senate Bill S1350

Requires the driver of a vehicle involved in an accident involving no personal injury or death to move the vehicle to a safe location

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 06 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1100
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Requires the driver of a vehicle involved in an accident involving no personal injury or death to move the vehicle to a safe location in the vicinity of the incident.

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Bill Details

See Assembly Version of this Bill:
A1296
Versions:
S1350
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§600 & 1200, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S6476, A10097

Votes

15
0
15
Aye
0
Nay
3
aye with reservations
0
absent
1
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S1350

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to removing vehicles
from traffic following an accident

PURPOSE:

This bill would improve safety and facilitate traffic mobility by
requiring drivers to remove their vehicles from the roadway, if safe
and possible, when their vehicle is in an accident not involving
personal injury or death.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Vehicle and Traffic law (VTL) § 600 to
provide that removing a vehicle involved in an accident from the
roadway in a manner consistent with section 2 of this bill does not
constitute "leaving the scene of an accident."

Section 2 of this bill amends VTL § 1200 to require a driver of a
vehicle that is in a traffic accident not involving personal injury
or death to immediately remove the vehicle from the roadway - but
remain in the immediate vicinity of the incident - provided it is
practical to do so safely.

EXISTING LAW:

VTL § 600 requires that drivers involved in an accident causing
property damage stop "where the damage occurred" and, before leaving,
provide to the party suffering the damage certain information, such
as their driver license and insurance identification card data. VTL
§ 1200 establishes basic rules for stopping, standing, and parking, and
does not include the provisions added by this bill.

LEGISLATIVE HISTORY:

2009/10: S.6476/A.10097 - Passed Senate
2008: S.7396/A.11067 - Passed Senate

STATEMENT IN SUPPORT:

This bill would require a driver of a vehicle involved in an accident
in which no personal injury or death occurred to immediately move or
cause the removal of the vehicle from the travel lane to a safe
location along the highway in the immediate vicinity of the accident
- provided the vehicle is operable and doing so can be done safely,
This bill makes clear that so moving a vehicle does not imply that no
injuries occurred, and does not deem the driver liable or at fault
for the accident.

This proposal would maintain a safe roadway for the traveling public
and lessen the negative economic impacts of traffic incidents to
motorists and shippers not directly involved in an incident.


The longer a vehicle involved in an incident remains on the roadway, the
more likely a secondary incident will occur, increasing the risk of
death or serious personal injury to the public and emergency
responders.
In addition, other users of the highway system lose time and money
sitting in incident-related traffic backups, with the cost of these
delays impacting the entire community.

This proposal would assist in overall incident management. The removal
from the roadway of a vehicle involved in an accident - if possible
and safe - is an important step drivers themselves can take to avoid
secondary incidents and congestion. But drivers must be empowered by
law to take that step.

Nearly half of the states in the nation have enacted laws like this
one, termed "move-it" laws, to encourage or require drivers to move
their vehicles out of the roadway if involved in a non-injurious
crash.. Such laws make sense because moving or clearing vehicles
involved in such crashes saves lives, reduces congestion, and
improves travel.

The National Highway Traffic Safety Administration (NHTSA) reports
that of the 63 million highway crashes in 2002, 4.3 million damaged
only property, 1.9 million involved personal injury, and 38,491
resulted in a fatality. Accordingly, for as many as two-thirds of the
nation's auto crashes, it is possible that vehicles could be
immediately moved out of the travel lanes onto the shoulder,
preventing secondary accidents and reducing resulting traffic
congestion. Also, twenty percent of incidents are a direct result of
the aftermath of an initial accident. That is why it is essential to
remove vehicles involved in minor incidents from the roadway as
quickly as possible to reduce the likelihood of secondary incidents.

As is current practice, the Department of Transportation would
continue to work closely with the State Police on all issues
associated with vehicle accidents and highway safety.

BUDGET IMPLICATIONS:

This bill would have no significant budgetary implications, However,
this bill may produce overall savings from reduced congestion and
fewer secondary accidents, and involve minimal expense associated
with the education of the motoring public regarding these changes.

EFFECTIVE DATE:

This bill would be effective on the first of November following
enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1350

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law,  in  relation  to  removing
  vehicles from traffic following an accident

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 600 of the vehicle and traffic law  is  amended  by
adding a new subdivision 3 to read as follows:
  3.  REMOVAL  OF  A  VEHICLE.  A PERSON WHO MOVES A VEHICLE IN A MANNER
CONSISTENT WITH SUBDIVISION (E) OF SECTION TWELVE HUNDRED OF THIS  CHAP-
TER  AND  WHO REMAINS IN THE IMMEDIATE VICINITY OF AN ACCIDENT SHALL NOT
BE CONSTRUED TO BE IN VIOLATION OF THIS SECTION BECAUSE  OF  SUCH  MOVE-
MENT.
  S  2. Section 1200 of the vehicle and traffic law is amended by adding
a new subdivision (e) to read as follows:
  (E) WHENEVER A  VEHICLE  IS  INVOLVED  IN  AN  ACCIDENT  INVOLVING  NO
PERSONAL INJURY OR DEATH, THE DRIVER OF ANY INVOLVED VEHICLE SHALL IMME-
DIATELY  MOVE  OR CAUSE REMOVAL OF THE VEHICLE FROM THE TRAVEL LANE TO A
SAFE LOCATION ALONG THE HIGHWAY IN THE IMMEDIATE VICINITY OF  THE  INCI-
DENT,  PROVIDED  THAT  THE  VEHICLE  IS OPERABLE AND THE MOVEMENT OF THE
VEHICLE CAN BE DONE SAFELY. MOVEMENT CONSISTENT WITH THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL  NOT  BE  CONSTRUED TO IMPLY THAT NO INJURY HAS
OCCURRED NOR SHALL THE DRIVER BE CONSIDERED LIABLE OR AT FAULT REGARDING
THE CAUSE OF THE ACCIDENT SOLELY BY MOVING OR CAUSING THE REMOVAL OF THE
VEHICLE. MOVING A VEHICLE CONSISTENT WITH  THIS  SUBDIVISION  SHALL  NOT
RELIEVE  AN  INVESTIGATING  POLICE OFFICER FROM THE OBLIGATION TO FILE A
REPORT  OTHERWISE  REQUIRED.  NOTHING  IN  THIS  SUBDIVISION  SHALL   BE
CONSTRUED  TO AUTHORIZE OTHERWISE UNQUALIFIED PERSONS TO CLEAR OR REMOVE
HAZARDOUS MATERIALS FROM THE HIGHWAY  OR  TO  MOVE  VEHICLES  WHICH  ARE
TRANSPORTING  HAZARDOUS MATERIALS IN A MANNER INCONSISTENT WITH APPLICA-
BLE LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03014-01-1

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