S T A T E O F N E W Y O R K
________________________________________________________________________
10280
I N A S S E M B L Y
May 17, 2012
___________
Introduced by M. of A. ZEBROWSKI, GUNTHER, GALEF, McDONOUGH, PERRY,
MAISEL, REILLY, ABBATE, SCARBOROUGH, KEARNS, BRONSON, WEPRIN, BARRETT,
WALTER, SCHIMMINGER, CLARK, TITUS, P. RIVERA, RA, BURLING, FINCH,
CRESPO, MARKEY -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND,
BRENNAN, HAWLEY, HOOPER, McLAUGHLIN, SWEENEY, WEISENBERG -- read once
and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
drivers to move from a lane which contains or is immediately adjacent
to the shoulder where a vehicle displaying an emergency condition is
parked, stopped or standing to another lane
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 159-a to read as follows:
S 159-A. VEHICLE IN DISTRESS. A VEHICLE WHICH IS PARKED, STOPPED, OR
STANDING ON THE SHOULDER OF A HIGHWAY, INTERSTATE, PARKWAY, OR ROAD THAT
IS EXPERIENCING AN EMERGENCY CONDITION. A VEHICLE IN DISTRESS THAT MAY
BE IDENTIFIED BY SEVERAL FEATURES INCLUDING BUT NOT LIMITED TO FLASHING
AMBER HAZARD WARNING LIGHTS, OPEN HOOD, ROAD FLARES, ORANGE REFLECTIVE
TRIANGLE, WHITE FLAG IN THE WINDOW, FLAT TIRE, LEAKING FLUIDS, OR ABNOR-
MAL SMOKE COMING FROM THE VEHICLE.
S 2. Section 1144-a of the vehicle and traffic law is amended by
adding a new subdivision (c) to read as follows:
(C) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
ING ON THE SHOULDER OF A HIGHWAY AND DISPLAYING AN EMERGENCY CONDITION
INCLUDING BUT NOT LIMITED TO AMBER HAZARD WARNING LIGHTS, ROAD FLARES,
WHITE FLAG IN WINDOW, OR REFLECTIVE HAZARD TRIANGLE. FOR OPERATORS OF
MOTOR VEHICLES ON PARKWAYS OR CONTROLLED ACCESS HIGHWAYS, SUCH DUE CARE
SHALL INCLUDE, BUT NOT LIMITED TO, MOVING FROM A LANE WHICH CONTAINS OR
IS IMMEDIATELY ADJACENT TO THE SHOULDER WHERE SUCH A VEHICLE IS DISPLAY-
ING AN EMERGENCY CONDITION IS PARKED, STOPPED OR STANDING TO ANOTHER
LANE, PROVIDED THAT SUCH MOVEMENT OTHERWISE COMPLIES WITH THE REQUIRE-
MENTS OF THIS CHAPTER INCLUDING, BUT NOT LIMITED TO, THE PROVISIONS OF
SECTIONS ELEVEN HUNDRED TEN AND ELEVEN HUNDRED TWENTY-EIGHT OF THIS
TITLE.
S 3. This act shall take effect immediately.
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