§ 2353 — For-hire motor vehicle safety program; reduction in rates of certain commercial risk insurance premiums for motor vehicles

§ 2353. For-hire motor vehicle safety program; reduction in rates of\ncertain commercial risk insurance premiums for motor vehicles. (a) For\nthe purposes of this section, an association shall mean an association\nwhere all the eligible members of the association have the same\nprofession, trade, or occupation, and the association has been organized\nand maintained in good faith for purposes principally other than that of\nobtaining insurance, and has been in active existence for at least two\nyears.\n (b) An association representing motor vehicles engaged in the business\nof carrying or transporting passengers for-hire, having a seating\ncapacity of not less than eight passengers, shall be authorized to\ncreate and implement a comprehensive educational program designed to\nadvance for-hire motor vehicle safety, which provides for the training\nof all operators in the safe operation of for-hire motor vehicles,\neducation about safety equipment that can enhance the safe operation of\nvehicles, and training related to passenger safety. Such program shall\ninclude, but not be limited to, instruction which addresses the\nfollowing subject areas:\n (1) the concept of collision prevention, including a discussion of the\nfactors involved in traffic situations;\n (2) alcohol and drug use as a contributing factor in motor vehicle\ncollisions;\n (3) accident prevention techniques;\n (4) the use of occupant restraints;\n (5) the risk factors involved in driver attitude and behavior such as\nspeeding, reckless and aggressive driving, and improper lane use;\n (6) traffic laws in New York state;\n (7) physical and mental condition of drivers;\n (8) conditions and strategies of driving;\n (9) safe driving techniques in hazardous weather conditions including\nrain, wind, snow, ice, sleet and fog;\n (10) equipment that can enhance the safe operation of vehicles; and\n (11) passenger safety including but not limited to recommending the\nuse of seat belts to passengers, warning passengers to exercise care\nwhen boarding and exiting a vehicle and notifying passengers of\nemergency exits if applicable.\n (c) The association described in subsection (b) of this section shall\nprovide a certificate to members of such association who successfully\ncomplete a course of instruction on for-hire vehicle safety as\nauthorized pursuant to this section.\n (d) The superintendent shall provide for an actuarially appropriate\nreduction for a period of three years in the rates of premiums for\ncommercial risk insurance applicable to motor vehicles engaged in the\nbusiness of carrying or transporting passengers for-hire, having a\nseating capacity of not less than eight passengers, for each triennial\ncompletion of a course of instruction on for-hire motor vehicle safety\nas authorized pursuant to this section. The commissioner of motor\nvehicles shall evaluate and approve any for-hire vehicle safety program\ncreated pursuant to this section within sixty days of the effective date\nof this section.\n (e) An authorized insurer shall, upon submission of a certificate by\nan insured evidencing that such insured has completed a course of\ninstruction on for-hire motor vehicle safety as authorized pursuant to\nthis section, provide an actuarially appropriate reduction, for a period\nof three years, of the premium for such insured's commercial risk\ninsurance applicable to motor vehicles engaged in the business of\ncarrying or transporting passengers for-hire, having a seating capacity\nof not less than eight passengers.\n (f) Any insured who successfully completes a course of instruction on\nfor-hire motor vehicle safety pursuant to this section and receives a\npremium reduction on the insured's commercial risk insurance policy\ncovering the for-hire vehicle shall not, during the period set forth in\nsubsection (e) of this section, also be eligible for an additional\npremium reduction on the insured's commercial risk insurance policy\ncovering the for-hire vehicle for successful completion of the motor\nvehicle accident prevention course, known as the national safety\ncouncil's defensive driving course, or any driver improvement course\napproved by the department of motor vehicles as being equivalent to the\nnational safety council's defensive driving course, authorized under\nsection two thousand three hundred thirty-six of this article.\n (g) The superintendent may promulgate any rules and regulations\nnecessary to implement the provisions of this section.\n