S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6202
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 15, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  GOUNARDES,  HOYLMAN  --  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10482-02-1

 S. 6202                             2
 
 not, and New Yorkers are paying the price with lives lost and bodies and
 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

 S. 6202                             3
 
 PRESUMPTION SUCH DRIVER WAS OPERATING IN VIOLATION OF SUBDIVISION (A) OF
 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:

 S. 6202                             4
 
   (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 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

 S. 6202                             5
 
 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  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

 S. 6202                             6
 
 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 "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.