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A08565 Summary:

BILL NOA08565A
 
SAME ASSAME AS S05974-A
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd §502, V & T L
 
Relates to adding a school bus safety component to the pre-licensing driver's education course.
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A08565 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8565--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 10, 2017
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Transportation -- recommitted to the Committee on  Trans-
          portation  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the vehicle and traffic law, in  relation  to  adding  a
          school  bus  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, school bus
    15  safety and such other matters as the commissioner may prescribe, and  to
    16  satisfactorily  complete  a course prescribed by the commissioner of not
    17  less than four hours and not more than five hours, consisting of  class-
    18  room  driver  training  and highway safety instruction or the equivalent
    19  thereof. Such test  shall  include  at  least  seven  written  questions
    20  concerning the effects of consumption of alcohol or drugs on the ability
    21  of  a  person  to  operate  a  motor vehicle and the legal and financial
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11294-03-8

        A. 8565--A                          2
 
     1  consequences resulting from violations of section eleven  hundred  nine-
     2  ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
     3  while under the influence of alcohol or drugs. Such test  shall  include
     4  one  or  more  written  questions  concerning the devastating effects of
     5  "Road Rage" on the ability of a person to operate a  motor  vehicle  and
     6  the  legal and financial consequences resulting from assaulting, threat-
     7  ening or interfering with the lawful conduct of another  person  legally
     8  using  the  roadway.  Such  test  shall  include  one  or more questions
     9  concerning the potential dangers to persons and equipment resulting from
    10  the unsafe operation of a motor vehicle in a work zone.  Such  test  may
    11  include  one  or  more questions concerning motorcycle safety. Such test
    12  may include one or more questions concerning the law for exercising  due
    13  care  to  avoid  colliding  with  a  parked, stopped or standing vehicle
    14  pursuant to section eleven hundred forty-four-a of this chapter.    Such
    15  test  shall  include one or more questions concerning school bus safety.
    16  Such test shall be administered by the  commissioner.  The  commissioner
    17  shall  cause  the  applicant  to take a vision test and a test for color
    18  blindness. Upon passage of the  vision  test,  the  application  may  be
    19  accepted and the application fee shall be payable.
    20    (b)  Upon successful completion of the requirements set forth in para-
    21  graph (a) of this subdivision which shall include an  alcohol  and  drug
    22  education component as described in paragraph (c) of this subdivision, a
    23  "Road  Rage" awareness component as described in paragraph (c-1) of this
    24  subdivision and a "Work Zone Safety" awareness component as described in
    25  paragraph (c-2) of this subdivision, [and] a "Motorcycle Safety"  aware-
    26  ness  component as described in paragraph (c-3) of this subdivision, and
    27  a "school bus safety" component as described in paragraph (c-4) of  this
    28  subdivision  the  commissioner  shall cause the applicant to take a road
    29  test in a representative vehicle of a type prescribed by the commission-
    30  er which shall be appropriate to the type of license for which  applica-
    31  tion  is  made,  except  that  the  commissioner may waive the road test
    32  requirements for certain classes of applicants. The  commissioner  shall
    33  have  the  power  to  establish  a  program  to allow persons other than
    34  employees of the department to  conduct  road  tests  in  representative
    35  vehicles  when  such tests are required for applicants to obtain a class
    36  A, B or C license. If she chooses to do so,  she  shall  set  forth  her
    37  reasons in writing and conduct a public hearing on the matter. She shall
    38  only establish such a program after holding the public hearing.
    39    (c-4)  "School  bus  safety"  component.  (i)  The  commissioner shall
    40  provide in the pre-licensing course, set forth in paragraph (b) of  this
    41  subdivision, a mandatory component in "school bus safety" education as a
    42  prerequisite  for  obtaining  a  license to operate a motor vehicle. The
    43  purpose of the component is to  educate  prospective  licensees  on  the
    44  dangers  of  passing a school bus in violation of section eleven hundred
    45  seventy-four of this chapter, to reduce the number  of  such  incidents,
    46  and to promote school bus safety.
    47    (ii) The commissioner shall establish a curriculum for the "school bus
    48  safety"  component  which shall include, but shall not be limited to, an
    49  overview of traffic laws governing overtaking and passing school  buses,
    50  specifically section eleven hundred seventy-four of this chapter.
    51    (iii)  In  developing  such curriculum, the commissioner shall consult
    52  with the commissioner of transportation.
    53    (d) The commissioner shall make available for distribution upon regis-
    54  tration at each location where the pre-licensing course will  be  given,
    55  instructional  handbooks  outlining the content of the entire curriculum
    56  of the pre-licensing course including the  information  required  to  be

        A. 8565--A                          3
 
     1  included  in  the course pursuant to paragraphs (c), (c-1), (c-2) [and],
     2  (c-3) and (c-4) of this subdivision. The commissioner shall also provide
     3  for the additional training of the instructors necessary for the  compe-
     4  tent  instruction  of the alcohol and drug education, "Road Rage" aware-
     5  ness, "Work Zone Safety" awareness [and], "Motorcycle Safety"  awareness
     6  and "school bus safety" subject matters of the pre-licensing course.
     7    §  2.  This  act  shall  take  effect on the same date and in the same
     8  manner as chapter 355 of the laws of 2017, takes effect.
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