NY State Senate Bill S4647B

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (19)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.387
Aug 03, 2010	delivered to governor
Jun 29, 2010	returned to senate passed assembly ordered to third reading rules cal.426 substituted for a5292b
Jun 16, 2010	referred to codes delivered to assembly passed senate ordered to third reading cal.976
Jun 14, 2010	committee discharged and committed to rules
May 25, 2010	reported and committed to codes
May 18, 2010	print number 4647b
May 18, 2010	amend and recommit to transportation
Jan 06, 2010	referred to transportation
Jun 02, 2009	reported and committed to codes
May 28, 2009	print number 4647a
May 28, 2009	amend and recommit to transportation
Apr 27, 2009	referred to transportation

Votes

view votes

Jun 16, 2010 - floor Vote

S4647B

floor

Aye

Nay

Absent

Excused

Abstained

Jun 16, 2010 - Rules committee Vote

S4647B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 25, 2010 - Transportation committee Vote

S4647B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S4647 - Details

See Assembly Version of this Bill:: A5292
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, add §1144-a, V & T L

S4647 - Summary

Enacts the "Ambrose-Searles move over act" which requires every operator of a motor vehicle to exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of a highway; sets forth standard of due care.

S4647 - Sponsor Memo

 BILL NUMBER:  S4647

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to enacting the "Ambrose-Searles move over act"

 PURPOSE OR GENERAL IDEA OF BILL :
To protect law enforcement and emergency workers by requiring
motorists to "move over" or "slow down" when approaching a parked
authorized emergency vehicle with emergency lights flashing.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 is the short title, the "Ambrose-Searles Move Over Act."

Section 2 requires the commissioner of motor vehicles to include an
explanation of the requirements for overtaking a parked authorized
emergency vehicle in the driver's manual given to all learner's permit
applicants.

Section 3 requires applicants taking a driver's license test to be
questioned on the requirements for overtaking a parked authorized
emergency vehicle.

Section 4 describes actions drivers must take prior to and upon
overtaking an authorized emergency vehicle parked on a highway when
such vehicle's emergency lights are flashing. Provides penalties.

Section 5 allows the commissioner of motor vehicles to establish and
implement an educational program designed to inform operators of motor
vehicles as to the provisions of the "Move Over Act".

 JUSTIFICATION :
Thousands of law enforcement and emergency workers risk their lives
every day to protect the citizens of New York State. State law must
address improving officer's and emergency personnel safety. At least 5
other states have enacted similar legislation to protect police and
emergency vehicles from motorists who have crashed their vehicles into
police and emergency vehicles that were parked on highways or roadways
in the performance of their duties. This bill would require motorists
to "move over" or "slow down" when their vehicle is approaching an
authorized emergency vehicle when its emergency lights are flashing
that is parked on a highway or roadway in New York State.

On March 11, 2003, the New York State Senate Committee on
Investigations conducted the first ever government public hearing in
the nation probing the safety of the Ford Motor Company's Crown
Victoria Police Interceptor (CVPI). This investigation was prompted by
the horrific death of New York State Trooper Robert Ambrose. Ambrose
was fatally injured during a routine traffic stop on the New York
State Thruway in Yonkers, New York on December 23, 2002. Trooper
Ambrose's CVPI was rear-ended by an intoxicated driver of a sports
utility vehicle at a speed in excess of 80 miles per hour. Upon
impact, his patrol car burst into flames.  Ambrose was burned alive
inside his vehicle. In addition to Trooper Ambrose, two civilians died
in the accident.

On November 29, 2003, Onondaga County Deputy Sheriff Glenn M. Searles
was assisting a motorist whose vehicle had gone off the highway when a
second car lost control and struck Deputy Searles, pinning him against
his patrol car. Deputy Searles died from his injuries, tragically
illustrating the great risk faced by our emergency responders who are
called on to serve in hazardous conditions. The presence of a police
or other emergency vehicle signals to a motorist not only a potential
dangerous situation, but also that professional and volunteer
emergency work may be under way. This legislation honors the memory of
Trooper Ambrose and Deputy Searles and others lost while serving the
public by educating motorists on the need to use due care.
 LEGISLATIVE HISTORY :
2003-2004, S.1390 Passed Senate, A.6164 Reported to Codes.
2005-2006: A.2403C Reported to Ways and Means
2007-2008: A.6499 reported to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately, except sections 2 and 3 shall take effect September 1,
2007, 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. Section 4
shall take effect January 1, 2008.

S4647 - Bill Text download pdf

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

                                  4647

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. STACHOWSKI, DILAN -- 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 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.
                                                           LBD05512-02-9

S. 4647                             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.
  S 5. The commissioner of motor vehicles  shall establish and implement
an educational program designed to inform operators of motor vehicles in

S. 4647                             3

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.

Co-Sponsors

S4647A - Details

See Assembly Version of this Bill:: A5292
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, add §1144-a, V & T L

S4647A - Summary

S4647A - Sponsor Memo

 BILL NUMBER:  S4647A         REVISED 06/01/09

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to enacting
the "Ambrose-Searles move over act"


 PURPOSE OR GENERAL IDEA OF BILL :

To protect law enforcement and emergency workers by requiring
motorists to "move over" or "slow down" when approaching a parked
authorized emergency vehicle with emergency lights flashing.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 is the short title, the "Ambrose-Searles Move Over Act."

Section 2 requires the commissioner of motor vehicles to include an
explanation of the requirements for overtaking a parked authorized
emergency vehicle in the driver's manual given to all learner's permit
applicants.

Section 3 requires applicants taking a driver's license test to be
questioned on the requirements for overtaking a parked authorized
emergency vehicle.

Section 4 describes actions drivers must take prior to and upon
overtaking an authorized emergency vehicle parked on a highway when
such vehicle's emergency lights are flashing.

Section 5 is stricken since it was, in essence, identical to Section
3.

 JUSTIFICATION :

Thousands of law enforcement and emergency workers risk their lives
every day to protect the citizens of New York State. State law must
address improving officer's and emergency personnel safety. At least 5
other states have enacted similar legislation to protect police and
emergency vehicles from motorists who have crashed their vehicles into
police and emergency vehicles that were parked on highways or roadways
in the performance of their duties. This bill would require motorists
to "move over" or "slow down" when their vehicle is approaching an
authorized emergency vehicle when its emergency lights are flashing
that is parked on a highway or roadway in New York State.

On March 11, 2003, the New York State Senate Committee on
Investigations conducted the first ever government public hearing in
the nation probing the safety of the Ford Motor Company's Crown
Victoria Police Interceptor (CVPI). This investigation was prompted by
the horrific death of New York State Trooper Robert Ambrose.  Ambrose
was fatally injured during a routine traffic stop on the New York
State Thruway in Yonkers, New York on December 23,2002. Trooper
Ambrose's CVPI was rear-ended by an intoxicated driver of a sports
utility vehicle at a speed in excess of 80 miles per hour. Upon
impact, his patrol car burst into flames. Ambrose was burned alive
inside his vehicle. In addition to Trooper Ambrose, two civilians died
in the accident.

On November 29, 2003, Onondaga County Deputy Sheriff Glenn M. Searles
was assisting a motorist whose vehicle had gone off the highway when a
second car lost control and struck Deputy Searles, pinning him against
his patrol car. Deputy Searles died from his injuries, tragically
illustrating the great risk faced by our emergency responders who are
called on to serve in hazardous conditions. The presence of a police
or other emergency vehicle signals to a motorist not only a potential
dangerous situation, but also that professional and volunteer
emergency work may be under way.

This legislation honors the memory of Trooper Ambrose and Deputy
Searles and others lost while serving the public by educating
motorists on the need to use due care.

 LEGISLATIVE HISTORY :

2003-2004, S.1390 Passed Senate, A.6164 Reported to Codes.
2005-2006: A.2403C Reported to Ways and Means
2007-2008: A.6499 reported to Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately, except sections 2 and 3 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. Section 4
shall take effect January 1, 2010.

S4647A - Bill Text download pdf

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

                                 4647--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced by Sens. STACHOWSKI, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05512-03-9

S. 4647--A                          2

  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:
  (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.

S. 4647--A                          3

  S 5. 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.

Co-Sponsors

S4647B (ACTIVE) - Details

See Assembly Version of this Bill:: A5292
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, add §1144-a, V & T L

S4647B (ACTIVE) - Summary

S4647B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4647B

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to enacting
the "Ambrose-Searles move over act"


 PURPOSE OR GENERAL IDEA OF BILL :

To protect law enforcement and emergency workers by requiring
motorists to "move over" or "slow down" when approaching a parked
authorized emergency vehicle with emergency lights flashing.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 is the short title, the "Ambrose-Searles Move Over Act."

Section 2 requires the commissioner of motor vehicles to include an
explanation of the requirements for overtaking a parked authorized
emergency vehicle in the driver's manual given to all learner's permit
applicants.

Section 3 requires applicants taking a driver's license test to be
questioned on the requirements for overtaking a parked authorized
emergency vehicle.

Section 4 describes actions drivers must take prior to and upon
overtaking an authorized emergency vehicle parked on a highway when
such vehicle's emergency lights are flashing.

 JUSTIFICATION :

Thousands of law enforcement and emergency workers risk their lives
every day to protect the citizens of New York State. New York must
join other states that have enacted similar legislation to protect
from harm from passing motorists those police and emergency workers
that must stop on roadways in the performance of their duties. This
bill would require motorists to "move over" or "slow down" when their
vehicle is approaching an authorized emergency vehicle when its
emergency lights are flashing when parked on a highway or roadway in
New York State.

This legislation honors the memory of two police officers, New York
State Trooper Robert Ambrose and Onondaga County Deputy Sheriff Glenn
M. Searles, as well as others who have tragically lost their lives on
the highways while serving the public.

On December 23, 2002 New York State Trooper Robert Ambrose was fatally
injured during a routine traffic stop on the New York State Thruway in
Yonkers. Trooper Ambrose's vehicle was rear-ended by an intoxicated
driver of a sports utility vehicle at a speed in excess of 80 miles
per hour. Upon impact, his patrol car burst into flames. Ambrose was
burned alive inside his vehicle.

On November 29, 2003, Onondaga County Deputy Sheriff Glenn M. Searles
was assisting a motorist whose vehicle had gone off the highway when a
second car lost control and struck Deputy Searles, pinning him against
his patrol car. Deputy Searles died from his injuries.

 LEGISLATIVE HISTORY :

2003-2004: S.1390 Passed Senate, A.6164 Reported to Codes.
2005-2006: A.2403C Reported to Ways and Means
2007-2008: A.6499 Reported to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately, except sections 2 and 3 shall take effect September 1,
2010, 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. Section 4
shall take effect January 1, 2011.

S4647B (ACTIVE) - Bill Text download pdf

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

                                 4647--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sens.  STACHOWSKI,  DILAN,  C. JOHNSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the  Committee on Transportation in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05512-05-0

S. 4647--B                          2

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:
  (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

S. 4647--B                          3

PROVISIONS  OF  SECTIONS  ELEVEN  HUNDRED  TEN  OF THIS TITLE AND ELEVEN
HUNDRED TWENTY-EIGHT OF THIS TITLE.
  S 5. This act shall take effect immediately, provided that:
  (a)  sections two and three of this act shall take effect September 1,
2010, 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, 2011.

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The New York State Senate

senate Bill S4647B

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Archive: Last Bill Status - Signed by Governor

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Jun 16, 2010 - floor Vote

Floor Vote: Jun 16, 2010

Jun 16, 2010 - Rules committee Vote

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May 25, 2010 - Transportation committee Vote

Transportation Committee Vote: May 25, 2010

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S4647 - Bill Text download pdf

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S4647A - Details

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senate Bill S4647B

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Sponsored By

William T. Stachowski

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 16, 2010 - floor Vote

Floor Vote: Jun 16, 2010

Jun 16, 2010 - Rules committee Vote

Rules Committee Vote: Jun 16, 2010

May 25, 2010 - Transportation committee Vote

Transportation Committee Vote: May 25, 2010

Bill Amendments

Co-Sponsors

Martin Malavé Dilan

S4647 - Details

S4647 - Summary

S4647 - Sponsor Memo

S4647 - Bill Text download pdf

Co-Sponsors

Martin Malavé Dilan

S4647A - Details

S4647A - Summary

S4647A - Sponsor Memo

S4647A - Bill Text download pdf

Co-Sponsors

Martin Malavé Dilan

S4647B (ACTIVE) - Details

S4647B (ACTIVE) - Summary

S4647B (ACTIVE) - Sponsor Memo

S4647B (ACTIVE) - Bill Text download pdf

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