Add 399-c, amd 399-c, 399-a, 399-b, 399-d & 399-g, rpld 399-c & 399-e, V & T L; amd 806-a & 305, Ed L; amd
2336, Ins L
Establishes Davina's driver accountability law which requires the commissioner of motor vehicles to establish a uniform curriculum for accident prevention courses for use by all sponsoring agencies, delivery agencies and instructors in this state; provides for the repeal of certain provisions upon the expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4982
SPONSOR: Anderson TITLE OF BILL:
An act to amend the vehicle and traffic law, the education law and the
insurance law, in relation to requiring a uniform curriculum for acci-
dent prevention courses; to repeal certain provisions of the vehicle and
traffic law relating thereto; and providing for the repeal of certain
provisions of the vehicle and traffic law upon expiration thereof
PURPOSE:
To require a uniform curriculum for accident prevention courses
SUMMARY OF PROVISIONS:
Section 1. Designates the short title; "Davina Drivers Accountability
Law"
Section 2. Amends the vehicle and traffic law by adding section 290,
which contains the following provisions summarized:
§ 399-c. Describes commissioner approval process and provisions of
establishing a uniform accident prevention course statewide.
Section 3. Repeals § 399-c and replaces it with a new § 399-c that
includes cooperation with the commissioner of education to fortify the
delivery and execution of the uniform accident prevention course.
Section 4. Statement of purpose.
Section 5. Amends the vehicle and traffic law section 399-b by amending
subdivisions 1,2,3, and 4.
Section 6. Describes approval and revoking process for sponsoring agen-
cies that provide uniform curriculum.
Section 7. Repeals section § 399-e of vehicle and traffic law.
Section 8. Amends section § 399-g of vehicle and traffic law.
Section 9. Amends 806-a of the education law by adding subdivision 3 to
provide provisions for re-evaluations for such curriculum.
Section 10. Amends section 305 of the education law by adding subdivi-
sion 60 to ensure that such curriculum and course materials.
Section 11. Amends section 3 of chapter 5, paragraph 1 of subsection (a)
of section 2336 of insurance law to provide for an actuarially appropri-
ate reduction in premium charges for completion of such curriculum.
Section 12. Amends section 4 of chapter 4 paragraph (a) of section 2336.
Section 13. Provides that the act will take effect immediately; provided
that amends to the sections detailed expire.
JUSTIFICATION:
In February 2022, Davina Afokoba a 10-year-old girl was tragically
struck and killed by a motorist in Far Rockaway. The 35-year-old driver
of the SUV allegedly had no license, Davina Afokoba was walking home
from school with her two siblings last Wednesday on Beach Channel Drive
near Dix Avenue when a black Mazda CX9 SUV jumped the curb with only a
learner's permit.
Statewide, motorist-involved accidents take the lives of New Yorkers in
the thousands every year. In New York City alone, there have been over
fifty two thousand car accidents in 2022 based on preliminary data.
There is a need across the State to update and re-evaluate accident
prevention courses required by New York State.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4982
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, the education law and the
insurance law, in relation to requiring a uniform curriculum for acci-
dent prevention courses; to repeal certain provisions of the vehicle
and traffic law relating thereto; and providing for the repeal of
certain provisions of the vehicle and traffic law upon expiration
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Davina's driver accountability law".
3 § 2. Section 399-c of the vehicle and traffic law, as added by chapter
4 290 of the laws of 1998, is amended to read as follows:
5 § 399-c. Approval by the commissioner. 1. The commissioner must
6 approve an accident prevention course before any person attending and
7 successfully completing such course may qualify to receive mandatory
8 insurance reduction benefits in accordance with subsection (a) of
9 section two thousand three hundred thirty-six of the insurance law. The
10 commissioner shall base the decision to approve a course upon the
11 requirements set forth in this article and any additional requirements
12 as the commissioner deems necessary.
13 2. (a) (i) Notwithstanding any contrary provision of subdivision one
14 of this section, the commissioner shall, no later than one year after
15 the effective date of this subdivision, establish a uniform and compre-
16 hensive accident prevention course curriculum for use by all sponsoring
17 agencies, delivery agencies and instructors in the state.
18 (ii) Such uniform curriculum shall include the latest safety tech-
19 niques and instructional materials, and, in addition to any and all
20 instruction required for completion of the national safety council's
21 defensive driving course, shall include intensive and rigorous instruc-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08703-02-3
A. 4982 2
1 tion in all relevant provisions of title seven of this chapter and such
2 other subject matter as the commissioner shall deem necessary to ensure
3 that such course is effective in increasing driver safety and preventing
4 and/or reducing motor vehicle accidents.
5 (iii) Such uniform curriculum shall require at least three hundred
6 twenty minutes of instruction with a certified instructor present;
7 provided, however, that such requirement shall not be applicable to a
8 program approved pursuant to rule or regulation authorizing the delivery
9 of courses by internet or other remote technology. Nothing in this
10 subdivision shall prevent the use of audio/visual aids as part of the
11 course presentation.
12 (b) Beginning ninety days after the initial adoption of the course
13 curriculum pursuant to this subdivision and thereafter, no person shall
14 qualify to receive mandatory insurance reduction benefits in accordance
15 with subsection (a) of section two thousand three hundred thirty-six of
16 the insurance law unless such person shall have attended and successful-
17 ly completed the accident prevention course approved pursuant to the
18 provisions of this subdivision; provided, however, that the commissioner
19 may, in cooperation with the commissioner of education, promulgate rules
20 or regulations authorizing the administration and completion of the
21 course remotely using the internet or other available technology.
22 § 3. Section 399-c of the vehicle and traffic law is REPEALED and a
23 new section 399-c is added to read as follows:
24 § 399-c. Uniform course curriculum; establishment. 1. The commissioner
25 shall establish a uniform accident prevention course curriculum for use
26 by all sponsoring agencies, delivery agencies and instructors in the
27 state as provided herein.
28 (a) Such uniform curriculum shall include the latest safety techniques
29 and instructional materials, and, in addition to any and all instruction
30 required for completion of the national safety council's defensive driv-
31 ing course, shall include intensive and rigorous instruction in all
32 relevant provisions of title seven of this chapter and such other
33 subject matter as the commissioner shall deem necessary to ensure that
34 such course is effective in increasing driver safety and the prevention
35 and reduction of motor vehicle accidents.
36 (b) Such uniform curriculum shall require at least three hundred twen-
37 ty minutes of instruction with a certified instructor present; provided,
38 however, that such requirement shall not be applicable to a program
39 approved pursuant to rule or regulation promulgated pursuant to para-
40 graph (d) of this subdivision authorizing the delivery of courses by
41 internet or other remote technology. Nothing in this section shall
42 prevent the use of audio/visual aids as part of the course presentation
43 prescribed by the commissioner.
44 (c) In addition to the requirements of paragraphs (a) and (b) of this
45 subdivision, the commissioner, in cooperation with the commissioner of
46 education, shall:
47 (i) Establish the minimum qualifications of all managers and instruc-
48 tors participating in the delivery of the course.
49 (ii) Develop a uniform instructor's manual and student workbooks
50 and/or manuals for use by course participants.
51 (iii) Develop a uniform completion certificate which is designed to
52 prevent and is capable of preventing fraud and forgery for the purpose
53 of verifying course completion for submission to insurance companies.
54 (d) The commissioner may promulgate rules and regulations authorizing
55 the administration and completion of the course using the internet or
56 other remote technology in cooperation with the commissioner of educa-
A. 4982 3
1 tion in accordance with subdivision three of section eight hundred six-a
2 of the education law, provided that any such technology is capable of
3 validating: student identity at registration and throughout the course;
4 participation throughout the course; that the time requirements are met;
5 and successful completion of the course.
6 2. (a) The commissioner shall consult with the commissioner of educa-
7 tion to ensure that the curriculum and course materials are up-to-date
8 and provide effective instruction to course participants and shall regu-
9 larly review and revise such curriculum as the commissioner deems neces-
10 sary.
11 (b) Beginning two years after adoption of the initial curriculum and
12 biennially thereafter, the commissioner, in cooperation with the commis-
13 sioner of education, shall re-evaluate such curriculum and make such
14 revisions as the commissioner deems necessary to accomplish the purposes
15 of this article. The commissioner shall approve such curriculum no later
16 than ninety days following the biennial re-evaluation required pursuant
17 to this paragraph and shall notify all approved sponsoring agencies in
18 accordance with such rules and regulations as the commissioner shall
19 have promulgated for such purpose.
20 3. No person shall qualify to receive mandatory insurance reduction
21 benefits pursuant to subsection (a) of section two thousand three
22 hundred thirty-six of the insurance law unless such person shall have
23 attended and successfully completed the uniform accident prevention
24 course curriculum established pursuant to this section.
25 § 4. Section 399-a of the vehicle and traffic law, as added by chapter
26 290 of the laws of 1998, is amended to read as follows:
27 § 399-a. Statement of purpose. The purposes of this article are to
28 further highway safety by preserving the quality and efficacy of the
29 accident prevention course programs. These purposes will be accomplished
30 by establishing strict criteria for initial and continual course [spon-
31 sorship] approval.
32 § 5. Subdivisions 1, 2, 3 and 4 of section 399-b of the vehicle and
33 traffic law, as added by chapter 290 of the laws of 1998, are amended to
34 read as follows:
35 1. "Sponsoring agency" shall mean an organization which [owns a] spon-
36 sors the motor vehicle accident prevention course approved by the
37 commissioner in accordance with section three hundred ninety-nine-c of
38 this article.
39 2. "Delivery agency" shall mean an organization which conducts [a
40 sponsoring agency's] the approved motor vehicle accident prevention
41 course on behalf of a sponsoring agency.
42 3. "Instructor" shall mean an individual employed by a delivery agency
43 to teach [an] the approved accident prevention course.
44 4. "Accident prevention course" or "course" shall mean the accident
45 prevention course curriculum or specialized course curriculum which has
46 been approved by the commissioner in accordance with section three
47 hundred-ninety-nine-c of this article.
48 § 6. Section 399-d of the vehicle and traffic law, as added by chapter
49 290 of the laws of 1998, is amended to read as follows:
50 § 399-d. Application for approval; sponsoring agency. 1. An agency or
51 organization seeking approval as a motor vehicle accident prevention
52 course sponsoring agency shall apply to the commissioner for approval.
53 Such applications shall be made in writing and on forms prescribed by
54 the commissioner. The application shall include at a minimum: [the title
55 or name of the course,] the name of the organization submitting the
56 application, [proof of course ownership, and] the names and addresses of
A. 4982 4
1 all owners, officers, and directors of the agency or organization, and
2 such other information or material as the commissioner may prescribe. An
3 application shall not be considered to be complete until all information
4 and material required by this chapter and by regulation of the commis-
5 sioner has been submitted.
6 2. The commissioner shall either approve or deny an application for
7 [course] approval as a sponsoring agency no later than ninety days
8 following submission of a completed application. In the event the
9 commissioner takes no action on an application after ninety days follow-
10 ing submission of a completed application, the application shall be
11 deemed denied.
12 3. The commissioner is authorized to suspend or revoke approval of a
13 sponsoring agency should the commissioner find that the sponsoring agen-
14 cy, its delivery agency or its instructors have been found to be in
15 violation of any applicable laws or regulations.
16 § 7. Section 399-e of the vehicle and traffic law is REPEALED.
17 § 8. Section 399-g of the vehicle and traffic law, as added by chapter
18 290 of the laws of 1998, is amended to read as follows:
19 § 399-g. Regulations. The commissioner shall promulgate such rules and
20 regulations as are necessary to effectuate the provisions of this arti-
21 cle. In addition to any requirements expressly authorized by this arti-
22 cle, such regulations may include but not be limited to requirements and
23 standards with respect to: delivery agencies and instructors; classroom
24 facilities; suspension or revocation of approval; appeal of suspension
25 or revocation; establishment of a uniform course curriculum pursuant to
26 section three hundred ninety-nine-c of this article; course adminis-
27 tration and advertising; monitoring of courses and instructors; and
28 reevaluation of course effectiveness pursuant to section three hundred
29 ninety-nine-c and section three hundred ninety-nine-f of this article.
30 § 9. Section 806-a of the education law is amended by adding a new
31 subdivision 3 to read as follows:
32 3. The commissioner shall assist the commissioner of motor vehicles
33 with the development of the uniform accident prevention course curric-
34 ulum required pursuant to section three hundred ninety-nine-c of the
35 vehicle and traffic law, and each biennial re-evaluation thereof, to
36 ensure that such curriculum and course materials are up-to-date and
37 provide effective instruction for course participants. Such assistance
38 shall include, but not be limited to, maintaining consistency with driv-
39 er education courses established pursuant to this section and evaluation
40 of instruction methods, including remote instruction.
41 § 10. Section 305 of the education law is amended by adding a new
42 subdivision 60 to read as follows:
43 60. The commissioner shall cooperate with the commissioner of motor
44 vehicles with the development and adoption of the uniform accident
45 prevention course curriculum required pursuant to section three hundred
46 ninety-nine-c of the vehicle and traffic law, and the biennial re-evalu-
47 ation thereof, to ensure that such curriculum and course materials are
48 up-to-date and provide effective instruction for course participants as
49 provided in subdivision three of section eight hundred six-a of this
50 chapter.
51 § 11. Paragraph 1 of subsection (a) of section 2336 of the insurance
52 law, as amended by section 3 of chapter 4 of the laws of 2021, is
53 amended to read as follows:
54 (1) Any schedule of rates or rating plan for motor vehicle liability
55 and collision insurance submitted to the superintendent shall provide
56 for an actuarially appropriate reduction in premium charges for any
A. 4982 5
1 insured for a three year period after successfully completing a motor
2 vehicle accident prevention course[, known as the national safety coun-
3 cil's defensive driving course, or any driver improvement course]
4 approved [by the department of motor vehicles as being equivalent to the
5 national safety council's defensive driving course] pursuant to the
6 provisions article twelve-B of the vehicle and traffic law, provided
7 that, except as provided in article twelve-C of the vehicle and traffic
8 law, there shall be no reduction in premiums for a self-instruction
9 defensive driving course or a course that does not provide for actual
10 classroom instruction for a minimum number of hours as determined by the
11 department of motor vehicles. Such reduction in premium charges shall be
12 subsequently modified to the extent appropriate, based upon analysis of
13 loss experience statistics and other relevant factors. All such accident
14 prevention courses shall be monitored by the department of motor vehi-
15 cles and shall include components of instruction in "Road Rage" aware-
16 ness and in "Work Zone Safety" awareness as defined by the commissioner
17 of motor vehicles. The provisions of this section shall not apply to
18 attendance at a program pursuant to article twenty-one of the vehicle
19 and traffic law as a result of any traffic infraction.
20 § 12. Paragraph 1 of subsection (a) of section 2336 of the insurance
21 law, as amended by section 4 of chapter 4 of the laws of 2021, is
22 amended to read as follows:
23 (1) Any schedule of rates or rating plan for motor vehicle liability
24 and collision insurance submitted to the superintendent shall provide
25 for an actuarially appropriate reduction in premium charges for any
26 insured for a three year period after successfully completing a motor
27 vehicle accident prevention course[, known as the national safety coun-
28 cil's defensive driving course, or any driver improvement course]
29 approved [by the department of motor vehicles as being equivalent to the
30 national safety council's defensive driving course] pursuant to the
31 provisions of article twelve-B of the vehicle and traffic law, provided
32 that in either event there shall be no reduction in premiums for a self-
33 instruction defensive driving course or a course that does not provide
34 for actual classroom instruction for a minimum number of hours as deter-
35 mined by the department of motor vehicles. Such reduction in premium
36 charges shall be subsequently modified to the extent appropriate, based
37 upon analysis of loss experience statistics and other relevant factors.
38 All such accident prevention courses shall be monitored by the depart-
39 ment of motor vehicles and shall include components of instruction in
40 "Road Rage" awareness and in "Work Zone Safety" awareness as defined by
41 the commissioner of motor vehicles. The provisions of this section shall
42 not apply to attendance at a program pursuant to article twenty-one of
43 the vehicle and traffic law as a result of any traffic infraction.
44 § 13. This act shall take effect immediately; provided, however that
45 the amendments to section 399-c of the vehicle and traffic law made by
46 section two of this act shall expire and be deemed repealed one year
47 after it shall have become a law, when upon such date the provisions of
48 sections three, four, five, six, seven and eleven of this act shall take
49 effect; and provided further that the amendments to paragraph 1 of
50 subsection (a) of section 2336 of the insurance law made by section
51 eleven of this act shall be subject to the expiration and reversion of
52 such subsection when upon such date the provisions of section twelve of
53 this act shall take effect.
