S T A T E   O F   N E W   Y O R K
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                                  2466

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to enhancing
  the fitness and safety requirements for certain  licensed  individuals
  and  establishes the New York state task force on the effects of aging
  on driving ability

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

  Section  1.  Section  502 of the vehicle and traffic law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE TERM  "FIT"  SHALL
MEAN  DEEMED  BY  A  LICENSED  PHYSICIAN TO HAVE THE PHYSICAL AND MENTAL
CAPACITY TO OPERATE A MOTOR VEHICLE.
  S 2.  Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by section 3 of part K   of chapter  59  of  the
laws of 2009, is amended to read as follows:
  (a)  A  license  issued  pursuant  to subdivision five of this section
shall be valid until the expiration date contained thereon, unless  such
license  is suspended, revoked or cancelled. Such license may be renewed
by submission of an application for renewal, the fee prescribed by  law,
proofs  of  prior licensing, fitness and acceptable vision prescribed by
the  commissioner,  the  applicant's  social  security  number,  and  if
required  by  the  commissioner  a  photo image of the applicant in such
numbers and form as the commissioner shall prescribe.  UPON THE  SEVENTH
APPLICATION  SUBMISSION,  AND  THEREAFTER  FOR  A  RENEWAL OF A DRIVER'S
LICENSE,  APPLICANTS  MUST  SUBMIT  PROOF  OF  A  PHYSICAL  EXAMINATION,
CONDUCTED  BY  A  LICENSED  PHYSICIAN,  TO  PROVE  THAT  THE LICENSEE IS
MEDICALLY FIT TO OPERATE A MOTOR VEHICLE. In addition, an applicant  for
renewal  of  a license containing a hazardous material endorsement shall
pass an examination to retain such endorsement. The commissioner  shall,
with respect to the renewal of a hazardous materials endorsement, comply

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00962-01-3
              

A. 2466                             2

with  the  requirements  imposed  upon  states  by  sections 383.141 and
1572.13 of title 49 of the code of federal  regulations.  A  renewal  of
such  license  shall be issued by the commissioner upon approval of such
application, except that no such license shall be issued if its issuance
would  be  inconsistent  with  the  provisions  of  section five hundred
sixteen of this title, and except that the commissioner  may  refuse  to
renew  such  license if the applicant is the holder of a currently valid
or renewable license to drive issued by another state or foreign country
unless the applicant surrenders such license.
  S 3. a. The "New York state task force on  the  effects  of  aging  on
driving  ability"  is hereby established (hereinafter referred to as the
"task force"). The task force shall study the effects of aging on  driv-
ing ability and develop a comprehensive approach to licensing drivers.
  b. Such study shall include:
  (i) Effective and efficient identification of drivers at risk of being
involved  in  a motor vehicle accident because of functional limitations
that affect their driving ability;
  (ii) Prevalence and effect of degenerative processes affecting vision,
hearing, mobility, cognitive functions, and reaction time;
  (iii) Implementation and effect of the department's  vision  screening
requirements and examination of new technologies;
  (iv)  Availability  and  effectiveness  of  remedial  measures such as
skills training, adaptive equipment, physical therapy, and adjustment of
driving practices that will allow people to drive safely for as long  as
possible;
  (v) Availability of alternative forms of transportation for people who
can no longer safely drive; and
  (vi)  Effectiveness  of existing public education initiatives relating
to at-risk drivers.
  S 4. Such task force shall consist of  the  following  members,  which
shall each serve for a term of two years:
  a. one member appointed by the governor;
  b. one member appointed by the temporary president of the senate;
  c. one member appointed by the minority leader of the senate;
  d. one member appointed by the speaker of the assembly;
  e. one member appointed by the minority leader of the assembly; and
  f.  two  members  appointed  by  the commissioner of the department of
motor vehicles.
  S 5. Such members of the task force shall receive no compensation  for
their  services,  but  shall be reimbursed for all expenses actually and
necessarily incurred by them in the performance of their duties.  Vacan-
cies in office shall be filled  in  the  same  manner  as  the  original
appointment.
  S 6. The task force shall report its findings from such study and make
recommendations  with  supporting  legislation  to  the governor and the
legislature within one year of the effective date of this act.
  S 7. This act shall take effect immediately.