S T A T E O F N E W Y O R K
________________________________________________________________________
7938
I N S E N A T E
May 26, 2016
___________
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 vehi-
cle displaying a blue or green light
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 502 of the vehicle and traffic
law, as amended by chapter 458 of the laws of 2011, is amended to read
as follows:
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while intoxicated, the law
for exercising due care to avoid colliding with a parked, stopped or
standing [authorized emergency vehicle or hazard] vehicle pursuant to
section eleven hundred forty-four-a of this chapter, explanations of
traffic signs and symbols and such other matters as the commissioner may
prescribe.
S 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 458 of the laws of
2011, is amended to read as follows:
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the law relating to exer-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01976-06-6
S. 7938 2
cising due care to avoid colliding with a parked, stopped or standing
authorized emergency vehicle or hazard vehicle pursuant to section elev-
en hundred forty-four-a of this chapter, the ability to read and compre-
hend traffic signs and symbols and such other matters as the commission-
er may prescribe, and to satisfactorily complete a course prescribed by
the commissioner of not less than four hours and not more than five
hours, consisting of classroom driver training and highway safety
instruction or the equivalent thereof. Such test shall include at least
seven written questions concerning the effects of consumption of alcohol
or drugs on the ability of a person to operate a motor vehicle and the
legal and financial consequences resulting from violations of section
eleven hundred ninety-two of this chapter, prohibiting the operation of
a motor vehicle while under the influence of alcohol or drugs. Such test
shall include one or more written questions concerning the devastating
effects of "Road Rage" on the ability of a person to operate a motor
vehicle and the legal and financial consequences resulting from assault-
ing, threatening or interfering with the lawful conduct of another
person legally using the roadway. Such test shall include one or more
questions concerning the potential dangers to persons and equipment
resulting from the unsafe operation of a motor vehicle in a work zone.
Such test may include one or more questions concerning the law for exer-
cising due care to avoid colliding with a parked, stopped or standing
[authorized emergency vehicle or hazard] vehicle pursuant to section
eleven hundred forty-four-a of this chapter. Such test shall be adminis-
tered by the commissioner. The commissioner shall cause the applicant to
take a vision test and a test for color blindness. Upon passage of the
vision test, the application may be accepted and the application fee
shall be payable.
S 3. The section heading of 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:
Operation of vehicles when approaching a parked, stopped or standing
authorized emergency vehicle or hazard vehicle OR VEHICLE DISPLAYING A
BLUE OR GREEN LIGHT.
S 4. Section 1144-a of the vehicle and traffic law is amended by
adding a new subdivision (c) to read as follows:
(C) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
COLLIDING WITH A VEHICLE DISPLAYING A BLUE LIGHT PURSUANT TO THE
PROVISIONS OF PARAGRAPH FOUR OR A GREEN LIGHT PURSUANT TO THE PROVISIONS
OF PARAGRAPH FIVE OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED
SEVENTY-FIVE OF THIS CHAPTER WHICH IS PARKED, STOPPED OR STANDING ON THE
SHOULDER OR ANY PORTION OF SUCH 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 IMME-
DIATELY ADJACENT TO THE SHOULDER WHERE SUCH VEHICLE DISPLAYING A BLUE
LIGHT PURSUANT TO THE PROVISIONS OF PARAGRAPH FOUR OR A GREEN LIGHT
PURSUANT TO THE PROVISIONS OF PARAGRAPH 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 ELEVEN HUNDRED TEN AND ELEVEN HUNDRED
TWENTY-EIGHT OF THIS TITLE.
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
