BILL NUMBER:A9995
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 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
S T A T E O F N E W Y O R K
________________________________________________________________________
9995
I N A S S E M B L Y
February 23, 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 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.
LBD11668-01-9
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