S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10746

                          I N  A S S E M B L Y

                              June 18, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
  read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
  relation  to  motor  vehicle  accident  prevention courses for certain
  individuals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 510-d to read as follows:
  S 510-D. MOTOR  VEHICLE  ACCIDENT  PREVENTION  COURSE  FOR  VIOLATIONS
COMMITTED  BY  HOLDERS  OF  CLASS  DJ  OR  CLASS MJ LEARNER'S PERMITS OR
LICENSES. ANY PERSON WHOSE CLASS DJ OR  CLASS  MJ  LEARNER'S  PERMIT  OR
LICENSE  IS  REVOKED OR SUSPENDED PURSUANT TO SECTION FIVE HUNDRED TEN-C
OF THIS ARTICLE SHALL  COMPLETE  A  MOTOR  VEHICLE  ACCIDENT  PREVENTION
COURSE  AS  APPROVED  PURSUANT  TO  ARTICLE TWELVE-B OR TWELVE-C OF THIS
CHAPTER PRIOR  TO  REINSTATEMENT  OF  HIS  OR  HER  DRIVING  PRIVILEGES;
PROVIDED,  HOWEVER,  THAT  COMPLETION  OF  SUCH  COURSE PURSUANT TO THIS
SECTION SHALL NOT ENTITLE SUCH INDIVIDUAL TO A POINT REDUCTION OR INSUR-
ANCE PREMIUM REDUCTION PURSUANT TO SECTION TWENTY-THREE HUNDRED  THIRTY-
SIX OF THE INSURANCE LAW.
  S  2.  Subsection (a) of section 2336 of the insurance law, as amended
by chapter 751 of the laws of 2005, is amended to read as follows:
  (a) Any schedule of rates or rating plan for motor  vehicle  liability
and  collision  insurance  submitted to the superintendent shall provide
for an 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 council's defensive
driving course, or any driver improvement course approved by the depart-
ment of motor vehicles as being equivalent to the national safety  coun-
cil'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  which does not provide for actual classroom instruction for a
minimum number of hours as determined by the department of  motor  vehi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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A. 10746                            2

cles.  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 as defined by the commissioner of motor vehicles.
The provisions of this section shall not apply to A MOTOR VEHICLE  ACCI-
DENT  PREVENTION COURSE COMPLETED PURSUANT TO SECTION FIVE HUNDRED TEN-D
OF THE VEHICLE AND TRAFFIC LAW OR attendance at a  program  pursuant  to
article  twenty-one  of  the  vehicle and traffic law as a result of any
traffic infraction.
  S 3. Subsection (a) of section 2336 of the insurance law,  as  amended
by chapter 585 of the laws of 2002, is amended to read as follows:
  (a)  Any  schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the  superintendent  shall  provide
for  an  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  council's  defensive
driving course, or any driver improvement course approved by the depart-
ment  of motor vehicles as being equivalent to the national safety coun-
cil's defensive driving course, provided  that  in  either  event  there
shall be no reduction in premiums for a self instruction defensive driv-
ing  course  or  a  course  which  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 as defined by the commissioner
of motor vehicles. The provisions of this section shall not apply  to  A
MOTOR  VEHICLE  ACCIDENT PREVENTION COURSE COMPLETED PURSUANT TO SECTION
FIVE HUNDRED TEN-D OF THE VEHICLE AND TRAFFIC LAW  OR  attendance  at  a
program pursuant to article twenty-one of the vehicle and traffic law as
a result of any traffic infraction.
  S  4.  This  act shall take effect on the ninetieth 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 two 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 three of this act shall
take effect.