S T A T E O F N E W Y O R K
________________________________________________________________________
1935
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
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Introduced by M. of A. MORELLE, ORTIZ, CYMBROWITZ, HOYT -- Multi-Spon-
sored by -- M. of A. BENJAMIN, CHRISTENSEN, CLARK, COLTON, CUSICK,
DelMONTE, FARRELL, V. LOPEZ, MAGEE, McENENY, SCARBOROUGH, SWEENEY,
TOWNS, WEISENBERG -- read once and referred to the Committee on Trans-
portation
AN ACT to amend the vehicle and traffic law, in relation to operation of
a vehicle on approach of authorized emergency vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1144 of the vehicle and traffic law is amended by
adding two new subdivisions (c) and (d) to read as follows:
(C) UPON APPROACHING A STATIONARY AUTHORIZED EMERGENCY VEHICLE, WHEN
THE AUTHORIZED EMERGENCY VEHICLE IS GIVING A SIGNAL BY DISPLAYING ALTER-
NATELY FLASHING RED OR RED AND WHITE LIGHTS, A PERSON WHO DRIVES AN
APPROACHING VEHICLE SHALL:
(1) PROCEEDING WITH DUE CAUTION, YIELD THE RIGHT-OF-WAY BY MAKING A
LANE CHANGE INTO A LANE NOT ADJACENT TO THAT OF THE AUTHORIZED EMERGENCY
VEHICLE, IF POSSIBLE WITH DUE REGARD TO SAFETY AND TRAFFIC CONDITIONS,
IF ON A HIGHWAY HAVING AT LEAST FOUR LANES WITH NOT LESS THAN TWO LANES
PROCEEDING IN THE SAME DIRECTION AS THE APPROACHING VEHICLE; OR
(2) PROCEEDING WITH DUE CAUTION, REDUCE THE SPEED OF THE VEHICLE,
MAINTAINING A SAFE SPEED FOR ROAD CONDITIONS, IF CHANGING LANES WOULD BE
IMPOSSIBLE OR UNSAFE.
(D) A VIOLATION OF SUBDIVISION (C) OF THIS SECTION SHALL BE A TRAFFIC
INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN THREE
HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRISONMENT
FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04194-01-9