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.

                            
                    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.