S T A T E O F N E W Y O R K
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2039
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring an
operator of a motor vehicle approaching stationary emergency vehicles,
tow or recovery trucks, or highway maintenance vehicles on the roadway
to switch lanes or reduce the speed of a motor vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 1144 of the vehicle and traffic
law, as amended by chapter 300 of the laws of 1960, is amended to read
as follows:
(b) THE OPERATOR OF A MOTOR VEHICLE APPROACHING A STATIONARY AUTHOR-
IZED EMERGENCY VEHICLE THAT DISPLAYS FLASHING YELLOW, AMBER, WHITE, RED
OR BLUE LIGHTS, OR A STATIONARY TOW VEHICLE OR A RECOVERY VEHICLE THAT
DISPLAYS FLASHING LIGHTS WHILE PERFORMING A RECOVERY OR LOADING ON THE
ROADSIDE, OR A STATIONARY HIGHWAY MAINTENANCE VEHICLE THAT DISPLAYS
FLASHING LIGHTS, SHALL APPROACH SUCH EMERGENCY VEHICLE, TOW VEHICLE,
RECOVERY VEHICLE OR HIGHWAY MAINTENANCE VEHICLE WITH DUE CAUTION AND
SHALL, ABSENT ANY OTHER DIRECTION BY A LAW ENFORCEMENT OFFICER, PROCEED
AS FOLLOWS:
(1) IF EXISTING SAFETY AND TRAFFIC CONDITIONS PERMIT, MAKE A LANE
CHANGE INTO A LANE NOT ADJACENT TO SUCH VEHICLES; OR
(2) IF A LANE CHANGE PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION IS
NOT POSSIBLE, REDUCE THE SPEED OF SUCH MOTOR VEHICLE TO A REASONABLE AND
PROPER SPEED FOR EXISTING ROAD AND TRAFFIC CONDITIONS, AND SHALL BE
PREPARED TO STOP SUCH MOTOR VEHICLE.
VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE NOT TO
EXCEED ONE HUNDRED DOLLARS FOR THE FIRST VIOLATION AND FIVE HUNDRED
DOLLARS FOR ANY SUBSEQUENT VIOLATIONS OF THIS SUBDIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05684-01-5
A. 2039 2
(C) This section shall not operate to relieve the driver of an author-
ized emergency vehicle from the duty to drive with reasonable care for
all persons using the highway.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.