S T A T E O F N E W Y O R K ________________________________________________________________________ 1720 2015-2016 Regular Sessions I N S E N A T E January 14, 2015 ___________ 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: 1 Section 1. Section 502 of the vehicle and traffic law is amended by 2 adding a new subdivision 2-a to read as follows: 3 2-A. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE TERM "FIT" SHALL 4 MEAN DEEMED BY A LICENSED PHYSICIAN TO HAVE THE PHYSICAL AND MENTAL 5 CAPACITY TO OPERATE A MOTOR VEHICLE. 6 S 2. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 7 traffic law, as amended by section 3 of part K of chapter 59 of the 8 laws of 2009, is amended to read as follows: 9 (a) A license issued pursuant to subdivision five of this section 10 shall be valid until the expiration date contained thereon, unless such 11 license is suspended, revoked or cancelled. Such license may be renewed 12 by submission of an application for renewal, the fee prescribed by law, 13 proofs of prior licensing, fitness and acceptable vision prescribed by 14 the commissioner, the applicant's social security number, and if 15 required by the commissioner a photo image of the applicant in such 16 numbers and form as the commissioner shall prescribe. UPON THE SEVENTH 17 APPLICATION SUBMISSION, AND THEREAFTER FOR A RENEWAL OF A DRIVER'S 18 LICENSE, APPLICANTS MUST SUBMIT PROOF OF A PHYSICAL EXAMINATION, 19 CONDUCTED BY A LICENSED PHYSICIAN, TO PROVE THAT THE LICENSEE IS 20 MEDICALLY FIT TO OPERATE A MOTOR VEHICLE. In addition, an applicant for 21 renewal of a license containing a hazardous material endorsement shall 22 pass an examination to retain such endorsement. The commissioner shall, 23 with respect to the renewal of a hazardous materials endorsement, comply EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05667-01-5 S. 1720 2 1 with the requirements imposed upon states by sections 383.141 and 2 1572.13 of title 49 of the code of federal regulations. A renewal of 3 such license shall be issued by the commissioner upon approval of such 4 application, except that no such license shall be issued if its issuance 5 would be inconsistent with the provisions of section five hundred 6 sixteen of this title, and except that the commissioner may refuse to 7 renew such license if the applicant is the holder of a currently valid 8 or renewable license to drive issued by another state or foreign country 9 unless the applicant surrenders such license. 10 S 3. a. The "New York state task force on the effects of aging on 11 driving ability" is hereby established (hereinafter referred to as the 12 "task force"). The task force shall study the effects of aging on driv- 13 ing ability and develop a comprehensive approach to licensing drivers. 14 b. Such study shall include: 15 (i) Effective and efficient identification of drivers at risk of being 16 involved in a motor vehicle accident because of functional limitations 17 that affect their driving ability; 18 (ii) Prevalence and effect of degenerative processes affecting vision, 19 hearing, mobility, cognitive functions, and reaction time; 20 (iii) Implementation and effect of the department's vision screening 21 requirements and examination of new technologies; 22 (iv) Availability and effectiveness of remedial measures such as 23 skills training, adaptive equipment, physical therapy, and adjustment of 24 driving practices that will allow people to drive safely for as long as 25 possible; 26 (v) Availability of alternative forms of transportation for people who 27 can no longer safely drive; and 28 (vi) Effectiveness of existing public education initiatives relating 29 to at-risk drivers. 30 S 4. Such task force shall consist of the following members, which 31 shall each serve for a term of two years: 32 a. one member appointed by the governor; 33 b. one member appointed by the temporary president of the senate; 34 c. one member appointed by the minority leader of the senate; 35 d. one member appointed by the speaker of the assembly; 36 e. one member appointed by the minority leader of the assembly; and 37 f. two members appointed by the commissioner of the department of 38 motor vehicles. 39 S 5. Such members of the task force shall receive no compensation for 40 their services, but shall be reimbursed for all expenses actually and 41 necessarily incurred by them in the performance of their duties. Vacan- 42 cies in office shall be filled in the same manner as the original 43 appointment. 44 S 6. The task force shall report its findings from such study and make 45 recommendations with supporting legislation to the governor and the 46 legislature within one year of the effective date of this act. 47 S 7. This act shall take effect immediately.