Assembly Bill A10028

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

                                  10028

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

Introduced  by  M.  of  A. ZEBROWSKI, CERETTO, JAFFEE, COLTON, McDONALD,
  CAHILL, GUNTHER, LUPARDO, HOOPER,  GOTTFRIED,  OTIS,  RUSSELL,  GALEF,
  WALKER, PAULIN, SANTABARBARA, CROUCH -- Multi-Sponsored by -- M. of A.
  BRAUNSTEIN, COOK, ENGLEBRIGHT, GLICK, MAGEE, MURRAY, SKARTADOS -- read
  once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to requiring an
  operator  of  a  motor vehicle to exercise due care to avoid colliding
  with a vehicle in distress which is parked, stopped,  or  standing  on
  the shoulder of a highway

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

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 159-a to read as follows:
  S  159-A.  VEHICLE IN DISTRESS. A VEHICLE WHICH IS PARKED, STOPPED, OR
STANDING ON THE SHOULDER OF A HIGHWAY, INTERSTATE, PARKWAY, OR ROAD THAT
IS EXPERIENCING AN EMERGENCY CONDITION. A VEHICLE  IN  DISTRESS  MAY  BE
IDENTIFIED  BY  SEVERAL  FEATURES  INCLUDING BUT NOT LIMITED TO FLASHING
AMBER HAZARD WARNING LIGHTS, ROAD FLARES,  ORANGE  REFLECTIVE  TRIANGLE,
WHITE FLAG IN THE WINDOW, OR ABNORMAL SMOKE COMING FROM THE VEHICLE.
  S  2.  Section  1144-a  of  the vehicle and traffic law, as amended by
chapter 458 of the laws of 2011, subdivision (a) as amended  by  chapter
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 VEHICLE IN
DISTRESS. (a) Every operator 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 or any portion of such highway and
such authorized emergency vehicle is  displaying  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 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 vehi-

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

                                                           LBD14806-01-6

A. 10028                            2

cles 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  authorized  emergency
vehicle  displaying one or more red, blue or white or any combination of
red and white 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  four,  as  applicable  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.
  (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
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 seven-
ty-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.
  (C) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
ING  ON  THE  SHOULDER  OF A HIGHWAY. 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 A VEHICLE IN DISTRESS IS PARKED,
STOPPED OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT  OTHER-
WISE  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.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.