senate Bill S6387

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 - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 referred to transportation

S6387 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1144-a, V & T L

S6387 - Bill Texts

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

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BILL NUMBER:S6387

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:

S.5507A of 2013

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
________________________________________________________________________

                                  6387

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen. VALESKY -- 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 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 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 subpara-
graph b of paragraph four, as applicable], THREE, FOUR OR FIVE of subdi-
vision forty-one of section three hundred seventy-five of  this  chapter
is  parked,  stopped  or  standing  to another lane, provided [that such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13446-01-4

S. 6387                             2

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] A DRIV-
ER REQUIRED TO MOVE FROM A LANE PURSUANT TO THIS SECTION SHOULD, WHEREV-
ER  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  CONDI-
TIONS  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  SUBDIVISION
(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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