Senate Bill S6297

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

                                  6297

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by  Sen.  BALL  --  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  vehicles  when  approaching  a  parked,  stopped or standing
  authorized emergency or hazard vehicle, or volunteer first responder

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 1144-a of the vehicle and traffic law, as amended
by chapter 458 of the laws of 2011, subdivision (a) as amended by  chap-
ter 248 of the laws of 2013, is amended to read as follows:
  S  1144-a. Operation of vehicles when approaching a parked, stopped or
standing authorized emergency [vehicle] or hazard vehicle, OR  VOLUNTEER
FIRST  RESPONDER.   (a) Every operator of a motor vehicle shall exercise
due care to avoid colliding with [an authorized] A DESIGNATED  emergency
vehicle  which  is  parked,  stopped or standing on the shoulder, TRAVEL
LANES or any portion of [such] A PUBLIC  highway  and  such  [authorized
emergency]  DESIGNATED vehicle is displaying one or more red or combina-
tion red and  white,  AMBER,  BLUE  OR  GREEN  lights  pursuant  to  the
provisions  of  paragraph two, THREE, FOUR OR FIVE of subdivision forty-
one of section  three  hundred  seventy-five  of  this  chapter  [or  is
displaying  one  or  more  blue, combination blue and red or combination
blue, red and white lights pursuant to the provisions of subparagraph  b
of  paragraph  four  of  subdivision  forty-one of section three hundred
seventy-five of this chapter]. For operators of motor vehicles on  park-
ways, PUBLIC HIGHWAYS 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  OR  LANE  where  such  [authorized
emergency]  DESIGNATED vehicle displaying one or more red, blue or white
or any combination of red and white, AMBER, BLUE  OR  GREEN  lights  [or
blue  or  combination  blue  and  red or combination blue, red and white
lights] pursuant to the provisions of paragraph two [or  subparagraph  b
of  paragraph],  THREE,  four[,  as  applicable]  OR FIVE of subdivision
forty-one of section three  hundred  seventy-five  of  this  chapter  is
parked,  stopped  or standing to another lane, provided [that such move-

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

                                                           LBD13477-01-4

S. 6297                             2

ment 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] A DRIVER
REQUIRED  TO  MOVE FROM A LANE PURSUANT TO THIS SECTION SHOULD, WHEREVER
POSSIBLE, COMPLY WITH THE PROVISIONS OF THIS CHAPTER, BUT IN  THE  EVENT
SUCH  COMPLIANCE WOULD PREVENT A DRIVER FROM MOVING TO ANOTHER LANE, THE
DRIVER MAY DISREGARD ANY PROHIBITIVE LANE MARKINGS  OR  TRAFFIC  CONTROL
DEVICES  AS  AN EMERGENCY MEASURE INTENDED TO PREVENT AN IMMINENT COLLI-
SION. SUCH EMERGENCY MEASURE MAY ONLY BE UTILIZED  WHEN  THE  DRIVER  IS
ABLE TO MOVE FROM THE DRIVER'S LANE SAFELY. IN THE EVENT THAT CONDITIONS
PREVENT A DRIVER FROM MOVING TO ANOTHER LANE SAFELY, THE DRIVER SHALL BE
REQUIRED  TO REDUCE THE SPEED OF THE DRIVER'S VEHICLE TO A SPEED THAT IS
REASONABLE AND PRUDENT UNDER THE CONDITIONS AND  HAVING  REGARD  TO  THE
ACTUAL  AND POTENTIAL HAZARDS THEN EXISTING PURSUANT TO PARAGRAPH (A) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS TITLE.
  (b) [Every operator of a motor vehicle  shall  exercise  due  care  to
avoid colliding with a hazard vehicle which is parked, stopped or stand-
ing  on  the  shoulder or on any portion of such highway and such hazard
vehicle  is  displaying  one  or  more  amber  lights  pursuant  to  the
provisions  of paragraph three 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 hazard vehicle displaying one or
more amber lights pursuant to  the  provisions  of  paragraph  three  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 and eleven hundred twenty-eight  of  this  title.]  ANY  PERSON  WHO
VIOLATES  SUBDIVISION  (A)  OF  THIS SECTION AND WHO ENGAGES IN RECKLESS
DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND
CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON SHALL BE  GUILTY  OF  A
CLASS E FELONY.
  (C)  ANY  PERSON  WHO VIOLATES SUBDIVISION (A) OF THIS SECTION AND WHO
ENGAGES IN RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED  TWELVE
OF THIS CHAPTER, AND CAUSES THE DEATH OF ANOTHER PERSON SHALL  BE GUILTY
OF A CLASS D FELONY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.