S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1788
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, SIMON, GALLAGHER, SEAWRIGHT, EPSTEIN,
   CLARK, DINOWITZ, BUTTENSCHON -- read once and referred to the  Commit-
   tee 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.
                                                            LBD03522-01-5
              

 A. 1788                             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 amended by  chap-
 ter 436 of the laws of 2024, 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 any parking lot, or
 unreasonably endangers users of the public highway or any  parking  lot.
 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) As used in this section, "parking lot"  shall  mean  any  area  or
 areas  of  private property, including a driveway, near or contiguous to
 and provided in connection with premises and used as a means  of  access
 to and egress from a public highway to such premises and having a capac-
 ity  for  the  parking of four or more motor vehicles. The provisions of
 this section shall not apply to any area or areas  of  private  property
 A. 1788                             3
 
 comprising  all  or  part  of property on which is situated a one or two
 family residence.
   (C)  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.
   (D) 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
 A. 1788                             4

 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,  subpara-
 graph  (i)  of paragraph (a) and paragraph (b) as amended by chapter 379
 of the laws of 2022 and paragraph (d) as amended by chapter 477  of  the
 laws  of 2024, 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-
 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
 A. 1788                             5
 
 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-
 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] SUCH COMMISSIONER chooses to  do  so,  [she]
 THEY  shall  set forth [her] THE reasons in writing and conduct a public
 hearing on the matter. [She] SUCH COMMISSIONER 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.
 A. 1788                             6
 
   (d) (i) The commissioner shall make available  for  distribution  upon
 registration  at  each  location  where the pre-licensing course will be
 given (1) 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, and (2)
 information as to how a person may register in the New York state  organ
 and  tissue  donor registry under section forty-three hundred ten of the
 public health law.
   (ii) The commissioner shall also provide for the  additional  training
 of  the instructors necessary for the competent instruction of the alco-
 hol and drug education, "Road Rage" awareness, "Work Zone Safety" aware-
 ness, "Motorcycle  Safety"  awareness,  "School  Bus  Safety"  awareness
 [and], "Pedestrian and Bicyclist Safety" awareness AND "RECKLESS DRIVING
 AND  VEHICULAR VIOLENCE" AWARENESS COMPONENT 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,
 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
 A. 1788                             7
 
 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
 paragraph (d) of subdivision 4 of section 502 of the vehicle and traffic
 law made by section four of this act shall take effect on the same  date
 and in the same manner as chapter 477 of the laws of 2024, takes effect;
 provided, further, 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.