senate Bill S2769B

Signed by Governor

Provides standards of care to safely approach an emergency or hazard vehicle parked, stopped or standing on the shoulder of a highway

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Bill Status


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

  • 01 / Feb / 2011
    • REFERRED TO TRANSPORTATION
  • 08 / Feb / 2011
    • 1ST REPORT CAL.72
  • 14 / Feb / 2011
    • 2ND REPORT CAL.
  • 15 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 28 / Feb / 2011
    • AMENDED ON THIRD READING 2769A
  • 16 / Mar / 2011
    • AMENDED ON THIRD READING 2769B
  • 28 / Mar / 2011
    • PASSED SENATE
  • 28 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 29 / Mar / 2011
    • REFERRED TO TRANSPORTATION
  • 15 / Jun / 2011
    • SUBSTITUTED FOR A177B
  • 15 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.200
  • 15 / Jun / 2011
    • PASSED ASSEMBLY
  • 15 / Jun / 2011
    • RETURNED TO SENATE
  • 05 / Aug / 2011
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2011
    • SIGNED CHAP.458

Summary

Provides standards of care to safely approach an emergency or hazard vehicle parked, stopped or standing on the shoulder of a highway.

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Bill Details

See Assembly Version of this Bill:
A177B
Versions:
S2769
S2769A
S2769B
Legislative Cycle:
2011-2012
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง502 & 1144-a, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2880, A1691
2007-2008: A204

Sponsor Memo

BILL NUMBER:S2769B

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to approaching
a parked, stopped or standing
hazard vehicle on the shoulder of a highway

PURPOSE:
This measure would mandate all drivers of motor vehicles to exercise
due caution when approaching, overtaking or passing any hazard
vehicle, as defined in Section 117-a of the Vehicle and Traffic Law,
on all roadways in New York State.

SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 3 of section 502 of the vehicle and
traffic law, as amended by chapter 387 of the laws of 2010 to include
information about the law regarding exercising due care around a
hazard vehicle in the drivers manual presented to those requesting an
application for a learner's permit.

Section 2: Amends subparagraph (i) of paragraph (a) of subdivision 4
of section 502 of the vehicle and traffic law, as amended by chapter
387 of the laws of 2010 to include questions about the law regarding
exercising due care around a hazard vehicle among those which may be
asked on the written test for a drivers license.

Section 3: Amends section 1144-a of the vehicle and traffic law, as
added by chapter 387 of the laws of 2010 to apply the same
requirements of exercising due care around a hazard vehicle
displaying one or more amber lights as a motorist would around an
authorized emergency vehicle displaying one or more red, blue, or
white lights. It also adds a paragraph (b) to section 1144-a of the
vehicle and traffic law which details the proper procedure for
exercising due care around a hazard vehicle.

Section 4: Effective Date

EXISTING LAW:
Current statutory provisions do not require that drivers traveling on
controlled access highways to move over to the adjacent lane when
approaching or passing a hazard vehicle.

JUSTIFICATION:
If signed into law, this bill would provide a measure of safety for
drivers and workers who travel in hazard vehicles from adjacent
traffic on all New York State roadways when performing a work-related
duty, such as recovering a stranded or broken down automobile, any
snow removal operation, highway construction or maintenance, etc.

LEGISLATIVE HISTORY:
S.2880 of 2009: Referred to Transportation in Senate (similar)
S.480 of 2007: Passed Senate, Died in Assembly Transportation (similar)
S.268-A of 2005: Passed Senate, Died in Assembly Codes (similar)
S.6600A of 2004: Passed Senate, Died in Assembly Codes (similar)


FISCAL IMPLICATIONS:
Minimal to State.

EFFECTIVE DATE:
This act shall take effect September 1, 2011; provided that:
(a) any rules and regulations, and the taking of any other
actions necessary to implement the provisions of such sections
of this act are authorized and directed to be made on or before
such effective date; and (b) section three of this act shall
take effect January 1, 2012.

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

                                 2769--B
    Cal. No. 72

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 1, 2011
                               ___________

Introduced by Sens. BONACIC, AVELLA, FUSCHILLO -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- reported favorably from said committee, ordered to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the vehicle and traffic law, in relation to  approaching
  a  parked,  stopped  or  standing  hazard vehicle on the shoulder of a
  highway

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

  Section  1.  Subdivision  3  of section 502 of the vehicle and traffic
law, as amended by chapter 387 of the laws of 2010, is amended  to  read
as follows:
  3.  Application  for  learner's permit. An application for a learner's
permit shall be included in the application for a license.  A  learner's
permit  shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant  to  paragraph
(a)  of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not  limited  to  the  laws
relating  to  traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while  intoxicated,  the  law
for  exercising  due  care  to avoid colliding with a parked, stopped or
standing authorized emergency vehicle  OR  HAZARD  VEHICLE  pursuant  to
section  eleven  hundred  forty-four-a  of this chapter, explanations of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01167-07-1

S. 2769--B                          2

traffic signs and symbols and such other matters as the commissioner may
prescribe.
  S 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 387 of the laws of
2010, is amended to read as follows:
  (i)  Upon  submission  of  an  application for a driver's license, the
applicant shall be required to take and pass a test, or submit  evidence
of  passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while  intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty"  awareness as defined by the commissioner, the law relating to exer-
cising due care to avoid colliding with a parked,  stopped  or  standing
authorized emergency vehicle OR HAZARD VEHICLE pursuant to section elev-
en hundred forty-four-a of this chapter, the ability to read and compre-
hend traffic signs and symbols and such other matters as the commission-
er  may prescribe, and to satisfactorily complete a course prescribed by
the commissioner of not less than four hours  and  not  more  than  five
hours,  consisting  of  classroom  driver  training  and  highway safety
instruction or the equivalent thereof. Such test shall include at  least
seven written questions concerning the effects of consumption of alcohol
or  drugs  on the ability of a person to operate a motor vehicle and the
legal and financial consequences resulting from  violations  of  section
eleven  hundred ninety-two of this chapter, prohibiting the operation of
a motor vehicle while under the influence of alcohol or drugs. Such test
shall include one or more written questions concerning  the  devastating
effects  of  "Road  Rage"  on the ability of a person to operate a motor
vehicle and the legal and financial consequences resulting from assault-
ing, threatening or interfering  with  the  lawful  conduct  of  another
person  legally  using  the roadway. Such test shall include one or more
questions concerning the potential  dangers  to  persons  and  equipment
resulting  from  the unsafe operation of a motor vehicle in a work zone.
Such test may include one or more questions concerning the law for exer-
cising due care to avoid colliding with a parked,  stopped  or  standing
authorized emergency vehicle OR HAZARD VEHICLE pursuant to section elev-
en hundred forty-four-a of this chapter. Such test shall be administered
by  the commissioner. The commissioner shall cause the applicant to take
a vision test and a test for color blindness. Upon passage of the vision
test, the application may be accepted and the application fee  shall  be
payable.
  S  3. Section 1144-a of the vehicle and traffic law, as added by chap-
ter 387 of the laws of 2010, is amended to read as follows:
  S 1144-a. Operation of vehicles when approaching a parked, stopped  or
standing  authorized  emergency  vehicle  OR HAZARD VEHICLE.   (A) Every
operator of a motor vehicle shall exercise due care to  avoid  colliding
with  an authorized emergency vehicle which is parked, stopped or stand-
ing on the shoulder or any portion of such highway and  such  authorized
emergency  vehicle  is displaying one or more red or combination red and
white lights pursuant to the provisions of paragraph two of  subdivision
forty-one  of  section  three hundred seventy-five of this chapter.  For
operators of motor vehicles on parkways or controlled  access  highways,
such  due  care shall include, but not be limited to, moving from a lane
which contains or is immediately adjacent to  the  shoulder  where  such
authorized  emergency  vehicle displaying one or more red or combination
red and white lights pursuant to the  provisions  of  paragraph  two  of
subdivision  forty-one  of  section  three  hundred seventy-five of this
chapter is parked, stopped or standing to another  lane,  provided  that

S. 2769--B                          3

such  movement  otherwise complies with the requirements of this chapter
including, but not limited to, the provisions of sections eleven hundred
ten of this title and eleven hundred twenty-eight of this title.
  (B) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
COLLIDING  WITH A HAZARD VEHICLE WHICH IS PARKED, STOPPED OR STANDING ON
THE SHOULDER OR ON ANY PORTION OF SUCH HIGHWAY AND SUCH  HAZARD  VEHICLE
IS  DISPLAYING  ONE  OR  MORE AMBER LIGHTS PURSUANT TO THE PROVISIONS OF
PARAGRAPH THREE OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVEN-
TY-FIVE OF THIS CHAPTER. FOR OPERATORS OF MOTOR VEHICLES ON PARKWAYS  OR
CONTROLLED  ACCESS  HIGHWAYS,  SUCH  DUE  CARE SHALL INCLUDE, BUT NOT BE
LIMITED TO, MOVING FROM A LANE WHICH CONTAINS OR IS IMMEDIATELY ADJACENT
TO THE SHOULDER WHERE SUCH HAZARD VEHICLE DISPLAYING ONE OR  MORE  AMBER
LIGHTS  PURSUANT  TO  THE  PROVISIONS  OF PARAGRAPH THREE OF SUBDIVISION
FORTY-ONE OF SECTION THREE  HUNDRED  SEVENTY-FIVE  OF  THIS  CHAPTER  IS
PARKED, STOPPED OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT
OTHERWISE  COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER INCLUDING, BUT
NOT LIMITED TO, THE PROVISIONS OF SECTIONS ELEVEN HUNDRED TEN AND ELEVEN
HUNDRED TWENTY-EIGHT OF THIS TITLE.
  S 4. This act  shall  take  effect  immediately,  provided  that:  (a)
sections  one  and  two of this act shall take effect September 1, 2011,
except that the promulgation of  any  rules  and  regulations,  and  the
taking  of  any  other  actions necessary to implement the provisions of
such sections of this act are authorized and directed to be made  on  or
before  the  effective  date  of such sections; and (b) section three of
this act shall take effect January 1, 2012.

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