Senate Bill S4416B

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2016	print number 4416b
Jan 11, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation
Jun 16, 2015	print number 4416a
Jun 16, 2015	amend and recommit to rules
Jun 09, 2015	reported and committed to rules
Mar 19, 2015	referred to transportation

Votes

- Jun 9, 2015 - Transportation Committee Vote
  S4416B
  
  Aye
  
  19
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: Jun 9, 2015
      
      aye (19)
      
      Avella
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S4416 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1144-a & 1800, V & T L
Versions Introduced in 2013-2014 Legislative Session:: S6297

2015-S4416 - Summary

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

2015-S4416 - Sponsor Memo

                                BILL NUMBER:S4416

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:

This bill would 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 one amends subdivision (a) of section 1144-a of the vehicle
and traffic law to clarify that the move over act applies to
authorized emergency vehicles stopped or standing on the shoulder,
travel lanes or any portion of a public highway.

Further, section one adds two new subdivisions. A new subdivision (b)
is added which increases the penalty for individuals who operate a
vehicle recklessly and causes serious physical injury to another
person is guilty of a class E felony. A new subdivision (c) is added
which increases the penalty for individuals who operate a vehicle

recklessly and causes the death of another person will be guilty of a
class D felony.

Section two establishes the effective date.

JUSTIFICATION:

The "move over law" requires drivers approaching stopped police,
emergency or hazard vehicles with their lights flashing to move over
at least one lane away from such vehicle if traffic conditions allow.
Any persons found in violation of these provisions will face a fine
between $250 and $400, and/or imprisonment for a maximum of 30 days.
Additionally, violators will receive a two point penalty on their
driver's license; however, the law does not contain enhanced penalties
where a driver causes death or serious physical injury in violation of
the law.

In February of 2011, Nassau County 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, the box truck 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
"move over law" in its current form does not allow drivers to face
enhanced penalties for killing or causing serious physical injury in
violation of the law. Another fatal accident occurred in December of
2013 where New York State Trooper David W. Cunniff was killed when his
patrol car, which was parked directly behind the vehicle he had just
pulled over, was struck by a tractor trailer on the Thruway. The case


against the driver of the tractor trailer is still pending in the
Montgomery County Court.

This legislation would build upon the established protections provided
to our emergency personnel and hazard vehicle operators by increasing
the penalties for those who recklessly operate a motor vehicle when
approaching a parked, stopped or standing authorized emergency or
hazard vehicle that results in the death or causes serious physical
injury to another person.

LEGISLATIVE HISTORY:

2014: S.6297 referred to Transportation

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

180th day after becoming law.

2015-S4416 - Bill Text download pdf

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

                                  4416

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sens. MURPHY, MARTINS -- 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] A DESIGNATED  emergency
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  subparagraph  b

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09940-01-5

S. 4416                             2

of  paragraph],  THREE,  four[,  as  applicable]  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 move-
ment 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  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 COLLI-
SION. 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.

co-Sponsors

2015-S4416A - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1144-a & 1800, V & T L
Versions Introduced in 2013-2014 Legislative Session:: S6297

2015-S4416A - Summary

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

2015-S4416A - Sponsor Memo

                                BILL NUMBER:S4416A

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:

This bill would 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 one amends subdivision (a) of section 1144-a of the vehicle
and traffic law to clarify that the move over act applies to
authorized emergency vehicles stopped or standing on the shoulder,
travel lanes or any portion of a public highway.

Further, section one adds two new subdivisions. A new subdivision (b)
is added which increases the penalty for individuals who operate a
vehicle recklessly and causes serious physical injury to another
person is guilty of a class E felony. A new subdivision (c) is added
which increases the penalty for individuals who operate a vehicle

recklessly and causes the death of another person will be guilty of a
class D felony.

Section two establishes the effective date.

JUSTIFICATION:

The "move over law" requires drivers approaching stopped police,
emergency or hazard vehicles with their lights flashing to move over
at least one lane away from such vehicle if traffic conditions allow.
Any persons found in violation of these provisions will face a fine
between $250 and $400, and/or imprisonment for a maximum of 30 days.
Additionally, violators will receive a two point penalty on their
driver's license; however, the law does not contain enhanced penalties
where a driver causes death or serious physical injury in violation of
the law.

In February of 2011, Nassau County 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, the box truck 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
"move over law" in its current form does not allow drivers to face
enhanced penalties for killing or causing serious physical injury in
violation of the law. Another fatal accident occurred in December of
2013 where New York State Trooper David W. Cunniff was killed when his
patrol car, which was parked directly behind the vehicle he had just
pulled over, was struck by a tractor trailer on the Thruway. The case


against the driver of the tractor trailer is still pending in the
Montgomery County Court.

This legislation would build upon the established protections provided
to our emergency personnel and hazard vehicle operators by increasing
the penalties for those who recklessly operate a motor vehicle when
approaching a parked, stopped or standing authorized emergency or
hazard vehicle that results in the death or causes serious physical
injury to another person.

LEGISLATIVE HISTORY:

2014: S.6297 referred to Transportation

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

180th day after becoming law.

2015-S4416A - Bill Text download pdf

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

                                 4416--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sens. MURPHY, MARTINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Rules  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted 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, 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  vehicle  which
is  parked,  stopped  or  standing  on the shoulder, TRAVEL LANES or any
portion of [such] A PUBLIC highway and such authorized emergency vehicle
is 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 [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 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 displaying one or more red, blue or
white or any combination of red and white, AMBER, BLUE OR  GREEN  lights

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09940-02-5

S. 4416--A                          2

[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],  THREE,  four[,  as  applicable]  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  move-
ment 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  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 COLLI-
SION. 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.

co-Sponsors

2015-S4416B (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1144-a & 1800, V & T L
Versions Introduced in 2013-2014 Legislative Session:: S6297

2015-S4416B (ACTIVE) - Summary

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

2015-S4416B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4416B

 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 :

This bill would 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 one amends subdivision (a) of section 1144-a of the vehicle
and traffic law to clarify that the move over act applies to
authorized emergency vehicles stopped or standing on the shoulder,
travel lanes or any portion of a public highway.

Section two amends section 1800 of the vehicle and traffic law
regarding penalties for traffic infractions to add a new subdivision
(e-1) which increases the penalty for individuals who operate a
vehicle recklessly and causes serious physical injury to another

person is guilty of a class E felony. Further, it increases the
penalty for individuals who operate a vehicle recklessly and causes
the death of another person will be guilty of a class D felony.

Section three establishes the effective date.

 JUSTIFICATION :

The "move over law" requires drivers approaching stopped police,
emergency or hazard vehicles with their lights flashing to move over
at least one lane away from such vehicle if traffic conditions allow.
Any persons found in violation of these provisions will face a fine
between $250 and $400, and/or imprisonment for a maximum of 30 days.
Additionally, violators will receive a two point penalty on their
driver's license; however, the law does not contain enhanced penalties
where a driver causes death or serious physical injury in violation of
the law.

In February of 2011, Nassau County 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, the box truck 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
"move over law" in its current form does not allow drivers to face
enhanced penalties for killing or causing serious physical injury in
violation of the law.  Another fatal accident occurred in December of
2013 where New York State Trooper David W. Cunniff was killed when his
patrol car, which was parked directly behind the vehicle he had just
pulled over, was struck by a tractor trailer on the Thruway. The case
against the driver of the tractor trailer is still pending in the
Montgomery County Court.

This legislation would build upon the established protections provided
to our emergency personnel and hazard vehicle operators by increasing
the penalties for those who recklessly operate a motor vehicle when
approaching a parked, stopped or standing authorized emergency or
hazard vehicle that results in the death or causes serious physical
injury to another person.
 LEGISLATIVE HISTORY :

2014: S.6297 referred to Transportation

 FISCAL IMPLICATIONS :

None to the state

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

2015-S4416B (ACTIVE) - Bill Text download pdf

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

                                 4416--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 19, 2015
                               ___________

Introduced  by  Sens. MURPHY, MARTINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation --
  reported favorably from said committee and committed to the  Committee
  on  Rules  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted 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, 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  vehicle  which
is  parked,  stopped  or  standing  on the shoulder, TRAVEL LANES or any
portion of [such] A PUBLIC highway and such authorized emergency vehicle
is 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 [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 parkways, PUBLIC HIGHWAYS  or  controlled  access  highways,
such  due  care shall include, but not be limited to, moving from a lane

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09940-03-6

S. 4416--B                          2

which contains or is immediately adjacent to the shoulder OR LANE  where
such  authorized  emergency  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  subparagraph  b
of  paragraph],  THREE,  four[,  as  applicable]  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 move-
ment 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 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  COLLI-
SION.  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.]
  S  2. Section 1800 of the vehicle and traffic law is amended by adding
a new subdivision (e-1) to read as follows:
  (E-1) 1. EVERY PERSON CONVICTED OF A VIOLATION OF  THE  PROVISIONS  OF
SECTION  ELEVEN  HUNDRED  FORTY-FOUR-A OF THIS CHAPTER, WHO WHILE IN THE
COURSE OF SUCH VIOLATION ENGAGED IN  RECKLESS  DRIVING,  AS  DEFINED  IN
SECTION  TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND THEREBY CAUSES SERI-
OUS PHYSICAL INJURY TO ANOTHER PERSON, SHALL BE  GUILTY  OF  A  CLASS  E
FELONY.
  2.  EVERY PERSON CONVICTED OF A VIOLATION OF THE PROVISIONS OF SECTION
ELEVEN HUNDRED FORTY-FOUR-A OF THIS CHAPTER, WHO WHILE IN THE COURSE  OF
SUCH VIOLATION ENGAGED IN RECKLESS DRIVING, AS DEFINED IN SECTION TWELVE
HUNDRED  TWELVE OF THIS CHAPTER, AND THEREBY CAUSES THE DEATH OF ANOTHER
PERSON, SHALL BE GUILTY OF A CLASS D FELONY.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S4416B

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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Jun 9, 2015 - Transportation Committee Vote

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Terrence Murphy

Archive: Last Bill Status - In Senate Committee Transportation Committee

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Jack M. Martins

2015-S4416 - Details

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