NY State Senate Bill 2017-S4182

Senate Bill S4182

2017-2018 Legislative Session

Requires the driver of a vehicle involved in an accident involving no personal injury or death to move the vehicle to a safe location

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Feb 06, 2017	referred to transportation

co-Sponsors

2017-S4182 (ACTIVE) - Details

See Assembly Version of this Bill:: A918
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§600 & 1200, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6476, A10097
2011-2012: S1350, A1296
2013-2014: S394, A1415
2015-2016: S1242, A587
2019-2020: A2191

2017-S4182 (ACTIVE) - Summary

Requires the driver of a vehicle involved in an accident involving no personal injury or death to move the vehicle to a safe location in the vicinity of the incident.

2017-S4182 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4182

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to removing vehicles from traffic following an accident

 PURPOSE :

To allow police officers and other public officers to direct that
vehicles and their contents be removed from public highways and to
relieve such Police officer and public officers, and anyone acting
pursuant to their direction from liability for such removal, unless
such removal was carried out in a reckless or grossly negligent
manner.

 SUMMARY OF PROVISIONS :

Adds a new paragraph to section 1602 of the vehicle and traffic law to
accomplish the foregoing.

 JUSTIFICATION :

Numerous studies have indicated that delays in clearing highways of
wrecked or damaged vehicles often leads to secondary accidents and a
loss of productivity by persons who are inconvenienced by highways
that are closed as the result of accidents. For this reason, many
police agencies and political subdivisions have adopted "quick

clearance" procedures that are designed to open highways in as short a
time as possible. These procedures often require the removal of
vehicles (sometimes by the use of bulldozers) in a manner that results
in unavoidable damage to Such vehicles and their cargo.

This bill relieves police officers and other public officers, and any
persons acting pursuant to their direction, from liability for damage
caused to such vehicles and cargo unless such removal is carried out
in a reckless or grossly negligent manner.

Legislation of this nature is endorsed by the 1-95 Corridor Coalition,
a coalition consisting of transportation, police, emergency and
private sector interests that range from Maine to Florida.

 LEGISLATIVE HISTORY :

2013-2014: S.393/A.1427 Referred to transportation
2015-2016: S.1243/A.622 Referred to transportation

 FISCAL IMPACT :

None to the state.

 EFFECTIVE DATE :
Immediately.

2017-S4182 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4182
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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  removing
   vehicles from traffic following an accident
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 600 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 3 to read as follows:
   3.  REMOVAL  OF  A  VEHICLE.  A PERSON WHO MOVES A VEHICLE IN A MANNER
 CONSISTENT WITH SUBDIVISION (E) OF SECTION TWELVE HUNDRED OF THIS  CHAP-
 TER  AND  WHO REMAINS IN THE IMMEDIATE VICINITY OF AN ACCIDENT SHALL NOT
 BE CONSTRUED TO BE IN VIOLATION OF THIS SECTION BECAUSE  OF  SUCH  MOVE-
 MENT.
   §  2. Section 1200 of the vehicle and traffic law is amended by adding
 a new subdivision (e) to read as follows:
   (E) WHENEVER A  VEHICLE  IS  INVOLVED  IN  AN  ACCIDENT  INVOLVING  NO
 PERSONAL INJURY OR DEATH, THE DRIVER OF ANY INVOLVED VEHICLE SHALL IMME-
 DIATELY  MOVE  OR CAUSE REMOVAL OF THE VEHICLE FROM THE TRAVEL LANE TO A
 SAFE LOCATION ALONG THE HIGHWAY IN THE IMMEDIATE VICINITY OF  THE  INCI-
 DENT,  PROVIDED  THAT  THE  VEHICLE  IS OPERABLE AND THE MOVEMENT OF THE
 VEHICLE CAN BE DONE SAFELY. MOVEMENT CONSISTENT WITH THE  PROVISIONS  OF
 THIS  SUBDIVISION  SHALL  NOT  BE  CONSTRUED TO IMPLY THAT NO INJURY HAS
 OCCURRED NOR SHALL THE DRIVER BE CONSIDERED LIABLE OR AT FAULT REGARDING
 THE CAUSE OF THE ACCIDENT SOLELY BY MOVING OR CAUSING THE REMOVAL OF THE
 VEHICLE. MOVING A VEHICLE CONSISTENT WITH  THIS  SUBDIVISION  SHALL  NOT
 RELIEVE  AN  INVESTIGATING  POLICE OFFICER FROM THE OBLIGATION TO FILE A
 REPORT  OTHERWISE  REQUIRED.  NOTHING  IN  THIS  SUBDIVISION  SHALL   BE
 CONSTRUED  TO AUTHORIZE OTHERWISE UNQUALIFIED PERSONS TO CLEAR OR REMOVE
 HAZARDOUS MATERIALS FROM THE HIGHWAY  OR  TO  MOVE  VEHICLES  WHICH  ARE
 TRANSPORTING  HAZARDOUS MATERIALS IN A MANNER INCONSISTENT WITH APPLICA-
 BLE LAW.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01885-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4182

Share this bill

Sponsored By

Martin Malavé Dilan