Senate Bill S685

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

                                   685

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by  Sen.  LARKIN -- 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  tow  truck
  operator safety

  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 1212-a to read as follows:
  S  1212-A. TOW TRUCK OPERATOR SAFETY.  EVERY OPERATOR OF A MOTOR VEHI-
CLE SHALL EXERCISE DUE CARE TO AVOID COLLIDING WITH A TOW TRUCK OR OPER-
ATOR THEREOF WHICH: (A) IS PARKED, STOPPED OR STANDING ON  THE  SHOULDER
OR  ANY  PORTION  OF  A PUBLIC HIGHWAY, (B) IS DISPLAYING AN AMBER LIGHT
PURSUANT TO PARAGRAPH THREE OF SUBDIVISION FORTY-ONE  OF  SECTION  THREE
HUNDRED SEVENTY-FIVE OF THIS CHAPTER, AND (C) IS ASSISTING, SERVICING OR
LOADING  A  DISABLED,  ILLEGALLY PARKED OR ABANDONED MOTOR VEHICLE, OR A
MOTOR VEHICLE INVOLVED IN AN ACCIDENT.  FOR OPERATORS OF MOTOR  VEHICLES
ON  PARKWAYS OR CONTROLLED ACCESS HIGHWAYS, SUCH DUE CARE SHALL INCLUDE,
BUT NOT BE LIMITED TO, SLOWING THE SPEED OF SUCH VEHICLE OR MOVING  FROM
A  LANE  WHICH CONTAINS OR IS IMMEDIATELY ADJACENT TO THE SHOULDER WHERE
SUCH TOW TRUCK 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 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 FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT  FOR  NOT
MORE  THAN  THIRTY  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 SEVEN HUNDRED DOLLARS NOR MORE THAN NINE HUNDRED  DOLLARS,  OR
BY  IMPRISONMENT  FOR  NOT MORE THAN ONE HUNDRED TWENTY DAYS, OR BY BOTH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05304-01-9
              

S. 685                              2

SUCH FINE AND IMPRISONMENT; 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  ONE  THOUSAND
DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS, OR BY IMPRISON-
MENT FOR NOT MORE THAN ONE HUNDRED EIGHTY DAYS, OR BY BOTH SUCH FINE AND
IMPRISONMENT.  UPON  A  CONVICTION  OF  A  THIRD VIOLATION, ALL OF WHICH
VIOLATIONS WERE COMMITTED WITHIN A PERIOD  OF  THREE  YEARS,  THE  COURT
SHALL SUSPEND SUCH PERSON'S OPERATOR'S LICENSE OR PRIVILEGE OF OBTAINING
A LICENSE FOR A PERIOD OF SIX MONTHS.
  S 2. The commissioner of motor vehicles  shall make operators of motor
vehicles  in  this  state aware of the requirements of section 1212-a of
the vehicle and traffic law, as added by section one of this act.
  S 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the one hundred eightieth day after  it
shall have become a law.