N.Y. Insurance Law § 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

certain commercial risk insurance premiums for motor vehicles. (a) For

the purposes of this section, an association shall mean an association

where all the eligible members of the association have the same

profession, trade, or occupation, and the association has been organized

and maintained in good faith for purposes principally other than that of

obtaining insurance, and has been in active existence for at least two

years.

(b) An association representing motor vehicles engaged in the business

of carrying or transporting passengers for-hire, having a seating

capacity of not less than eight passengers, shall be authorized to

create and implement a comprehensive educational program designed to

advance for-hire motor vehicle safety, which provides for the training

of all operators in the safe operation of for-hire motor vehicles,

education about safety equipment that can enhance the safe operation of

vehicles, and training related to passenger safety. Such program shall

include, but not be limited to, instruction which addresses the

following subject areas:

(1) the concept of collision prevention, including a discussion of the

factors involved in traffic situations;

(2) alcohol and drug use as a contributing factor in motor vehicle

collisions;

(3) accident prevention techniques;

(4) the use of occupant restraints;

(5) the risk factors involved in driver attitude and behavior such as

speeding, reckless and aggressive driving, and improper lane use;

(6) traffic laws in New York state;

(7) physical and mental condition of drivers;

(8) conditions and strategies of driving;

(9) safe driving techniques in hazardous weather conditions including

rain, wind, snow, ice, sleet and fog;

(10) equipment that can enhance the safe operation of vehicles; and

(11) passenger safety including but not limited to recommending the

use of seat belts to passengers, warning passengers to exercise care

when boarding and exiting a vehicle and notifying passengers of

emergency exits if applicable.

(c) The association described in subsection (b) of this section shall

provide a certificate to members of such association who successfully

complete a course of instruction on for-hire vehicle safety as

authorized pursuant to this section.

(d) The superintendent shall provide for an actuarially appropriate

reduction for a period of three years in the rates of premiums for

commercial risk insurance applicable to motor vehicles engaged in the

business of carrying or transporting passengers for-hire, having a

seating capacity of not less than eight passengers, for each triennial

completion of a course of instruction on for-hire motor vehicle safety

as authorized pursuant to this section. The commissioner of motor

vehicles shall evaluate and approve any for-hire vehicle safety program

created pursuant to this section within sixty days of the effective date

of this section.

(e) An authorized insurer shall, upon submission of a certificate by

an insured evidencing that such insured has completed a course of

instruction on for-hire motor vehicle safety as authorized pursuant to

this section, provide an actuarially appropriate reduction, for a period

of three years, of the premium for such insured's commercial risk

insurance applicable to motor vehicles engaged in the business of

carrying or transporting passengers for-hire, having a seating capacity

of not less than eight passengers.

(f) Any insured who successfully completes a course of instruction on

for-hire motor vehicle safety pursuant to this section and receives a

premium reduction on the insured's commercial risk insurance policy

covering the for-hire vehicle shall not, during the period set forth in

subsection (e) of this section, also be eligible for an additional

premium reduction on the insured's commercial risk insurance policy

covering the for-hire vehicle for successful completion of the motor

vehicle accident prevention course, known as the national safety

council's defensive driving course, or any driver improvement course

approved by the department of motor vehicles as being equivalent to the

national safety council's defensive driving course, authorized under

section two thousand three hundred thirty-six of this article.

(g) The superintendent may promulgate any rules and regulations

necessary to implement the provisions of this section.