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A05885 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
        Introduced by M. of A. MOSLEY -- read once and referred to the Committee
          on Transportation
        AN  ACT  to  amend  the vehicle and traffic law, in relation to adding a
          bicycle and pedestrian safety component to the pre-licensing  driver's
          education course
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (i) of paragraph (a) and  paragraphs  (b)  and
     2  (d)  of  subdivision 4 of section 502 of the vehicle and traffic law, as
     3  amended by chapter 355 of the laws of 2017, are amended and a new  para-
     4  graph (c-4) is added to read as follows:
     5    (i)  Upon  submission  of  an  application for a driver's license, the
     6  applicant shall be required to take and pass a test, or submit  evidence
     7  of  passage of a test, with respect to the laws relating to traffic, the
     8  laws relating to driving while ability is impaired and while  intoxicat-
     9  ed,  under the overpowering influence of "Road Rage", "Work Zone Safety"
    10  awareness and "Motorcycle Safety" awareness as defined  by  the  commis-
    11  sioner,  the law relating to exercising due care to avoid colliding with
    12  a parked, stopped or standing authorized  emergency  vehicle  or  hazard
    13  vehicle pursuant to section eleven hundred forty-four-a of this chapter,
    14  the  ability  to  read and comprehend traffic signs and symbols and such
    15  other matters as the commissioner may prescribe, and  to  satisfactorily
    16  complete  a  course prescribed by the commissioner of not less than four
    17  hours and not more than  five  hours,  consisting  of  classroom  driver
    18  training  and highway safety instruction or the equivalent thereof. Such
    19  test shall include one or more questions concerning bicycle  and  pedes-
    20  trian  safety.  Such test shall include at least seven written questions
    21  concerning the effects of consumption of alcohol or drugs on the ability
    22  of a person to operate a motor  vehicle  and  the  legal  and  financial
    23  consequences  resulting  from violations of section eleven hundred nine-
    24  ty-two of this chapter, prohibiting the operation  of  a  motor  vehicle
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5885                             2
     1  while  under  the influence of alcohol or drugs. Such test shall include
     2  one or more written questions  concerning  the  devastating  effects  of
     3  "Road  Rage"  on  the ability of a person to operate a motor vehicle and
     4  the  legal and financial consequences resulting from assaulting, threat-
     5  ening or interfering with the lawful conduct of another  person  legally
     6  using  the  roadway.  Such  test  shall  include  one  or more questions
     7  concerning the potential dangers to persons and equipment resulting from
     8  the unsafe operation of a motor vehicle in a work zone.  Such  test  may
     9  include  one  or  more questions concerning motorcycle safety. Such test
    10  may include one or more questions concerning the law for exercising  due
    11  care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
    12  pursuant to section eleven hundred forty-four-a of  this  chapter.  Such
    13  test  shall  be administered by the commissioner. The commissioner shall
    14  cause the applicant to take a vision test and a test  for  color  blind-
    15  ness.  Upon  passage of the vision test, the application may be accepted
    16  and the application fee shall be payable.
    17    (b) Upon successful completion of the requirements set forth in  para-
    18  graph  (a)  of  this subdivision which shall include an alcohol and drug
    19  education component as described in paragraph (c) of this subdivision, a
    20  "Road Rage" awareness component as described in paragraph (c-1) of  this
    21  subdivision [and], a "Work Zone Safety" awareness component as described
    22  in  paragraph  (c-2)  of  this  subdivision, [and] a "Motorcycle Safety"
    23  awareness component as described in paragraph (c-3) of this  subdivision
    24  and  a  "bicycle  and pedestrian safety" component as described in para-
    25  graph (c-4) of this subdivision the commissioner shall cause the  appli-
    26  cant  to  take  a  road  test  in  a  representative  vehicle  of a type
    27  prescribed by the commissioner which shall be appropriate to the type of
    28  license for which application is made, except that the commissioner  may
    29  waive  the road test requirements for certain classes of applicants. The
    30  commissioner shall have the  power  to  establish  a  program  to  allow
    31  persons  other than employees of the department to conduct road tests in
    32  representative vehicles when such tests are required for  applicants  to
    33  obtain a class A, B or C license. If she chooses to do so, she shall set
    34  forth her reasons in writing and conduct a public hearing on the matter.
    35  She  shall  only establish such a program after holding the public hear-
    36  ing.
    37    (c-4) "Bicycle and pedestrian safety" component. (i) The  commissioner
    38  shall provide in the pre-licensing course, set forth in paragraph (b) of
    39  this subdivision, a mandatory component in "bicycle and pedestrian safe-
    40  ty"  education  as  a  prerequisite for obtaining a license to operate a
    41  motor vehicle. The purpose of the component is  to  educate  prospective
    42  licensees  on  the potential dangers to pedestrians, bicyclists, in-line
    43  skaters, scooter riders, skateboarders and other non-motorized  vehicles
    44  created by motor vehicles.
    45    (ii)  The  commissioner  shall establish a curriculum for the "bicycle
    46  and pedestrian safety" component which shall include but not be  limited
    47  to:   safely passing a cyclist on the road, special considerations while
    48  driving in urban areas, bicycle lanes as defined in section one  hundred
    49  two-a  of  this  chapter  and other roadway designs employed in New York
    50  state for the safety of pedestrians and cyclists,  how  to  navigate  an
    51  intersection  with  pedestrians  and cyclists, exiting a vehicle without
    52  endangering pedestrians and cyclists, the requirement that drivers exer-
    53  cise due care to avoid collision with a bicyclist or pedestrian  on  the
    54  road pursuant to section eleven hundred forty-six of this chapter.

        A. 5885                             3
     1    (iii)  In  developing  such curriculum, the commissioner shall consult
     2  with the commissioner of transportation, the commissioner of transporta-
     3  tion of the city of New York and bicycle and pedestrian advocates.
     4    (d) The commissioner shall make available for distribution upon regis-
     5  tration  at  each location where the pre-licensing course will be given,
     6  instructional handbooks outlining the content of the  entire  curriculum
     7  of  the  pre-licensing  course  including the information required to be
     8  included in the course pursuant to paragraphs (c), (c-1),  (c-2)  [and],
     9  (c-3) and (c-4) of this subdivision. The commissioner shall also provide
    10  for  the additional training of the instructors necessary for the compe-
    11  tent instruction of the alcohol and drug education, "Road  Rage"  aware-
    12  ness, "Work Zone Safety" awareness [and], "Motorcycle Safety" awareness,
    13  and "bicycle and pedestrian safety" subject matters of the pre-licensing
    14  course.
    15    §  2.  This  act shall take effect on the ninetieth day after it shall
    16  have become a law.
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