senate Bill S5507A

2013-2014 Legislative Session

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle or volunteer first responder

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2013 referred to transportation
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1101
May 30, 2013 print number 5507a
amend (t) and recommit to transportation
May 16, 2013 referred to transportation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5507 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1144-a, V & T L

S5507 - Bill Texts

view summary

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or volunteer first responder.

view sponsor memo
BILL NUMBER:S5507

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the operation of vehicles when approaching a parked,
stopped or standing authorized emergency vehicle or hazard vehicle

PURPOSE:

To increase the penalties for operating a motor vehicle recklessly
when approaching a parked, stopped or standing authorized emergency
vehicle or hazard vehicle and causing serious physical injury or
death.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision (a) and (b) of section 1144-a of the
vehicle and traffic law to clarify that the move over act applies to
authorized emergency vehicles stopped in travel lanes and all public
highways.

Adds two new subdivisions (c) and (d) to increase the penalties for
individuals who operate a vehicle recklessly and cause serious
physical injury or death to a class E or D felony respectively.

Section 2. This act shall take effect on the one hundred eightieth day
after it shall have become law.

JUSTIFICATION:

The "move over law" requires drivers approaching stopped police,
emergency or hazard vehicles with their lights flashing to slow down
and move over at least one lane away from that vehicle if traffic
conditions allow. Violators face a fine between $250 and $400 and/or
up to 30 days imprisonment, as well as two penalty points on their
driver's license. However, the law does not include any enhanced
penalties if a driver causes death or serious physical injury as a
result of violating the law.

In February of 2011, Nassau County Police Officer Michael Califano was
killed while performing a routine traffic stop on the Long Island
Expressway when his cruiser was struck from behind by a box truck.
Despite the fact that Officer Califano's cruiser was stopped on the
shoulder with its lights flashing and the box truck's driver's
negligent actions caused Officer Califano's death, the offender
received only a conviction for reckless driving, which is an
unclassified misdemeanor, because the current "move over law" does not
allow for drivers to face enhanced penalties for killing or seriously
injuring someone as a result of violating the law.

This legislation would build upon the protections the "move over law"
provides our emergency personnel and hazard vehicle operators by
increasing the penalties for those who operate a motor vehicle
recklessly when approaching a parked, stopped or standing authorized
emergency vehicle or hazard vehicle and causing serious physical
injury or death:

LEGISLATIVE HISTORY:


New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become law.

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

                                  5507

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- 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 vehicle or hazard vehicle

  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, 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. (a) Every oper-
ator of a motor vehicle shall exercise due care to avoid colliding  with
an  authorized emergency vehicle which is parked, stopped or standing on
the shoulder, TRAVEL LANES or any  portion  of  such  highway  and  such
authorized  emergency  vehicle is displaying one or more red or combina-
tion red and white lights pursuant to the provisions of paragraph two of
subdivision forty-one of section  three  hundred  seventy-five  of  this
chapter. For operators of motor vehicles on parkways, 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 vehicle display-
ing one or more red or combination red and white lights pursuant to  the
provisions  of  paragraph  two 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 [of this title] and eleven
hundred twenty-eight of this title OR THE DRIVER IS ABLE  TO  SAFELY  DO
SO.
  (b) Every operator of a motor vehicle shall exercise due care to avoid
colliding  with a hazard vehicle which is parked, stopped or standing on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09426-04-3

S. 5507                             2

the shoulder, TRAVEL LANES 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,  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 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 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 OR THE DRIVER IS ABLE TO SAFELY DO SO.
  (C) ANY PERSON WHO VIOLATES SUBDIVISION (A) OR (B) 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.
  (D) ANY PERSON WHO VIOLATES SUBDIVISION (A) OR (B) 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.

Co-Sponsors

S5507A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1144-a, V & T L

S5507A (ACTIVE) - Bill Texts

view summary

Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or volunteer first responder.

view sponsor memo
BILL NUMBER:S5507A

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the operation of vehicles when approaching a parked,
stopped or standing authorized emergency or hazard vehicle or
volunteer first responder

PURPOSE:

To increase the penalties for operating a motor vehicle recklessly
when approaching a parked, stopped or standing authorized emergency
vehicle or hazard vehicle and causing serious physical injury or
death.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision (a) and of section 1144-a of the vehicle
and traffic law to clarify that the move over act applies to
authorized emergency vehicles stopped in travel lanes and all public
highways.

Adds two new subdivisions (b) and (d) to increase the penalties for
individuals who operate a vehicle recklessly and cause serious
physical injury or death to a class E or D felony respectively.

Section 2. This act shall take effect on the one hundred eightieth day
after it shall have become law.

JUSTIFICATION:

The "move over law" requires drivers approaching stopped police,
emergency or hazard vehicles with their lights flashing to slow down
and move over at least one lane away from that vehicle if traffic
conditions allow. Violators face a fine between $250 and $400 and/or
up to 30 days imprisonment, as well as two penalty points on their
driver's license. However, the law does not include any enhanced
penalties if a driver causes death or serious physical injury as a
result of violating the law.

In February of 2011, Nassau County Police Officer Michael Califano was
killed while performing a routine traffic stop on the Long Island
Expressway when his cruiser was struck from behind by a box truck.
Despite the fact that Officer Califano's cruiser was stopped on the
shoulder with its lights flashing and the box truck's driver's
negligent actions caused Officer Califano's death, the offender
received only a conviction for reckless driving, which is an
unclassified misdemeanor, because the current "move over law" does not
allow for drivers to face enhanced penalties for killing or seriously
injuring someone as a result of violating the law.

This legislation would build upon the protections the "move over law"
provides our emergency personnel and hazard vehicle operators by
increasing the penalties for those who operate a motor vehicle
recklessly when approaching a parked, stopped or standing authorized
emergency vehicle or hazard vehicle and causing serious physical
injury or death.


LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5507--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Transportation -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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, 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 emergency] A  DESIGNATED
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] PARAGRAPHS two, THREE, FOUR OR FIVE of subdi-
vision forty-one of section three hundred seventy-five of this  chapter.
For  operators  of  motor  vehicles  on  parkways,  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 or combination 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09426-07-3

S. 5507--A                          2

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 COLLISION. 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.

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