2023 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.