Senate Bill S4190

                                 BILL NUMBER:  S4190

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to roadway lane markings

 PURPOSE OR GENERAL IDEA OF BILL :

To amend the vehicle and traffic law by clarifying which roadway
official traffic control devices prohibit the changing of travel lanes
in the same direction.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends subdivision d of section 1128 of chapter
206 of vehicle and traffic law by changing the language "markings are
in place indicating those portions of any roadway where crossing such
markings would be especially hazardous, no driver of a vehicle
proceeding along such highway shall at any time drive across such
markings" to read, "traffic control devices are in place indicating
those portions of any roadway where the changing of lanes is
prohibited, drivers of vehicles shall obey the direction of every such
device." Additionally it adds the wording "For the purpose of this
subdivision, official traffic control devices are designated by a
double solid white line pavement marking or a sign.

Section 2 provides that this act shall take effect immediately.
              

 JUSTIFICATION :

As the current vehicle and traffic law 1128(d) is written, official
highway markings are those that shall not at any time be crossed by a
driver. The law's original intent was as a "no lane change" provision
to the vehicle and traffic law. However, the current law is vague and
allows police officers to issue a ticket in violation of section
1128(d)to anyone whom the officer deems has, in a-hazardous manner
crossed a marking such as the edge line, which could include your own
driveway entrance. The Appellate Term, of the Second Department found
in the People v Shulman that the white edgeline along the side of the
road does not constitute an "official marking" under VAT 1128(d).
This court ruled in favor of Mr. Shulman, finding that the original
intent of section 1128(d) was in specific reference to crossing
barrier markings. The white edge line along the road, for instance,
does not represent a barrier marking and thus is not an official
roadway marking under section 1128(d). The presence barrier markings
already indicates those portions of the roadway where the NYDOT has
determined that crossing such markings would be especially hazardous
and thus that changing lanes is prohibited.

Further, the extra wording "where crossing such markings would be
especially hazardous" can be misconstrued as an additional criterion
(to the presence of barrier markings) required being in violation of
this law.

In this bill, the use of the phrase "where the changing lanes is
prohibited", brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code 11-309(d).

 PRIOR LEGISLATIVE HISTORY :

2013-2014: S.397A/A.3653 Referred to transportation
2015-2016: S.1649/A.10438 Referred to transportation

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.