S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2426
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 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 379 of
 the laws of 2022, 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, "Motorcycle Safety" awareness and "Pedestrian  and  Bicyclist
 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 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 OFFI-
 CER 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05308-02-3
              

 S. 2426                             2
 
 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  may  include one or more questions concerning pedestrian and bicy-
 clist 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.
   §  2. Paragraph (b) of subdivision 4 of section 502 of the vehicle and
 traffic law, as amended by chapter 379 of the laws of 2022,  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, 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, a "School
 Bus Safety" awareness component as described in paragraph (c-4) of  this
 subdivision,  [and] a "Pedestrian and Bicyclist Safety" awareness compo-
 nent as described in paragraph (c-5) of this subdivision, AND A  TRAFFIC
 STOP  INSTRUCTION  COMPONENT  AS  DESCRIBED  IN  PARAGRAPH (C-6) OF THIS
 SUBDIVISION, the commissioner shall cause the applicant to take  a  road
 test in a representative vehicle of a type prescribed by the commission-
 er  which shall be appropriate to the type of license for which applica-
 tion is made, except that the  commissioner  may  waive  the  road  test
 requirements  for certain classes of applicants. Provided, however, that
 the term "representative 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 vehi-
 cle  safety  standards 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 hearing.
   §  3.  Subdivision  4 of section 502 of the vehicle and traffic law is
 amended by adding a new paragraph (c-6) to read as follows:
   (C-6) 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
 S. 2426                             3
 
 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-
 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.  Paragraph  1 of subsection (a) of section 2336 of the insurance
 law, as amended by 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 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
 S. 2426                             4
 
 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
 article twenty-one of the vehicle and traffic law as  a  result  of  any
 traffic infraction.
   §  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 reversion of any rule or
 regulation necessary for the implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.