NY State Senate Bill 2013-S6297

Senate Bill S6297

2013-2014 Legislative Session

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle, or volunteer first responder

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2014	referred to transportation

co-Sponsors

2013-S6297 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1144-a, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S4416

2013-S6297 (ACTIVE) - Summary

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle, or volunteer first responder.

2013-S6297 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6297

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the operation of vehicles when approaching a parked,
stopped or standing authorized emergency or hazard vehicle, or
volunteer first responder

PURPOSE: To increase the penalties for operating a motor vehicle
recklessly when approaching a parked, stopped or standing authorized
emergency vehicle or hazard vehicle and causing serious physical
injury or death.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision (a) and of section 1144-a of the vehicle
and traffic law to clarify that the move over act applies to
authorized emergency vehicles stopped in travel lanes and all public
highways.

Adds two new subdivisions (b) and (d) to increase the penalties for
individuals who operate a vehicle recklessly and cause serious
physical injury or death to a class E or D felony respectively.

Section 2. This act shall take effect on the one hundred eightieth day
after it shall have become law.

JUSTIFICATION: The "move over law" requires drivers approaching
stopped police, emergency or hazard vehicles with their lights
flashing to slow down and move over at least one lane away from that
vehicle if traffic conditions allow. Violators face a fine between
$250 and $400 and/or up to 30 days imprisonment, as well as two
penalty points on their driver's license. However, the law does not
include any enhanced penalties if a driver causes death or serious
physical injury as a result of violating the law.

In February of 2011, Nassau County Police Officer Michael Califano was
killed while performing a routine traffic stop on the Long Island
Expressway when his cruiser was struck from behind by a box truck.
Despite the fact that Officer Califano's cruiser was stopped on the
shoulder with its lights flashing and the box truck's driver's
negligent actions caused Officer Califano's death, the offender
received only a conviction for reckless driving, which is an
unclassified misdemeanor, because the current "move over law" does not
allow for drivers to face enhanced penalties for killing or seriously
injuring someone as a result of violating the law.

This legislation would build upon the protections the "move over law"
provides our emergency personnel and hazard vehicle operator's by
increasing the penalties for those who operate a motor vehicle
recklessly when approaching a parked, stopped or standing authorized
emergency vehicle or hazard vehicle and causing serious physical
injury or death.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:  None


EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become law.

2013-S6297 (ACTIVE) - Bill Text download pdf

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

                                  6297

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  BALL  --  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  the  opera-
  tion  of  vehicles  when  approaching  a  parked,  stopped or standing
  authorized emergency or hazard vehicle, or volunteer first responder

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

  Section  1.  Section 1144-a of the vehicle and traffic law, as amended
by chapter 458 of the laws of 2011, subdivision (a) as amended by  chap-
ter 248 of the laws of 2013, 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, OR  VOLUNTEER
FIRST  RESPONDER.   (a) Every operator of a motor vehicle shall exercise
due care to avoid colliding with [an authorized] A DESIGNATED  emergency
vehicle  which  is  parked,  stopped or standing on the shoulder, TRAVEL
LANES or any portion of [such] A PUBLIC  highway  and  such  [authorized
emergency]  DESIGNATED vehicle is displaying one or more red or combina-
tion red and  white,  AMBER,  BLUE  OR  GREEN  lights  pursuant  to  the
provisions  of  paragraph two, THREE, FOUR OR FIVE of subdivision forty-
one of section  three  hundred  seventy-five  of  this  chapter  [or  is
displaying  one  or  more  blue, combination blue and red or combination
blue, red and white lights pursuant to the provisions of subparagraph  b
of  paragraph  four  of  subdivision  forty-one of section three hundred
seventy-five of this chapter]. For operators of motor vehicles on  park-
ways, PUBLIC HIGHWAYS 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  OR  LANE  where  such  [authorized
emergency]  DESIGNATED vehicle displaying one or more red, blue or white
or any combination of red and white, AMBER, BLUE  OR  GREEN  lights  [or
blue  or  combination  blue  and  red or combination blue, red and white
lights] pursuant to the provisions of paragraph two [or  subparagraph  b
of  paragraph],  THREE,  four[,  as  applicable]  OR FIVE of subdivision
forty-one of section three  hundred  seventy-five  of  this  chapter  is
parked,  stopped  or standing to another lane, provided [that such move-

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

                                                           LBD13477-01-4

S. 6297                             2

ment 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] A DRIVER
REQUIRED  TO  MOVE FROM A LANE PURSUANT TO THIS SECTION SHOULD, WHEREVER
POSSIBLE, COMPLY WITH THE PROVISIONS OF THIS CHAPTER, BUT IN  THE  EVENT
SUCH  COMPLIANCE WOULD PREVENT A DRIVER FROM MOVING TO ANOTHER LANE, THE
DRIVER MAY DISREGARD ANY PROHIBITIVE LANE MARKINGS  OR  TRAFFIC  CONTROL
DEVICES  AS  AN EMERGENCY MEASURE INTENDED TO PREVENT AN IMMINENT COLLI-
SION. SUCH EMERGENCY MEASURE MAY ONLY BE UTILIZED  WHEN  THE  DRIVER  IS
ABLE TO MOVE FROM THE DRIVER'S LANE SAFELY. IN THE EVENT THAT CONDITIONS
PREVENT A DRIVER FROM MOVING TO ANOTHER LANE SAFELY, THE DRIVER SHALL BE
REQUIRED  TO REDUCE THE SPEED OF THE DRIVER'S VEHICLE TO A SPEED THAT IS
REASONABLE AND PRUDENT UNDER THE CONDITIONS AND  HAVING  REGARD  TO  THE
ACTUAL  AND POTENTIAL HAZARDS THEN EXISTING PURSUANT TO PARAGRAPH (A) OF
SECTION ELEVEN HUNDRED EIGHTY 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 stand-
ing  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 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 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.]  ANY  PERSON  WHO
VIOLATES  SUBDIVISION  (A)  OF  THIS SECTION AND WHO ENGAGES IN RECKLESS
DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND
CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON SHALL BE  GUILTY  OF  A
CLASS E FELONY.
  (C)  ANY  PERSON  WHO VIOLATES SUBDIVISION (A) OF THIS SECTION AND WHO
ENGAGES IN RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED  TWELVE
OF THIS CHAPTER, AND CAUSES THE DEATH OF ANOTHER PERSON SHALL  BE GUILTY
OF A CLASS D FELONY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S6297

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Sponsored By

Greg Ball