S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5707
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sens.  KENNEDY, GOUNARDES, HOYLMAN-SIGAL, MYRIE, RIVERA,
   SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
   ed 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.
                                                            LBD08822-01-3
              

 S. 5707                             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 restoring 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. 5707                             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 379 of the laws of 2022, are  amended  and  a  new  paragraph
 (c-6) is added to read as follows:
 S. 5707                             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, "Motorcycle Safety" awareness and "Pedestrian  and  Bicyclist
 Safety"  awareness  as  defined by the commissioner, "School Bus Safety"
 awareness,  THE  LAWS  RELATING  TO  "RECKLESS  DRIVING  AND   VEHICULAR
 VIOLENCE"  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
 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 SHALL
 INCLUDE ONE OR MORE QUESTIONS CONCERNING RECKLESS DRIVING 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 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,  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 "RECK-
 LESS DRIVING AND VEHICULAR VIOLENCE" AWARENESS 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 commissioner which shall be appropriate to the type of
 license for which application is made, except that the commissioner  may
 S. 5707                             5
 
 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 seat-
 ing 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  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 OR HE chooses to do so, she OR HE shall set
 forth her OR HIS reasons in writing and conduct a public hearing on  the
 matter.  She OR HE shall only establish such a program after holding the
 public hearing.
    (C-6) "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),
 (c-4) [and], (c-5) AND (C-6) 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,  "School  Bus Safety" awareness and "Pedestrian and Bicyclist
 Safety" awareness subject matters of the pre-licensing course.
 S. 5707                             6
 
   § 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,
 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" 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.
   §  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.