S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4005
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to amend the vehicle and traffic law, in relation to rotary and
   roundabout use and safety awareness in the pre-licensing course
 
   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) and paragraphs (b) and
 (d) of subdivision 4 of section 502 of  the  vehicle  and  traffic  law,
 subparagraph  (i) of paragraph (a) and paragraph (b) as amended by chap-
 ter 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,  "ROTARY  AND ROUNDABOUT USE AND SAFETY", the law relating to
 exercising due care to avoid colliding with a parked, stopped or  stand-
 ing  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  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07992-01-5
              

 A. 4005                             2
 
 section eleven hundred ninety-two of this chapter, prohibiting the oper-
 ation 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, threatening or interfering with the lawful conduct of anoth-
 er 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  safe-
 ty.  Such  test may include one or more questions concerning the law for
 exercising due care to avoid colliding with a parked, stopped or  stand-
 ing  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 MAY INCLUDE ONE OR MORE QUES-
 TIONS CONCERNING ROTARY AND ROUNDABOUT USE AND 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,  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 ROTARY
 AND ROUNDABOUT USE AND SAFETY AWARENESS COMPONENT AS DESCRIBED IN  PARA-
 GRAPH (C-6) OF THIS SUBDIVISION, the commissioner shall cause the appli-
 cant  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]
 SUCH COMMISSIONER shall set forth [her] reasons in writing and conduct a
 public  hearing on the matter. [She] SUCH COMMISSIONER shall only estab-
 lish such a program after holding the public hearing.
   (C-6) ROTARY AND ROUNDABOUT USE AND SAFETY  AWARENESS  COMPONENT.  (I)
 THE COMMISSIONER SHALL PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN
 PARAGRAPH  (B)  OF THIS SUBDIVISION, A MANDATORY COMPONENT IN ROTARY AND
 ROUNDABOUT USE AND SAFETY AWARENESS EDUCATION AS  A    PREREQUISITE  FOR
 OBTAINING  A  LICENSE  TO  OPERATE  A  MOTOR VEHICLE. THE PURPOSE OF THE
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 COMPONENT IS TO EDUCATE PROSPECTIVE LICENSEES ON ROTARY  AND  ROUNDABOUT
 USE AND SAFETY, INCLUDING, BUT NOT LIMITED TO, WHEN TO YIELD AND WHEN TO
 ENTER  SUCH  ROTARY  OR  ROUNDABOUT  PURSUANT  TO SECTION ELEVEN HUNDRED
 FORTY-FIVE OF THIS CHAPTER.
   (II)  IN  DEVELOPING  SUCH  CURRICULUM, THE COMMISSIONER SHALL CONSULT
 WITH THE COMMISSIONER OF TRANSPORTATION.
   (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 ROTARY ROUNDABOUT
 USE AND SAFETY AWARENESS subject matters of the pre-licensing course.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however, that if  chapter  477  of
 the laws of 2024 shall not have taken effect on or before such date then
 the  amendments  to paragraph (d) of subdivision 4 of section 502 of the
 vehicle and traffic law made by section  one  of  this  act  shall  take
 effect  on  the  same date and in the same manner as such chapter of the
 laws of 2024, takes effect.