STATE OF NEW YORK ________________________________________________________________________ 5101 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. ANDERSON, HYNDMAN -- read once and referred to the Committee 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. LBD06262-01-5
A. 5101 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. 5101 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. 5101 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 63 to read as follows: 43 63. 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. 5101 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.