|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to transportation|
|Jun 04, 2013||reported and committed to finance|
|Jan 09, 2013||referred to transportation|
senate Bill S1175
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1175 - Details
- Current Committee:
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §1104, V & T L
- Versions Introduced in 2011-2012 Legislative Session:
S1175 - Summary
Provides that no cause of action may be brought for damages as a result of the operation of an emergency vehicle when the operator was engaged in emergency operation.
S1175 - Sponsor Memo
BILL NUMBER:S1175 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. Section 2 of the bill would provide for an immediate effective date.
S1175 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1175 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. MARTINS, MAZIARZ -- 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. LBD04586-01-3
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.