Buffalo, N.Y. (WBEN) - A bill currently making its way through state government is aimed to try and mitigate potential danger during routine traffic stops for police officers and drivers alike.
New York State Sen. Patrick Gallivan has co-sponsored legislation with Sen. Roxanne Persaud that would require driver's education and defensive driving classes to include information on proper procedures and behavior when stopped by a law enforcement officer as part of driving instruction courses.
"We look at operating a vehicle, and we all know it's a privilege. But along with that privilege comes responsibility," said State Sen. Patrick Gallivan in an interview with WBEN. "We also know, where we have seen across the country, some of these traffic stops gone array simply because of a misunderstanding or miscommunication between the driver and the police officer. This will require the education so that the driver essentially has no excuse. They've been talked [to], 'OK, here's what happens when you're pulled over: The police officer is going to come up to the car, he has a right to stop you, he has a right to ask you for your driver's license and vehicle information, and he wants to do it in a safe manner.' In turn, part of the education process would be you try to pull over to a safe spot, turn your interior light on, keep your hands in view, no sudden movements, turn the radio down and things of that nature so that you can properly communicate. I think it just makes all the sense in the world."
The bill has bipartisan support in the State Senate, and has been passed two years in the row. It has also been endorsed by the Police Conference of New York Inc. and the New York State Troopers PBA.
While the bill has not been voted on in the State Assembly, it is expected to be considered again when the new session starts in January.
"I think the education is certainly welcomed, it'll be welcomed by law enforcement," said Niagara County Sheriff Michael Filicetti in an interview with WBEN. "Whether you're pulled over for just a stop sign, a minor violation, this is a stressful interaction. I think any education that can be given to make that a smoother process is a good option."
Given the nature of their profession, police officers are often on alert for potential threats, especially during traffic stops. Instructing drivers on their responsibilities and what constitutes proper behavior would make traffic stops safer and more efficient.
"The driver, they'll have spent some time during their learning process actually talking about it, and considering what happens when the police officer comes up to your vehicle. Experience shows, of course, having learned about something, having thinking and thought it through, having an understanding of what the expectations are, I think can help put the driver's mind at ease so they know what to expect," Gallivan said. "And the police officer, the fact that drivers have been educated about this, there's a lot of anxiety when the police officer's walking up to the vehicle, because they don't know who they're walking up to. Sure, it could have been somebody that was just speeding or gone through a red light, but it could also have been somebody who just committed a crime.
"I think it'll help alleviate any miscommunication, misunderstanding between the police officer and the driver, and make these steps more civil, if you will. Most of them are, of course, but we would like to avoid any misunderstanding whatsoever, and I think this bill goes a long way towards doing that."
While Gallivan doesn't know whether this education would replace parents giving their kids advice when they get behind the wheel, but it may also help educate adults more on procedures they might now know when stopped by a police officer.
"I think there's some angst when you get pulled over. The lights are flashing behind you, somebody walks up and ask you for your identification. The components in here that I see - pulling over to the shoulder of the road, pulling over in a safe place to stop, turning your radio down, turning your vehicle off, keeping your hands visible, avoiding sudden movements - I think that makes the interaction that much easier on a traffic stop," Filicetti added.
When it comes to challenges with this proposed bill, Gallivan says the first hurdle will be to get the law passed. After that, once it's through both houses and signed by the Governor, the curriculum has to be put together.
The legislation would mandate the creation of a curriculum by the commissioner of the Department of Motor Vehicles, and would authorize the commissioner to work with the Division of State Police, civil liberties organizations, and others to assist in curriculum content.
"The Commissioner of the Department of Motor Vehicles will work with the Superintendent of State Police to put the appropriate things in the course. And then, of course, it will be new for people, and anything new, there is a learning curve and it presents some challenges," Gallivan said. "I think, overall, it's so common sense that it's something that'll be readily accepted."
As for Filicetti, he feels it's important for all elements of law enforcement to have a seat at that table when developing this curriculum, because it has to make sense for everyone.
"We want to make sure this is beneficial so we have good outcomes. That's the whole point of this. We want to make sure we have good and safe outcomes on traffic stops," Filicetti said.
While this bill is focused on improving drivers education of traffic stops in New York, both Gallivan and Filicetti believe this initiative should be looked at on a deeper level with more driver schools and municipalities nationwide looking to further educate drivers on the matter.
"I think there's a lot of informal discussion about it that does go on, but if we standardize it and it becomes part of the education of a new driver, something similar to them learning the rules of the road, from them learning that you stop at a red light, you don't speed, you move over to safely go around vehicles. Things of that nature," Gallivan said. "I think there is a need for it, and that's evidenced by the traffic stops that have gone badly, that so many of us have seen across the country in our lifetime."
"I think mandating it will ensure it is a topic that is covered, and makes it where we're going to make sure people are getting this valuable information," Filicetti added. "I think traffic stops can be very routine - I hate to use the word 'routine', but they can be - but they can also be very contentious and very dangerous. So, again, telling people what to expect, and what we are going to expect as law enforcement on a traffic stop is definitely a move in the right direction."
The bill has been sent to the Senate’s Committee on Transportation, where Sen. Gallivan is a member.