Assembly Bill A9823

                                BILL NUMBER:A9823                REVISED 4/12/10

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to roadway lane markings

PURPOSE  OR  GENERAL IDEA OF BILL:  To amend the Vehicle and Traffic Law
to clarify which roadway official traffic control devices  prohibit  the
changing of travel lanes in the same direction.

SUMMARY  OF  SPECIFIC PROVISIONS:  Section 1 of the bill amends subdivi-
sion (d) of section 1128 of the Vehicle and Traffic Law to provide  that
when  official traffic control devices are installed on roadways prohib-
iting the changing of lanes, drivers shall obey the direction  of  every
such device, provided that for the purpose of this subdivision, official
traffic  control devices are designated by a two normal solid while line
pavement marking or a sign.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:  The current Vehicle and Traffic Law §  1128(d)  provides
that  when  official  markings are in place indicating those portions of
any roadway where crossing such markings would be especially  hazardous,
no  driver  shall drive across such marking. The original intent of this
section was as a no lane change provision to law with the  determination
of  what is especially hazardous to be made by the DOT (for state roads)
or local legislative body (for  local  roads).    However,  the  current
              

language  is  vague  and  police  officers  have  issued  tickets  for a
violation of section 1128(d)  to  anyone  whom  the  officer  deems  has
crossed  a  marking  such  as  the  edge line. In People v. Shulman, the
Appellate Term in the 2d Department found that the white edge line along
the side of the road does not constitute  an  "official  marking"  under
section  1128(d) (People v. Shulman, 836 N.Y.S.2d 488 (2006)). The Court
held that the crossing of a solid white  line  is  discouraged  but  not
prohibited  and  that  such  a marking does not constitute an indication
that crossing it would be especially hazardous.

In the time since Shulman was decided, the regulations have changed  and
the New York Supplement to the Federal Manual on Uniform Traffic Control
Devices (MUTCD) now provides the following:

White barrier markings are used where lane changing is legally prohibit-
ed  by  official  regulation.  An  order,  ordinance, rule or regulation
establishing specific lane prohibitions  for  a  particular  section  of
roadway is necessary for no-lane-changing markings to be "official mark-
ings"  as  referred  to  in Section 1128(d) of the Vehicle & Traffic Law
(NYCRR 17 § 3B.04).

This regulation has been interpreted to mean that in the absence  of  an
order,  ordinance,  rule,  or  regulation prohibiting it, a motorist who
drives to the right of the white  line  marking  the  beginning  of  the
shoulder  (described  in  that  case  as  the  "fog  line") could not be

convicted of violating section 1128(d) (People v. Bordeau, 873  N.Y.S.2d
513 (County Ct. .2008)).

This  bill would codify these court cases holding that the crossing of a
solid white edge line is not a violation of Vehicle and  Traffic  Law
1128(d) and, further, clarify that a violation of subdivision (d) occurs
only  if a motorist crosses roadway pavement markings when prohibited by
a sign or two normal solid white  lines.  In  this  bill,  the  language
"where  changing  lanes  is  prohibited"  is  used to be consistent with
11-309(d) of the Uniform Vehicle Code. Further, this bill is  consistent
with the Federal MUTCD Section 3B.04 providing that (a) where crossing a
lane  line marking is discouraged, the marking shall consist of a normal
solid white line, and (b) where crossing is prohibited,  the  lane  line
marking shag consist of a solid double white line.

While  this  legislation would clarify which roadway markings a motorist
cannot cross under Vehicle and Traffic Law § 1128(d), this bill  applies
only  to  subdivision  (d) where motorists are driving on roadways laned
for traffic moving in the same direction. This  bill  would  not  affect
other  Vehicle  and  Traffic  law  provisions prohibiting driving on the
shoulder or passing on the right in certain circumstances, including the
following sections: § 1131 (no  motor  vehicle  shall  be  driven  over,
across,  along, or within any shoulder or slope of any state controlled-
access highway except at a location specifically authorized  and  posted
by  the  DOT),  § 1126 (no passing zones), § 1123 (motorist may overtake
and pass another vehicle on the right only under  conditions  permitting
such  movement  in  safety),  § 1120 (a vehicle shall be driven upon the
right of the roadway except in  defined  circumstances,  including  when
travel  on  the  shoulder  or slope is permitted by section 1131), and
1160 (when travel on the shoulder or slope is authorized, a motorist may
make a right turn from such shoulder or slope).

PRIOR LEGISLATIVE HISTORY: 2007-08: Remained in committee.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None known.

EFFECTIVE DATE:  This act shall take effect immediately.