senate Bill S393

Relates to emergency rule with respect to the removal of vehicles from public streets and highways

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Sponsor

Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Relates to emergency rule with respect to the removal of vehicles from public streets and highways.

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Bill Details

See Assembly Version of this Bill:
A1427
Versions:
S393
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1602, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1366, A1343
2009-2010: S5174, A9995

Sponsor Memo

BILL NUMBER:S393

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to emergency rule with
respect to the removal of vehicles from public streets and highways

PURPOSE:
To allow police officers and other public officers to direct
that vehicles and their contents be removed from public highways and
to relieve such Police officer and public officers, and anyone acting
pursuant to their direction from liability for such removal, unless
such removal was carried out in a reckless or grossly negligent manner.

SUMMARY OF PROVISIONS:
Adds a new paragraph to section 1602 of the
vehicle and traffic law to accomplish the foregoing.

JUSTIFICATION:
Numerous studies have indicated that delays in clearing
highways of wrecked or damaged vehicles often leads to secondary
accidents and a loss of productivity by persons who are
inconvenienced by highways that are closed as the result of
accidents. For this reason, many police agencies and political
subdivisions have adopted "quick clearance" procedures that are
designed to open highways in as short a time as possible. These
procedures often require the removal of vehicles (sometimes by the
use of bulldozers) in a manner that results in unavoidable damage to
Such vehicles and their cargo.

This bill relieves police officers and other public officers, and any
persons acting pursuant to their direction, from liability for damage
caused to such vehicles and cargo unless such removal is carried out
in a reckless or grossly negligent manner.

Legislation of this nature is endorsed by the 1-95 Corridor Coalition,
a coalition consisting of transportation, police, emergency and
private sector interests that range from Maine to Florida.

LEGISLATIVE HISTORY:
2011-12: S.1366/A.1343
2009-10: S.5175/A.9995 - Passed Senate

FISCAL IMPACT:
None to the state.

EFFECTIVE DATE:
Immediately.

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

                                   393

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- 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  emergency
  rule  with  respect to the removal of vehicles from public streets and
  highways

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

  Section  1.  Section 1602 of the vehicle and traffic law is amended by
adding a new subdivision (e) to read as follows:
  (E) A POLICE OFFICER OR OTHER PUBLIC OFFICER WHO HAS  BEEN  DESIGNATED
BY  THE  STATE OR A POLITICAL SUBDIVISION THEREOF TO REGULATE TRAFFIC AT
THE SCENE OF AN ACCIDENT OR SPECIAL EMERGENCY MAY, IN THE  INTERESTS  OF
PUBLIC SAFETY AND CONVENIENCE, DIRECT THAT A VEHICLE AND ITS CONTENTS BE
REMOVED  FROM  A  PUBLIC STREET OR HIGHWAY. SUCH POLICE OFFICER OR OTHER
PUBLIC OFFICER AND ANY PERSON ACTING PURSUANT TO HIS  OR  HER  DIRECTION
SHALL  NOT  BE  LIABLE  FOR  ANY  DAMAGE TO SUCH VEHICLE OR ITS CONTENTS
UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR  GROSSLY  NEGLIGENT
MANNER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00701-01-3

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