S T A T E O F N E W Y O R K
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3210
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
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Introduced by M. of A. CHRISTENSEN -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enacting the
"Ambrose-Searles move over act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Ambrose-Searles move over act".
S 2. Subdivision 3 of section 502 of the vehicle and traffic law, as
amended by chapter 692 of the laws of 1985, is amended to read as
follows:
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while intoxicated, THE LAW
FOR EXERCISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR
STANDING AUTHORIZED EMERGENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS CHAPTER, explanations of traffic signs and symbols
and such other matters as the commissioner may prescribe.
S 3. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 585 of the laws of
2002, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05512-01-9
A. 3210 2
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, THE LAW RELATING TO EXER-
CISING DUE CARE TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING
AUTHORIZED EMERGENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED
FORTY-FOUR-A OF THIS CHAPTER, the ability to read and comprehend traffic
signs and symbols and such other matters as the commissioner may
prescribe, and to satisfactorily complete a course prescribed by the
commissioner of not less than four hours and not more than five hours,
consisting of classroom driver training and highway safety instruction
or the equivalent thereof. Such test shall include at least seven writ-
ten questions concerning the effects of consumption of alcohol or drugs
on the ability of a person to operate a motor vehicle and the legal and
financial consequences resulting from violations of section eleven
hundred ninety-two of this chapter, prohibiting the operation of a motor
vehicle while under the influence of alcohol or drugs. Such test shall
include one or more written questions concerning the devastating effects
of "Road Rage" on the ability of a person to operate a motor vehicle and
the legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another person legally
using the roadway. Such test shall include one or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone. SUCH TEST MAY
INCLUDE ONE OR MORE QUESTIONS CONCERNING THE LAW FOR EXERCISING DUE CARE
TO AVOID COLLIDING WITH A PARKED, STOPPED OR STANDING AUTHORIZED EMER-
GENCY VEHICLE PURSUANT TO SECTION ELEVEN HUNDRED FORTY-FOUR-A OF THIS
CHAPTER. Such test shall be administered by the commissioner. The
commissioner shall cause the applicant to take a vision test and a test
for color blindness. Upon passage of the vision test, the application
may be accepted and the application fee shall be payable.
S 4. The vehicle and traffic law is amended by adding a new section
1144-a to read as follows:
S 1144-A. OPERATION OF VEHICLES WHEN APPROACHING A PARKED, STOPPED OR
STANDING AUTHORIZED EMERGENCY VEHICLE. EVERY OPERATOR OF A MOTOR VEHICLE
SHALL EXERCISE DUE CARE TO AVOID COLLIDING WITH AN AUTHORIZED EMERGENCY
VEHICLE WHICH IS PARKED, STOPPED OR STANDING ON THE SHOULDER OR ANY
PORTION OF SUCH HIGHWAY AND SUCH AUTHORIZED EMERGENCY VEHICLE IS
DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS PURSUANT
TO THE PROVISIONS OF PARAGRAPH TWO 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 AUTHORIZED EMERGENCY
VEHICLE DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS
PURSUANT TO THE PROVISIONS OF PARAGRAPH TWO 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 TITLE. EVERY PERSON CONVICTED OF A
VIOLATION OF THIS SECTION SHALL: FOR A FIRST CONVICTION THEREOF, BE
PUNISHED BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE
THAN FOUR HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
A. 3210 3
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF THREE YEARS,
SUCH PERSON SHALL BE PUNISHED BY A FINE OF NOT LESS THAN SIX HUNDRED
DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR
NOT MORE THAN ONE HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISON-
MENT; UPON A CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH
WERE COMMITTED WITHIN A PERIOD OF THREE YEARS, SUCH PERSON SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE
THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE
HUNDRED EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
S 5. The commissioner of motor vehicles shall establish and implement
an educational program designed to inform operators of motor vehicles in
this state of the requirements of section 1144-a of the vehicle and
traffic law, as added by section four of this act.
S 6. This act shall take effect immediately, provided that:
(a) sections two and three of this act shall take effect September 1,
2009, except that the promulgation of any rules and regulations, and the
taking of any other actions necessary to implement the provisions of
such sections of this act are authorized and directed to be made on or
before the effective date of such sections of this act; and
(b) section four of this act shall take effect January 1, 2010.