S T A T E O F N E W Y O R K
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4182
2017-2018 Regular Sessions
I N S E N A T E
February 6, 2017
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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