S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5129--A
     Cal. No. 729
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced by Sens. WEBB, KENNEDY -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Transportation --
   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
 
 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  motor  vehicle  which  is parked, stopped, or standing on the
   shoulder of a parkway or a controlled-access highway
 
   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, the section heading as  amended  and
 subdivision  (c) as added by chapter 97 of the laws of 2016, subdivision
 (a) as amended by chapter 248 of the laws of 2013, and  subdivision  (b)
 as  amended  by  chapter  504 of the laws of 2022, 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  a  blue or green light OR CERTAIN OTHER MOTOR VEHICLES.  (a)
 Every operator 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  emergency  vehicle is displaying one or more red or combina-
 tion red and white 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 vehi-
 cles on parkways or controlled access  highways,  such  due  care  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03232-05-3
 S. 5129--A                          2
 
 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, 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 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  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 or, if such hazard vehicle is designed  for  the
 towing or pushing of disabled vehicles such hazard vehicle is displaying
 one  or  more  amber  lights or one or more blue or combination blue and
 amber lights pursuant to the provisions of paragraph three  or  subpara-
 graph  b-1 of paragraph four, as applicable, of subdivision forty-one of
 section three hundred seventy-five of this chapter or,  if  such  hazard
 vehicle  owned  and  operated by the state or by a county, city, town or
 village is designed for the removal of ice and snow such hazard  vehicle
 is  displaying one or more amber lights or one or more green or combina-
 tion green and amber lights pursuant  to  the  provisions  of  paragraph
 three  or subparagraph (c) of paragraph five, as applicable, of subdivi-
 sion forty-one of section three hundred seventy-five  of  this  chapter.
 For  operators  of motor vehicles on parkways or controlled access high-
 ways, such due care shall include, but not be limited to, moving from  a
 lane which contains or is immediately adjacent to the shoulder where (i)
 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  or  (ii)  such  hazard vehicle
 designed for the towing or pushing of disabled vehicles  displaying  one
 or  more  amber lights or one or more blue or combination blue and amber
 lights pursuant to the provisions of paragraph three or subparagraph b-1
 of paragraph four, as applicable, of subdivision  forty-one  of  section
 three  hundred seventy-five of this chapter or (iii) such hazard vehicle
 owned and operated by the state or by a county, city, town or village is
 displaying one or more amber lights or one or more green or  combination
 green  and amber lights pursuant to the provisions of paragraph three or
 subparagraph (c)  of  paragraph  five,  as  applicable,  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-
 S. 5129--A                          3
 
 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 ON A  PARKWAY  AND  ON  A  CONT-
 ROLLED-ACCESS  HIGHWAY SHALL EXERCISE DUE CARE TO AVOID COLLIDING WITH A
 MOTOR VEHICLE WHICH IS PARKED, STOPPED OR STANDING ON  THE  SHOULDER  OR
 ANY  PORTION  OF  SUCH  PARKWAY  OR  CONTROLLED-ACCESS  HIGHWAY. FOR THE
 PURPOSES OF THIS SUBDIVISION, 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 MOTOR VEHICLE 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.