Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 04, 2010 |
referred to transportation |
Assembly Bill A10097
2009-2010 Legislative Session
Sponsored By
GANTT
Archive: Last Bill Status - In Assembly 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
Actions
2009-A10097 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6476
- Current Committee:
- Assembly Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd ยงยง600 & 1200, V & T L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1296, S1350
2013-2014: A1415, S394
2015-2016: A587, S1242
2017-2018: A918, S4182
2019-2020: A2191
2009-A10097 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10097 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to removing vehicles from traffic following an accident 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 vehi- cle 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 acci- dents 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
2009-A10097 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10097 I N A S S E M B L Y March 4, 2010 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to removing vehicles from traffic following an accident THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 600 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows: 3. REMOVAL OF A VEHICLE. A PERSON WHO MOVES A VEHICLE IN A MANNER CONSISTENT WITH SUBDIVISION (E) OF SECTION TWELVE HUNDRED OF THIS CHAP- TER AND WHO REMAINS IN THE IMMEDIATE VICINITY OF AN ACCIDENT SHALL NOT BE CONSTRUED TO BE IN VIOLATION OF THIS SECTION BECAUSE OF SUCH MOVE- MENT. S 2. Section 1200 of the vehicle and traffic law is amended by adding a new subdivision (e) to read as follows: (E) WHENEVER A VEHICLE IS INVOLVED IN AN ACCIDENT INVOLVING NO PERSONAL INJURY OR DEATH, THE DRIVER OF ANY INVOLVED VEHICLE SHALL IMME- DIATELY MOVE OR CAUSE REMOVAL OF THE VEHICLE FROM THE TRAVEL LANE TO A SAFE LOCATION ALONG THE HIGHWAY IN THE IMMEDIATE VICINITY OF THE INCI- DENT, PROVIDED THAT THE VEHICLE IS OPERABLE AND THE MOVEMENT OF THE VEHICLE CAN BE DONE SAFELY. MOVEMENT CONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO IMPLY THAT NO INJURY HAS OCCURRED NOR SHALL THE DRIVER BE CONSIDERED LIABLE OR AT FAULT REGARDING THE CAUSE OF THE ACCIDENT SOLELY BY MOVING OR CAUSING THE REMOVAL OF THE VEHICLE. MOVING A VEHICLE CONSISTENT WITH THIS SUBDIVISION SHALL NOT RELIEVE AN INVESTIGATING POLICE OFFICER FROM THE OBLIGATION TO FILE A REPORT OTHERWISE REQUIRED. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE OTHERWISE UNQUALIFIED PERSONS TO CLEAR OR REMOVE HAZARDOUS MATERIALS FROM THE HIGHWAY OR TO MOVE VEHICLES WHICH ARE TRANSPORTING HAZARDOUS MATERIALS IN A MANNER INCONSISTENT WITH APPLICA- BLE LAW. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15494-01-0
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