S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9494
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sens.  COONEY,  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08822-01-3
 S. 9494                             2
 
 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
 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.
 S. 9494                             3
 
   (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:
   (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-
 S. 9494                             4

 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
 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-
 S. 9494                             5
 
 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.
   § 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
 S. 9494                             6

 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.