S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3889
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI,  JAFFEE, COLTON, CAHILL, GUNTHER,
   LUPARDO, GOTTFRIED,  OTIS,  GALEF,  PAULIN,  SANTABARBARA,  CROUCH  --
   Multi-Sponsored  by  -- M. of A. BRAUNSTEIN, COOK, ENGLEBRIGHT, GLICK,
   JEAN-PIERRE -- read once and referred to the Committee on  Transporta-
   tion

 AN ACT to amend the vehicle and traffic law, in relation to requiring an
   operator  of  a  motor vehicle to exercise due care to avoid colliding
   with a vehicle in distress which is parked, stopped,  or  standing  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. The vehicle and traffic law is  amended  by  adding  a  new
 section 159-b to read as follows:
   §  159-B.  VEHICLE IN DISTRESS. A VEHICLE WHICH IS PARKED, STOPPED, OR
 STANDING ON THE SHOULDER OF A HIGHWAY, INTERSTATE, PARKWAY, OR ROAD THAT
 IS EXPERIENCING AN EMERGENCY CONDITION. A VEHICLE  IN  DISTRESS  MAY  BE
 IDENTIFIED  BY  SEVERAL  FEATURES  INCLUDING BUT NOT LIMITED TO FLASHING
 AMBER HAZARD WARNING LIGHTS, ROAD FLARES,  ORANGE  REFLECTIVE  TRIANGLE,
 WHITE FLAG IN THE WINDOW, OR ABNORMAL SMOKE COMING FROM THE VEHICLE.
   §  2.  Section  1144-a  of  the vehicle and traffic law, as amended by
 chapter 458 of the laws of 2011, the  section  heading  as  amended  and
 subdivision (c) as added by chapter 97 of the laws of 2016, and subdivi-
 sion  (a)  as  amended by chapter 248 of the laws of 2013, is amended to
 read as follows:
   § 1144-a. Operation of vehicles when approaching a parked, stopped  or
 standing authorized emergency vehicle [or], hazard vehicle [or], vehicle
 displaying  blue or green light OR VEHICLE IN DISTRESS. (a) Every opera-
 tor of a motor vehicle shall exercise due care to avoid  colliding  with
 an  authorized emergency vehicle which is parked, stopped or standing on
 the shoulder or any portion of such highway and such authorized emergen-
 cy vehicle is displaying one or more red or combination  red  and  white
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06519-01-9

 A. 3889                             2
 
 lights  pursuant  to  the  provisions  of  paragraph  two 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 or controlled access highways, such due care shall include, but not
 be limited to, moving from a lane which contains or is immediately adja-
 cent to the shoulder where such authorized emergency vehicle  displaying
 one  or  more  red,  blue  or  white or any combination of red and white
 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 four, as applicable of subdivision forty-one of section
 three hundred seventy-five of this chapter is parked, stopped or  stand-
 ing 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  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.
   (c) Every operator of a motor vehicle shall exercise due care to avoid
 colliding with a  vehicle  displaying  a  blue  light  pursuant  to  the
 provisions of paragraph four or a green light pursuant to the provisions
 of  paragraph  five  of  subdivision  forty-one of section three hundred
 seventy-five of this chapter which is parked, stopped or standing on the
 shoulder or any portion of such highway. 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 imme-
 diately adjacent to the shoulder where such vehicle  displaying  a  blue
 light  pursuant  to  the  provisions  of paragraph four or a green light
 pursuant to the provisions of paragraph 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 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.
   (D) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
 COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
 ING  ON  THE  SHOULDER  OF A HIGHWAY. 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 A VEHICLE IN DISTRESS IS PARKED,
 STOPPED OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT  OTHER-

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 WISE  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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.