S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1691

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M. of A. CAHILL, CYMBROWITZ, ORTIZ -- Multi-Sponsored by
  -- M. of A. COLTON, GUNTHER, JOHN, KOON, McENENY, TOWNS --  read  once
  and referred to the Committee on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to approaching
  a parked, stopped or standing hazard vehicle  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 1132 to read as follows:
  S  1132.  OPERATION  OF VEHICLES WHEN APPROACHING A PARKED, STOPPED OR
STANDING HAZARD VEHICLE. EVERY OPERATOR OF A MOTOR VEHICLE  SHALL  EXER-
CISE  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 SEVENTY-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 DISPLAY-
ING 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 OF THIS TITLE AND ELEVEN HUNDRED TWENTY-EIGHT OF THIS  ARTI-
CLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment,  and/or repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00576-01-9