10482-02-1

 A. 7032                             2
 
 families  shattered. Moreover, the New York City Department of Transpor-
 tation estimated in 2010 that the annual cost  of  all  traffic  crashes
 just  in  New  York  City  to be $4.29 billion annually, about 1% of the
 Gross City Product.
   As  evidenced  by  our  country's experience combatting drunk driving,
 research has shown that perceived certainty  of  legal  consequences  is
 necessary to deter or prevent harmful acts, including dangerous driving.
 The  original statutory language of the New York vehicle and traffic law
 section 1212, in and of itself, is favorable to  a  reasonable  standard
 for  reckless  or dangerous driving, specifying that driving in a manner
 that "unreasonably interferes with" or "unreasonably  endangers  others"
 constitutes a violation of that section and is an unclassified misdemea-
 nor. However, that reasonableness standard has subsequently been height-
 ened by New York judicial interpretations that require factors such as a
 finding  of  seriously  blameworthy conduct, an "affirmative act" by the
 driver, a "gross deviation" from the standard of  conduct  a  reasonable
 person  would observe, and additional "aggravating factors" on behalf of
 the driver -- all judicial interpretations not required by the  original
 statutory  text.  This judicially imposed requirement fails to recognize
 the awesome responsibility that operating a multi-ton car  or  truck  is
 and  as  a consequence, evidenced in part by the staggering injuries and
 deaths in our state, the statute has failed to achieve what it intended.
 Cars and trucks are dangerous instruments under state law and should  be
 recognized  as  such when applying vehicle and traffic law section 1212.
 For these reasons the Legislature is correcting  the  misapplication  of
 vehicle  and  traffic  law  section  1212 and restore the statute to its
 original intent to deter and prevent dangerous operation of heavy  motor
 vehicles that pose a daily threat to public health and risk the lives of
 New Yorkers throughout our state.
   §  2. Section 1212 of the vehicle and traffic law, as added by chapter
 47 of the laws of 1988, is amended to read as follows:
   § 1212. Reckless driving. (A) Reckless driving  shall  mean  [driving]
 OPERATING  or  using  any motor vehicle, motorcycle or any other vehicle
 propelled by any power other than muscular power  or  any  appliance  or
 accessory  thereof  in  a  manner which unreasonably interferes with the
 free and [proper] SAFE use of the public highway, or unreasonably endan-
 gers users of the public highway. Reckless driving is prohibited.  Every
 person  violating  this  provision  shall  be  guilty  of a misdemeanor.
 NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR  THE  PENAL  LAW,
 THERE SHALL BE A REBUTTABLE PRESUMPTION THAT EVERY PERSON VIOLATING THIS
 SECTION AND WHO CAUSES PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH
 TO  ANOTHER PERSON SHALL BE FOUND TO HAVE ACTED WITH CRIMINAL NEGLIGENCE
 UNDER SECTION 15.05 OF THE PENAL LAW, AND EVERY  PERSON  VIOLATING  THIS
 SECTION WHILE ACTING WITH CRIMINAL NEGLIGENCE SHALL BE GUILTY OF A CLASS
 A MISDEMEANOR. A VIOLATION OF THIS SECTION DOES NOT REQUIRE A FINDING OF
 A  MINIMUM  NUMBER  OF  VIOLATIONS OF LAW OR A FINDING THAT A PERSON WAS
 AWARE OF, HAD PERCEIVED, OR HAD CREATED THE  RISK  OF  HARM  TO  ANOTHER
 PERSON.
   (B)  PROVIDED  FURTHER, IF THE OPERATOR OF A MOTOR VEHICLE, MOTORCYCLE
 OR ANY OTHER VEHICLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR
 ANY APPLIANCE OR ACCESSORY THEREOF OPERATES  IN  A  MANNER  THAT  CAUSES
 PHYSICAL  INJURY,  SERIOUS  PHYSICAL  INJURY  OR DEATH TO ANOTHER PERSON
 WHILE VIOLATING ONE OR MORE SECTIONS OF THIS CHAPTER OR OF A LAW,  ORDI-
 NANCE,  ORDER,  RULE  OR REGULATION RELATING TO TRAFFIC, EXCEPT PARKING,
 STANDING, OR  STOPPING  OFFENSES,  THEN  THERE  SHALL  BE  A  REBUTTABLE
 PRESUMPTION SUCH DRIVER WAS OPERATING IN VIOLATION OF SUBDIVISION (A) OF

 A. 7032                             3
 
 THIS  SECTION.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE DEEMED TO
 SUPERSEDE THE PROVISIONS OF ANY OTHER APPLICABLE SECTION OF LAW.
   (C) A DRIVER OF A MOTOR VEHICLE OR MOTORCYCLE GUILTY OF VIOLATING THIS
 SECTION SHALL ADDITIONALLY BE REQUIRED TO PARTICIPATE IN A MOTOR VEHICLE
 ACCIDENT  PREVENTION  COURSE  APPROVED  BY  THE COMMISSIONER PURSUANT TO
 ARTICLE TWELVE-B OF THIS CHAPTER.
   § 3. Section 1146 of the vehicle and traffic law, as amended by  chap-
 ter 333 of the laws of 2010, is amended to read as follows:
   § 1146. Drivers  to  exercise  due  care.  [(a)]  Notwithstanding  the
 provisions of any other law to the contrary, every driver of  a  vehicle
 shall exercise due care to avoid colliding with any bicyclist, pedestri-
 an, or domestic animal upon any roadway and shall give warning by sound-
 ing  the horn when necessary. For the purposes of this section, the term
 "domestic animal" shall mean domesticated sheep, cattle, and goats which
 are under the supervision and control of a pedestrian.
   [(b) 1. A driver of a motor vehicle  who  causes  physical  injury  as
 defined  in  article  ten  of the penal law to a pedestrian or bicyclist
 while failing to exercise due care in violation of  subdivision  (a)  of
 this  section,  shall  be guilty of a traffic infraction punishable by a
 fine of not more than five hundred dollars or by  imprisonment  for  not
 more than fifteen days or by both such fine and imprisonment.
   2.  If  such  driver  of  a motor vehicle causes physical injury while
 failing to exercise due care in violation of  subdivision  (a)  of  this
 section,  then there shall be a rebuttable presumption that, as a result
 of such failure to exercise due care, such  person  operated  the  motor
 vehicle in a manner that caused such physical injury.
   (c)  1. A driver of a motor vehicle who causes serious physical injury
 as defined in article ten of the penal law to a pedestrian or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine of not more than seven hundred fifty dollars or by imprisonment for
 not more than fifteen days or by required participation in a motor vehi-
 cle  accident  prevention course pursuant to paragraph (e-1) of subdivi-
 sion two of section 65.10 of the penal law or by any combination of such
 fine, imprisonment or course, and by suspension of a license  or  regis-
 tration  pursuant to subparagraph (xiv) or (xv) of paragraph b of subdi-
 vision two of section five hundred ten of this chapter.
   2. If such driver of a motor vehicle causes  serious  physical  injury
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, then there shall be a rebuttable presumption  that,  as  a
 result  of  such  failure to exercise due care, such person operated the
 motor vehicle in a manner that caused such serious physical injury.
   (d) A violation of subdivision (b) or (c) of this section committed by
 a person who has previously been convicted  of  any  violation  of  such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor  punishable  by a fine of not more than one thousand dollars
 in addition to any other penalties provided by law.
   (e) Nothing contained in this section shall  prevent  the  court  from
 imposing  any other authorized disposition, including a period of commu-
 nity service.]
   § 4.  Subparagraph (i) of paragraph (a) and paragraphs (b) and (d)  of
 subdivision  4 of section 502 of the vehicle and traffic law, as amended
 by chapter 513 of the laws of 2019, 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

 A. 7032                             4
 
 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 LAWS  RELATING  TO  "RECKLESS
 DRIVING  AND VEHICULAR VIOLENCE" AWARENESS, the law relating to exercis-
 ing due care to avoid colliding  with  a  parked,  stopped  or  standing
 authorized emergency vehicle or hazard vehicle pursuant to section elev-
 en hundred forty-four-a of this chapter, the ability to read and compre-
 hend traffic signs and symbols and such other matters as the commission-
 er  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 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 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  of  "Road  Rage"  on the ability of a person to operate a motor
 vehicle and the legal and financial consequences resulting from assault-
 ing, threatening 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 SHALL INCLUDE ONE OR MORE QUESTIONS CONCERNING RECKLESS  DRIV-
 ING  AND  EXERCISING  DUE  CARE  TO  AVOID COLLIDING WITH BICYCLISTS AND
 PEDESTRIANS. Such test may include  one  or  more  questions  concerning
 motorcycle  safety. Such test may include one or more questions concern-
 ing 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 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 application 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 "RECKLESS DRIVING AND VEHICULAR VIOLENCE"
 AWARENESS 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 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.

 A. 7032                             5
 
 If HE OR she chooses to do so, HE OR she shall  set  forth  HIS  OR  her
 reasons in writing and conduct a public hearing on the matter.  [She] HE
 OR  SHE  shall  only  establish  such a program after holding the public
 hearing.
    (C-5)  "RECKLESS DRIVING AND VEHICULAR VIOLENCE" AWARENESS COMPONENT.
 (I) THE COMMISSIONER SHALL PROVIDE  IN  THE  PRE-LICENSING  COURSE,  SET
 FORTH  IN  PARAGRAPH  (B)  OF THIS SUBDIVISION, A MANDATORY COMPONENT IN
 "RECKLESS DRIVING AND  VEHICULAR  VIOLENCE"  AWARENESS  EDUCATION  AS  A
 PREREQUISITE  FOR  OBTAINING  A  LICENSE TO OPERATE A MOTOR VEHICLE. THE
 PURPOSE OF THE COMPONENT IS TO  EDUCATE  PROSPECTIVE  LICENSEES  ON  THE
 POTENTIAL  DANGERS  TO  PEDESTRIANS, BICYCLISTS, AND OTHER NON-MOTORIZED
 VEHICLES CREATED BY MOTOR VEHICLES, AND THE CONSEQUENCES OF COMMITTING A
 VEHICULAR CRIME THAT CAUSES INJURY OR DEATH TO ANOTHER INDIVIDUAL.
   (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' 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, SAFETY  OVERTAKING
 A BICYCLE, THE DANGERS OF DISTRACTED DRIVING AND RECKLESS DRIVING, DRIV-
 ING  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' OBLI-
 GATIONS  TO  COMPLY  WITH  ARTICLE  TWENTY-TWO  OF THIS CHAPTER, TRAFFIC
 CONTROL DEVICES AND MARKINGS RELATED TO BICYCLISTS AND PEDESTRIANS,  AND
 AN OVERVIEW OF LAWS GOVERNING CONDUCT COMMITTED WHILE OPERATING A MOTOR-
 IZED VEHICLE THAT CAUSES INJURY OR DEATH TO ANOTHER PERSON.
   (III)  IN  DEVELOPING  SUCH CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION,  THE  SUPERINTENDENT  OF  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 subject matters of  the  pre-licensing
 course.
   §  5.  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,

 A. 7032                             6
 
 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 "RECKLESS DRIVING AND
 VEHICULAR  VIOLENCE"  AWARNESS  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. 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 "RECKLESS
 DRIVING AND VEHICULAR VIOLENCE" AWARENESS 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.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law provided, however,  that  the  amendments  to
 subsection (a) of section 2336 of the insurance law made by section five
 of  this  act  shall  be subject to the expiration and reversion 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 six of this act
 shall take effect.