NY Ins L § 2353 (2021)
2021 New York Laws ISC - Insurance Article 23 - Property/casualty Insurance Rates 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.