NY State Senate Bill 2009-S2880

Senate Bill S2880

2009-2010 Legislative Session

Provides standards of care to safely approach a hazard vehicle parked, stopped or standing on the shoulder of a highway

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Mar 05, 2009	referred to transportation

2009-S2880 (ACTIVE) - Details

See Assembly Version of this Bill:: A1691
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1132, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S2769, A177

2009-S2880 (ACTIVE) - Summary

Provides standards of care to safely approach a hazard vehicle parked, stopped or standing on the shoulder of a highway.

2009-S2880 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2880

 TITLE OF BILL :
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


 PURPOSE :
This measure would mandate all drivers of motor vehicles to exercise
due caution when approaching, overtaking or passing any hazardous
vehicle, as defined in Section 117-a of the Vehicle and Traffic Law,
on all roadways in New York State. The law specifically mandates
drivers traveling on controlled access highways to move over to the
adjacent lane when approaching or passing a hazardous vehicle.

 SUMMARY OF PROVISIONS :
Section 1132 of the Vehicle and Traffic Law would be added,
notwithstanding the provisions of any other law to the contrary, by
making it a violation for an operator of a motor vehicle not to take
cautionary steps to avoid a collision with a hazardous vehicle. This
section includes move-over language when referring to controlled
access highways as defined in Section 3, Subsection 2 of the Vehicle
and Traffic Law.

 EXISTING LAW :

Current statutory provisions do not require that drivers traveling on
controlled access highways to move over to the adjacent lane when
approaching or passing a hazardous vehicle.

 JUSTIFICATION :
If signed into law, this bill would provide a measure of safety for a
hazard vehicle from adjacent traffic on all New York State roadways
when performing a work-related duty, such as recovering a stranded or
broken down automobile, any snow removal operation, highway
construction or maintenance, etc. These work-related operations place
men and women in great danger due to an increasing number of
automobiles traveling at high speeds or lack of visibility. There have
been many deaths and severe injuries caused by automobile operators
not taking the precautionary steps to slow down or move out of the way
of these hazardous vehicles while performing official duties. This
legislation is not a definition of a "hazardous vehicle" but rather a
statutory endeavor that will govern common sense on New York roadways.

 LEGISLATIVE HISTORY :

2007/2008: S.480 - PASSED SENATE
2005/2006: S.268A - PASSED SENATE
2004:      S.6600A - PASSED SENATE

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall become law.

2009-S2880 (ACTIVE) - Bill Text download pdf

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

                                  2880

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 5, 2009
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed 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

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