Pre-Licensing Course

RequirementsA quick review for Driver Traffic Safety

Educators

What is the Pre-Licensing Course?

• The Pre-licensing Course, also known as “the 5-hour course,” is a DMV-designed classroom course that provides new drivers with information which will help them drive safely. 

• For many students, the course provides the only formal training opportunity to gain knowledge of the basic rules of the road, safe driving principles, defensive driving skills, and other factors which affect driving.

Requirements to issue an MV-278

• Commissioner’s Regulations Part 7, Section 7.8(d): “…when, in the opinion of the instructor, that material which is required to be given in an approved course has been taught to the student even though the driver education course has not been completed.”

• So how do you know?

Curriculum

The MV-277 Pre-Licensing Course Instructor’s Manual is available online at

www.dmv.ny.gov/forms/mv277.pdf

Driver Education provider info at

www.dmv.ny.gov/org/driver-training/requirements-and-forms-driver-education-providers

Units in the MV-277

• Course Introduction

• Driving in the Highway Transportation System

• Driver Skills and Habits

• Feelings, Attitudes, and Taking Risks

• Alcohol, Other Drugs, and Driving

• Course Recap

Required topics per Vehicle and Traffic Law

• “Alcohol and Drug Education”

• “Road Rage”

• “Work Zone Safety”

“Alcohol and Drug Education”VTL 502.4{c}

Per New York State Vehicle and Traffic Law, the Pre-Licensing Course must include:

“ (a) mandatory component in alcohol and drug education of not less than two hours as a prerequisite for obtaining a license to operate a motor vehicle.”

“…to educate prospective licensees on the effects that ingestion of alcohol and other drugs have on a person’s ability to operate a motor vehicle.”

Topics that must be covered

• “instruction describing the hazards of driving while impaired or intoxicated”

• “…the penalties for alcohol related motor vehicle violations including sanctions set forth in the penal law that apply to homicides and assaults arising out of the operation of a motor vehicle while intoxicated…”

…and…

• “…those sanctions set forth in the vehicle and traffic law relating to driving while intoxicated;”

• “Medical biological and physiological effects of the consumption of alcohol and their impact on the operation of a motor vehicle.”

Recent law to include

“Leandra’s Law” (in memory of Leandra Rosado):

• Operating a MV while under the influence with a child (15 years old or younger) in the vehicle is a Class E FELONY (up to 4 years in State prison)

• DWI Drivers that cause serious physical injury to a child in the vehicle – Class C felony (up to 15 years in prison)

• DWI drivers that cause the death of a child in the vehicle – Class B Felony (up to 25 years in prison)

• Driver sentenced for DWI must have an ignition interlock installed on any vehicle they own or operate

“Road Rage”VTL 502.4{c}{1}

• The purpose of the component is to educate prospective licensees on the effects that the development and expression of "Road Rage", as defined by the commissioner, have on a person's ability to operate a motor vehicle.

Topics that must be covered

• instruction describing the hazards of driving and exiting the vehicle while under the influence of "Road Rage";

• the penalties for "Road Rage"-related motor vehicle or other violations including sanctions set forth in the penal law that apply to homicides and assaults arising out of the operation of a motor vehicle while expressing "Road Rage", and any sanctions set forth in law relating to driving while under the influence of "Road Rage"; and

• the medical, biological and physiological effects of the development and expression of "Road Rage", and their impact on the operation of a motor vehicle.

“Work Zone Safety”VTL 502.4{c}{2}

• The commissioner shall establish a curriculum for the "Work Zone Safety" component which shall include but not be limited to: instruction describing the potential hazards of driving through a work zone, whether or not work, maintenance or other related construction is being undertaken therein, and information on the provisions of law relating to driving within a work zone and sanctions for violations of such provisions, including speeding in a work zone.

Topics that must be covered

• “…instruction describing the potential hazards of driving through a work zone, whether or not work, maintenance or other related construction is being undertaken therein, and”

• “…information on the provisions of law relating to driving within a work zone and sanctions for violations of such provisions, including speeding in a work zone.”

Conundrum

• VTL 507.1: Students don’t need a permit to participate in Driver Education

• However:

• Administrative Duties (see Appendix C-1) require a photo permit be presented before a certificate can be issued.

• Bottom Line: You can’t issue a certificate until you see the students’ valid photo permit.

Important new(er) laws

• “Texting/Distracted Driving”• 5 points on your license and fines up to $400

(plus surcharges)

• 60-day suspension for Junior or Probationary Licensees

• Constitutes a “Primary Stop” offense

• “Move Over” Law (protects emergency personnel)• Drivers must move from the lane…unless

traffic or other hazards prevent doing so safely.

Questions?

Contact the Bureau of Driver Training Programs:

Phone: 518-473-7174 (M-F 9am to 4pm)

Fax: 518-473-0160

E-Mail: Driving.School@dmv.ny.gov

(Snail) Mail: NYS Department of Motor Vehicles,

6 S. Swan Street, Room 221,

Albany, NY 12228