Assembly Actions -
Senate Actions - UPPERCASE
|Mar 13, 2012
reported and committed to finance
|Jan 04, 2012
referred to transportation
|Jun 15, 2011
committee discharged and committed to rules
|Apr 04, 2011
referred to transportation
Senate Bill S4417
2011-2012 Legislative Session
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S4417 (ACTIVE) - Details
2011-S4417 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4417 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the operation of authorized emergency vehicles PURPOSE OF BILL: This bill would overturn the Court of Appeals' recent holding in Kabir v. County of Monroe,__ N.Y.3d__ (February 17, 2011), in which the Court interpreted Vehicle and Traffic Law (VTL) § 1104(e) in a manner that reduces the protections for emergency vehicle operators engaged in emergency operations from certain lawsuits brought as a result of accidents involving their vehicles. SUMMARY OF PROVISIONS: Section 1 of the bill would amend VTL § 1104(e) to clarify that the actions of an emergency vehicle operator who is involved in an accident during an emergency operation is to be judged by the standard of recklessness.
2011-S4417 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4417 2011-2012 Regular Sessions I N S E N A T E April 4, 2011 ___________ Introduced by Sen. MARTINS -- (at request of the Division of State Police) -- 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 the opera- tion of authorized emergency vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (e) of section 1104 of the vehicle and traffic law, as relettered by chapter 336 of the laws of 1968, is amended to read as follows: (e) [The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others] IN ADDITION TO THE IMMUNITY FROM PROSECUTION PROVIDED FOR IN SUBDIVISION (B) OF THIS SECTION, NO CAUSE OF ACTION MAY BE BROUGHT FOR DAMAGES AS A RESULT OF THE OPERATION OF AN EMERGENCY VEHICLE WHEN THE OPERATOR OF SUCH VEHICLE WAS ENGAGED IN EMERGENCY OPERATION AT THE TIME, PROVIDED THAT THE OPERATOR WHO WAS ENGAGED IN SUCH EMERGENCY OPERATION WAS NOT ACTING WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09797-01-1
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.