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New Rules of the Road
Changes in traffic laws will affect you in 2003.

by Joseph D. Younger
Original Publish Date - January 2003

What new restrictions should be placed on teenage drivers? What new insurance decisions should customers face at rental-car counters in New York State? When should motorists yield to pedestrians in a crosswalk?

Lawmakers were busy addressing those questions-and a lot more-in their 2002 session. The result is a host of new traffic laws and amendments, covering driver training, flashing blue lights, license plates and other issues affecting your everyday life behind the wheel. We've summarized the most significant ones below.

Graduated licensing for teens. "This is probably the most important traffic safety law enacted in New York State in 15 years," John Corlett, the Club's assistant director of government affairs, says of the new graduated licensing law. "Auto crashes are the leading cause of death among teenagers. Most of those crashes are due to inexperience, immaturity and poor risk evaluation skills. The only way to address those problems is to let teenagers get more practice and experience behind the wheel. The new law does just that."

Although many people believe that New York already had "graduated licensing," the old system amounted to little more than an intermediate license and a driving curfew for teens. It didn't restrict the number of teenage occupants (a proven risk factor for crashes), mandate a "holding period" for new drivers or include tough penalties for serious violations. "The new law fills in the gaps," says Corlett. "It's something we've been working on ever since AAA launched its License to Learn campaign in 1997."

Under the new law, 16- and 17-year-olds must hold a learner's permit for six months, during which time they must log 20 hours of supervised behind-the-wheel experience. They then may take a road test for a junior license, which permits no more than two non-family passengers under age 21 without in-car adult supervision. All occupants must wear safety belts. Any serious violation penalized by three points or more (speeding more than 10 mph over the legal limit or running a stop sign, for example) results in suspension of learner's permits and junior licenses.

In upstate counties (north of Putnam and Rockland counties), where mass transit is not widely available, "limited-class" licenses will authorize young drivers to drive before completing the six-month learner's permit stage, but only to and from school, work, day care or medical appointments, or while accompanied by a parent or guardian.

The new graduated licensing provisions take effect Sept. 1, 2003. For a full explanation, visit the AAA New York State site.

Tough DWI penalties. In January 2002, Sean Patrick French, a Columbia County student, died after being struck by a drunk teen driver who was awaiting arraignment on a previous drunk-driving charge. That tragedy inspired "Sean's Law," which authorizes a judge to suspend the license of any 16- or 17-year-old charged with DWI. It also requires notification of the teen's parents. Sean's Law was to take effect Dec. 23, 2002.

The legislature also extended the provisions of the current law requiring courts to suspend the license of adults arrested with blood alcohol concentrations of 0.10 or higher and arraigned on DWI charges.

CDW for rental cars. Insurance rates for New York drivers-already among the highest in the U.S.-may rise even further under new legislation governing car rentals passed by Albany lawmakers.

Since 1988, drivers renting cars in New York State haven't had to worry about buying collision damage waiver (CDW) coverage-essentially, temporary insurance sold by rental-car companies to cover damage to their vehicles in a collision. The state had banned CDW sales and limited the customer's liability for rental-car damage to $100.

The new law changes all that. By restoring CDW sales and eliminating the liability limitations for customers, "it essentially shifts the cost from the rental-car companies to the insurance carriers," explains Corlett. "AAA doesn't view this law as being in the consumer's best interest." Now, drivers will face not only potentially higher insurance premiums, but also CDW sales pitches at the rental counter. CDW can add $9 to $12 per day to the cost of a rental car-"an exorbitant cost in terms of its benefits," says Corlett. "Renters should determine whether their own credit card or vehicle insurance affords them coverage to the rental vehicle and the amount of the deduction under such coverage."

Blue light restrictions. To resolve motorist confusion over the proliferation of flashing blue lights, a new law limits blue-light use only to volunteer firefighters' vehicles.

Pedestrian protection. A driver must now yield the right-of-way to pedestrians in a crosswalk, even if they step off the curb on the opposite side of the road. The new law does not apply to crosswalks on divided roadways, where pedestrians may pause on the median. Previously, the law required drivers to yield only to pedestrians in the crosswalk on the motorist's side of the road.

Safety belt clarification. If you have a late-'80s or early-'90s car with motorized shoulder belts, a new law insists that you buckle the lap belt, too. It clarifies the state's mandatory safety belt law to specify that occupants use both lap and shoulder belts, where available.

Fines for bus violations. As of Oct. 29, 2002, running a school bus' flashing red lights will now cost drivers a maximum of $1,000 for a third violation-up from the old law's $850 fine.

"Conserve Habitat" plates. Motorists can now show their support for wildlife preservation with a distinctive "Conserve Habitat" license plate. The $25 annual fee goes to the State Conservation Fund.

Traffic control on private drives. Co-op complexes and other residential developments plagued by drivers speeding, running stop signs and ignoring "No Parking" signs will find some relief in a new law now in effect. It allows local governments to regulate and enforce traffic and parking on private streets, roads and driveways at the request of the complex's owners.

Equality for motorcycles. In response to the attempts by some localities to ban motorcycles, a measure was approved by the Legislature prohibiting regulations that would discriminate specifically against motorcycles or motorcyclists. "Federal law already prohibits state and local governments from enacting rules banning motorcycles on roads receiving federal funds," says Larry Schwartz, president of District 3 of the American Motorcyclist Association. "New York's new law simply extends this protection to roads receiving state funds."

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