Senate Bill S5397

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5397
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 Introduced  by  Sen.  ROBACH -- 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  display
   of amber and blue lights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 139-a to read as follows:
   § 139-A. ROADSIDE SERVICE VEHICLE. A MOTOR VEHICLE THAT IS USED IN THE
 PROVIDING  OF  FUEL,  JUMP STARTS, TIRE CHANGES, LOCKOUT SERVICES, MINOR
 REPAIRS AND SIMILAR SERVICES TO MOTORISTS ALONGSIDE A  ROADWAY  AND,  IF
 EQUIPPED TO DO SO, TO PUSH DISABLED VEHICLES FROM ACTIVE TRAFFIC LANES.
   §  2. Subdivision 41 of section 375 of the vehicle and traffic law, as
 added by chapter 197 of the laws of 1970,  paragraph  3  as  amended  by
 chapter  435  of the laws of 1977, paragraph 4 as amended by chapter 465
 of the laws of 2010, subparagraph b of paragraph 4 as amended by chapter
 143 of the laws of 2011, the opening paragraph of paragraph 5 as amended
 by chapter 349 of the laws of 2004, and paragraph 8 as added by  chapter
 156 of the laws of 1992, is amended to read as follows:
   41.  Colored  and  flashing lights. The provisions of this subdivision
 shall govern the affixing and display of lights on vehicles, other  than
 those lights required by law. 1. No light, other than a white light, and
 no revolving, rotating, flashing, oscillating or constantly moving white
 light  shall  be  affixed  to,  or  displayed  on  any vehicle except as
 prescribed herein.
   2. Red lights and certain white lights. One or more red or combination
 red and white lights, or one white light  which  must  be  a  revolving,
 rotating,  flashing,  oscillating  or  constantly  moving  light, may be
 affixed to an authorized emergency  vehicle,  and  such  lights  may  be
 displayed  on  an  authorized  emergency  vehicle  when  such vehicle is

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10407-01-7
              

 S. 5397                             2
 
 engaged in an emergency operation, and upon a fire vehicle while return-
 ing from an alarm of fire or other emergency.
   3. Amber lights. [a.] (A) One or more amber lights may be affixed to a
 hazard  vehicle, and such a light or lights which display an amber light
 visible to all approaching traffic under normal  atmospheric  conditions
 from  a  distance  of  five  hundred  feet  from  such  vehicle shall be
 displayed on a hazard vehicle when such vehicle is engaged in a  hazard-
 ous  operation.    Such  light  or  lights  shall  not be required to be
 displayed during daylight hours provided at least two red flags  visible
 from  a distance of five hundred feet are placed both in or on the front
 of, and to or on the rear of the vehicle and two such flags  are  placed
 to  each  side of the vehicle open to traffic. Such lights or flags need
 not be displayed on the  vehicle  when  the  vehicle  is  operating,  or
 parked,  within  a  barricaded  work  area  and said lights or flags are
 displayed on the barricade. The provisions of this subdivision shall not
 prohibit the temporary affixing and display of an amber light to be used
 as a warning on a disabled motor vehicle or on a motor vehicle while  it
 is  stopped  on  a  highway  while  engaged  in an operation which would
 restrict, impede or interfere with the normal flow of traffic.
   [b.] (B) In any city in this state having a population of one  million
 or  more,  one  amber light may be affixed to any motor vehicle owned or
 operated by a volunteer member of a civilian or  crime  patrol  provided
 such  volunteer  civilian  or crime patrol member has been authorized in
 writing to so affix an amber light by the  police  commissioner  of  the
 municipality  in  which he patrols, which authorization shall be subject
 to revocation at any time by the police commissioner who issued the same
 or his successor in office. Such amber light may  be  operated  by  such
 volunteer  civilian  or  crime patrol member in such a vehicle only when
 engaged in a patrol operation as defined and  authorized  by  rules  and
 regulations  promulgated  by  the police commissioner and only in such a
 manner and at such times as may be authorized by the police commissioner
 pursuant to said rules and regulations.
   4. Blue light. [a.] (A) One blue light may be  affixed  to  any  motor
 vehicle  owned  by a volunteer member of a fire department or on a motor
 vehicle owned by a member of such person's family residing in  the  same
 household or by a business enterprise in which such person has a propri-
 etary  interest  or by which he or she is employed, provided such volun-
 teer firefighter has been authorized in writing to so affix a blue light
 by the chief of the fire department or company of which he or she  is  a
 member,  which  authorization shall be subject to revocation at any time
 by the chief who issued the same or his or her successor in office. Such
 blue light may be displayed exclusively by such volunteer firefighter on
 such a vehicle only when engaged in an emergency operation. The  use  of
 blue  lights on vehicles shall be restricted for use only by a volunteer
 firefighter except as otherwise provided for in subparagraph b  of  this
 paragraph.
   [b.]  (B)  In  addition  to  the red and white lights authorized to be
 displayed pursuant to paragraph two of this  subdivision,  one  or  more
 blue  lights or combination blue and red lights or combination blue, red
 and white lights may be affixed to a police vehicle, fire vehicle, ambu-
 lance, emergency ambulance service vehicle, and county emergency medical
 services vehicle provided that  such  blue  light  or  lights  shall  be
 displayed  on a police vehicle, fire vehicle, ambulance, emergency ambu-
 lance service vehicle, and county emergency medical services vehicle for
 rear projection only. In the event that the trunk  or  rear  gate  of  a
 police  vehicle,  fire  vehicle,  ambulance, emergency ambulance service

 S. 5397                             3
 
 vehicle, and county emergency  medical  services  vehicle  obstructs  or
 diminishes  the visibility of other emergency lighting on such vehicles,
 a blue light may be affixed to and displayed from the trunk,  rear  gate
 or  interior  of such vehicles. Such lights may be displayed on a police
 vehicle, fire vehicle, ambulance, emergency ambulance  service  vehicle,
 and  county  emergency  medical  services vehicle when such vehicles are
 engaged in an emergency operation. Nothing contained  in  this  subpara-
 graph  shall  be  deemed  to  authorize the use of blue lights on police
 vehicles, fire vehicles, ambulances, emergency ambulance  service  vehi-
 cles,  and  county emergency medical services vehicles unless such vehi-
 cles also display one or more red or combination red and white lights as
 otherwise authorized in this subdivision.
   [c.] (C) IN ADDITION TO THE AMBER LIGHTS AUTHORIZED PURSUANT TO  PARA-
 GRAPH THREE OF THIS SUBDIVISION, A TOW TRUCK OR ROADSIDE SERVICE VEHICLE
 MAY  ALSO  DISPLAY  AMBER AND BLUE LIGHTS FOR REAR PROJECTION ONLY. SUCH
 LIGHTS MAY ONLY BE DISPLAYED WHEN THE  TOW  TRUCK  OR  ROADSIDE  SERVICE
 VEHICLE IS ENGAGED IN A HAZARDOUS OPERATION.
   (D) The commissioner is authorized to promulgate rules and regulations
 relating  to  the  use, placement, power and display of blue lights on a
 police vehicle and fire vehicle.
   5. Green light. (A) One green light may be affixed to any motor  vehi-
 cle  owned  by  a member of a volunteer ambulance service, or on a motor
 vehicle owned by a member of such person's  family,  or  by  a  business
 enterprise  in  which such person has a proprietary interest or by which
 he is employed, provided such member has been authorized in  writing  to
 so  affix  a  green light by the chief officer of such service as desig-
 nated by the members thereof. Such green light may be  displayed  exclu-
 sively by such member of a volunteer ambulance service only when engaged
 in  an emergency operation. The use of green lights on vehicles shall be
 restricted for use only by a member of a volunteer ambulance service  as
 provided for in this paragraph.
   (B) As used in this paragraph volunteer ambulance service means:
   [a.]  (I)  a  non-profit  [membership]  corporation (other than a fire
 corporation) incorporated under or subject  to  the  provisions  of  the
 [membership  corporations]  NOT-FOR-PROFIT CORPORATION law, or any other
 law, operating its ambulance or ambulances on a non-profit basis for the
 convenience of the members thereof and their families or of the communi-
 ty or under a contract with a county, city, town or village pursuant  to
 section one hundred twenty-two-b of the general municipal law; or
   [b.] (II) an unincorporated association of persons operating its ambu-
 lance  or  ambulances  on  a non-profit basis for the convenience of the
 members and their families or of the community.
   6. The commissioner  is  authorized  to  promulgate  regulations  with
 respect  to the affixing and display of colored lights and to promulgate
 specifications with respect to such lights.
   7. The provisions of this subdivision [forty-one] shall not be  appli-
 cable to vehicles from other states or from the Dominion of Canada which
 have  entered this state to render police, fire or civil defense aid, or
 ambulance service, while such vehicles are  here  or  are  returning  to
 their  home stations if the lights on such vehicles comply with the laws
 of their home states or the Dominion of Canada and are displayed in this
 state in the same manner permitted by their home states or the  Dominion
 of  Canada,  nor shall the provisions of this subdivision [forty-one] be
 deemed to amend, supersede or in any manner affect the provisions of the
 New York state defense emergency act as now in force or  as  it  may  be
 amended from time to time.

 S. 5397                             4
 
   8.  The  provisions of this subdivision shall not be applicable to the
 driver of a vehicle from another state  or  foreign  jurisdiction  which
 vehicle  has  colored lights affixed but not revolving, rotating, flash-
 ing, oscillating or constantly moving if  the  lights  on  such  vehicle
 comply  with the laws of the state or home foreign jurisdiction in which
 the vehicle is registered.
   § 3. Subdivision (b) 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:
   (b) Every operator of a motor vehicle shall exercise due care to avoid
 colliding  with a hazard vehicle which is parked, stopped or standing 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 OR AMBER AND BLUE LIGHTS PURSUANT TO THE  PROVISIONS  OF
 PARAGRAPH  FOUR of subdivision forty-one of section three hundred seven-
 ty-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 OR AMBER AND BLUE
 LIGHTS PURSUANT TO THE  PROVISIONS  OF  PARAGRAPH  FOUR  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.
   § 4. This act shall take effect immediately.