Bill S7518-2011

Relates to requiring attendance at motor vehicle accident prevention courses for certain individuals

Relates to requiring attendance at motor vehicle accident prevention courses for certain individuals.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1110
  • May 31, 2012: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 5, 2012
Ayes (17): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Valesky
Ayes W/R (1): Adams
Excused (1): Smith

Memo

BILL NUMBER:S7518

TITLE OF BILL: An act to amend the vehicle and traffic law and the insurance law, in relation to motor vehicle accident prevention courses for certain individuals

PURPOSE: This legislation would require an individual who's class DJ or class MJ learner's permit or license has been revoked or suspended to take a motor vehicle accident prevention course prior to reinstatement of their driving privileges.

SUMMARY OF PROVISIONS: Section 1. Amends the vehicle and traffic law to add a new section 510-d that would require an individual who's class DJ or class MJ learner's permit or license has been revoked or suspended to take a motor vehicle accident prevention course prior to reinstatement of their driving privileges.

Section 2 and 3. Amends section 2336 of the insurance law to exclude participants in this course, for the purpose of license reinstatement, shall not result in a point reduction or insurance premium reduction.

Section 4. Effective date

JUSTIFICATION: In 2008, 2,739 15 to 20 year-old drivers were killed and an additional 228,000 were injured in motor vehicle crashes according to NHTSA. Fatal injuries from car wrecks are the leading cause of death for teens between the ages of 13 and 19. The risk of crashing is especially high for teens during the first few years of licensure. Inexperience and immaturity make for risky driving behavior and increase the likelihood of a crash. In the last 10 years, all states have changed their teen licensing procedures. Many states have worked to reduce teen motor vehicle fatalities and injuries through graduated driver's licensing (GOL). This system limits the exposure to high-risk situations by gradually phasing in driving privileges for teens. GOL allows teens to gain valuable driving experience in low-risk driving situations.

This legislation will build on the successes of graduated driver's licensing laws by requiring an additional education component for young and in-experienced drivers whose class DJ or class MJ learner's permit or license has been revoked or suspended for engaging in highrisk behavior to take a motor vehicle accident prevention course prior to reinstatement of their driving privileges.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have become law; provided, however, that the amendments to subsection (a) of section 2336 of the insurance law made by section two of this act shall not affect the expiration and reversion of such subsections and shall expire and be deemed repealed therewith, when upon such date the provisions of section three of this act shall take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 7518 IN SENATE May 31, 2012 ___________
Introduced by Sen. FUSCHILLO -- 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 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-
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.

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