Relates to driver safety courses for persons who commit a traffic infraction or misdemeanor.
BILL NUMBER: S4166
TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring certain drivers attend a mandatory driver safety course
In addition to the penalties prescribed under §§ 1800 and 1801 of this article, the locality requires that a person who commits a traffic infraction or misdemeanor attend a mandatory driver safety course.
SUMMARY OF PROVISIONS :
This legislation provides localities with the ability to require persons who commit a traffic infraction or misdemeanor to attend a mandatory driver safety course after the accident is assessed for the level of carelessness or recklessness of the driver.
In an effort to preserve life and prevent injury, death and economic costs associated with motor vehicle accidents, in many instances caused by repeat traffic violators and crash repeaters, there needs to be a system of early intervention that will reduce the incidents caused by these drivers. It has been established through various studies that repeat traffic violators represent a substantial crash risk. In California, the Negligent Operator Treatment System (NOTS) has intervened with 400,000 more drivers annually, preventing 2,000 more crashes. Along with citing drivers with a poor driving record, there needs to be a program that addresses their ability to safely operate a motor vehicle and requiring a mandatory driver safety course which will act as a preventative device to this end.
PRIOR LEGISLATIVE HISTORY :
2005-06: A.9123 - Assembly Transportation Cmte. 2007-08: Passed Senate/Assembly Transportation Cmte.
FISCAL IMPLICATIONS :
This bill will be more cost-effective in terms of the ratio of benefits (crash cost savings) to costs (program expenditures).
EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date on which it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 4166 2009-2010 Regular Sessions IN SENATE April 15, 2009 ___________Introduced by Sens. FLANAGAN, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring certain drivers attend a mandatory driver safety course THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 604 of the vehicle and traffic law is amended to read as follows: S 604. Reports; contents; preparation; distribution; filing. 1. Reports of accidents required under
[the preceding]section SIX HUNDRED THREE OF THIS ARTICLE, or under the rules and regulations of the commis- sioner, shall be upon forms prepared by him OR HER and contain such information as he OR SHE shall prescribe. Blank forms for such reports shall be printed by the commissioner and a supply sent to all city, town and village clerks and to the chief officer of every city police depart- ment for general distribution and use as [herein]provided IN THIS ARTI- CLE. 2. FORMS PREPARED BY THE COMMISSIONER FOR USE IN ACCIDENT REPORTING SHALL CONTAIN A SECTION TO ASSESS THE LEVEL OF CARELESSNESS OR RECKLESS- NESS OF THE DRIVER OR DRIVERS. THE COMMISSIONER, PURSUANT TO REGULATION, SHALL DETERMINE WHAT LEVEL OF CARELESSNESS OR RECKLESSNESS SHALL REQUIRE ATTENDANCE AT A MANDATORY DRIVER SAFETY COURSE PURSUANT TO SECTION SIX HUNDRED FOUR-A OF THIS ARTICLE. 3. Reports of accidents, required under [the preceding]section SIX HUNDRED THREE OF THIS ARTICLE, shall be sent to and filed with the commissioner at the main office of the bureau of motor vehicles in the city of Albany, except as otherwise provided by the rules and regu- lations of the commissioner. S 2. The vehicle and traffic law is amended by adding a new section 604-a to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06722-01-9 S. 4166 2
S 604-A. MANDATORY DRIVER SAFETY COURSE. PURSUANT TO INFORMATION SUPPLIED ON AN ACCIDENT REPORT FORM FILED PURSUANT TO THE PROVISIONS OF SECTION SIX HUNDRED FOUR OF THIS ARTICLE, THE DEPARTMENT SHALL DETERMINE WHETHER A DRIVER INVOLVED IN AN AUTOMOBILE ACCIDENT SHALL BE REQUIRED TO ATTEND A DRIVER SAFETY COURSE APPROVED BY THE DEPARTMENT. THE COMMIS- SIONER SHALL PROMULGATE RULES AND REGULATIONS RELATING TO NOTIFYING THE DRIVER OF HIS OR HER REQUIREMENT TO ATTEND A DRIVER SAFETY COURSE, AND SANCTIONS TO BE IMPOSED UPON SUCH DRIVER IN THE EVENT THAT HE OR SHE FAILS TO ATTEND SUCH DRIVER SAFETY COURSE. SUCH SANCTIONS MAY INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, SUSPENSION OF HIS OR HER DRIVERS' LICENSE. S 3. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.