Senate Bill S397A

                                BILL NUMBER:S397A

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to roadway lane markings

PURPOSE OR GENERAL IDEA OF BILL:  To amend the vehicle and traffic law
by clarifying which roadway official traffic control devices prohibit
the changing of travel lanes in the same direction.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision d of section 1128 of chapter
206 of vehicle and traffic law by changing the language "markings are
in place indicating those portions of any roadway where crossing such
markings would be especially hazardous, no driver of a vehicle
proceeding along such highway shall at any time drive across such
markings" to read, "traffic control devices are in place indicating
those portions of any roadway where the changing of lanes is
prohibited, drivers of vehicles shall obey the direction of every such
device." Additionally it adds the wording "For the purpose of this
subdivision, official traffic control devices are designated by a
double solid white line pavement marking or a sign.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION:  As the current vehicle and traffic law 1128(d) is
              

written, official highway markings are those that shall not at any
time be crossed by a driver. The law's original intent was as a "no
lane change" provision to the vehicle and traffic law. However, the
current law is vague and allows police officers to issue a ticket in
violation of section 1128(d) to anyone whom the officer deems has, in
a-hazardous manner crossed a marking such as the edge line, which
could include your own driveway entrance. The Appellate Term, of the
Second Department found in the People v Shulman that the white
edgeline along the side of the road does not constitute an "official
marking" under VAT 1128(d). This court ruled in favor of Mr. Shulman,
finding that the original intent of section 1128(d) was in specific
reference to crossing barrier markings. The white edge line along the
road, for instance, does not represent a barrier marking and thus is
not an official roadway marking under section 1128(d).

The presence barrier markings already indicates those portions of the
roadway where the NYDOT has determined that crossing such markings
would be especially hazardous and thus that changing lanes is
prohibited.

Further, the extra wording "where crossing such markings would be
especially hazardous" can be misconstrued as an additional criterion
(to the presence of barrier markings) required being in violation of
this law.

In this bill, the use of the phase "where the changing lanes is
prohibited", brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d).


PRIOR LEGISLATIVE HISTORY:  2012: S.7215 2011-12: Similar legislation
S.1316/A.3559 - Passed Senate 2009-10: Similar legislation
S.5175B/A.9823 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.