NY State Senate Bill 2011-S6863

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2012	referred to transportation

2011-S6863 (ACTIVE) - Details

See Assembly Version of this Bill:: A9829
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2829, A2466
2015-2016: S1720, A6591
2017-2018: S3638, A6853
2019-2020: S4747, A6807
2021-2022: S5004
2023-2024: S5219

2011-S6863 (ACTIVE) - Summary

Enhances 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".

2011-S6863 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6863

TITLE OF BILL:
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

PURPOSE:
To ensure the safety for drivers, pedestrians, and others who may use
New York state roadways

SUMMARY OF PROVISIONS:
Section 1: Definitions.

Section 2: 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.

Section 3: Creates a task force to study the effects of aging on
driving ability and availability of alternative forms of
transportation.

Section 4: Task force members

Section 5: Compensation and Vacancies

Section 6: The Task force shall report its findings to the governor
and the legislature

Section 7: This act shall take effect immediately

EXISTING LAW:
Currently in New York State the only testing performed during the
license renewal process is a vision examination.

JUSTIFICATION:
Currently unsafe drivers may be reported to the New York State
Department of Motor Vehicles if they suffer from medical conditions.
However, this can be problematic because the NYSDMV has to rely
entirely on others to report medical conditions and unsafe drivers.
It is imperative that drivers who present a higher risk on the road
because of a decline of essential driving skills such as vision,
hearing, reaction time, and motor abilities have their licenses
either suspended or revoked. AAA released a report revealing
statistics regarding the percentage of drivers Over a specific age
that have reported some impairment to an essential driving function.

An estimated 20% of American drivers over the age of 65 have cataract
in one eye with that number expected to rise to 3 million in 2020. An
estimated 199,000 American drivers over the age of 65 have glaucoma.
The report also highlights the fact that one study suggests that 87%
of stroke victims do not receive any type of formal driving
evaluation and simply just resume driving.
Another statistic pertaining to motor skills that is important to know
is that according to the senior drivers organization 80% of drivers
over the age of 70 suffer from arthritis, crippling inflammation of
the joints, which makes turning, flexing and twisting painful.
Drivers that fall under this statistic would essentially have a
severely reduced ability to react quickly in any given situation.

Lastly, vision is also a vital part of driving and the time necessary
for eyes to adjust to light is crucial. Senior drivers organization
reports that compared to a 16 year old, a driver who is 55 years old
or older takes eight times longer to recover from a glare. These
statistics reflect the percentage of Americans that have impairment
to an essential driving function and further reinforces the notion
that a great degree of caution needs to be taken when determining who
is physically able to drive. This proposed bill would expand New
York's current regulations and mandate physical examinations starting
at the seventh application submission for the renewal of a driver's
license.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6863 (ACTIVE) - Bill Text download pdf

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

                                  6863

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced  by  Sen.  PARKER -- 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  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
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

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

                                                           LBD15151-03-2

S. 6863                             2

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.

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Senate Bill S6863

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2011-S6863 (ACTIVE) - Details

2011-S6863 (ACTIVE) - Summary

2011-S6863 (ACTIVE) - Sponsor Memo

2011-S6863 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6863

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Transportation Committee

2011-S6863 (ACTIVE) - Details

2011-S6863 (ACTIVE) - Summary

2011-S6863 (ACTIVE) - Sponsor Memo

2011-S6863 (ACTIVE) - Bill Text download pdf

Comments