S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3826
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. McDONALD -- Multi-Sponsored by -- M. of A. HAWLEY
   -- read once and referred 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
   authorized emergency vehicle or hazard vehicle or vehicle 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. Section 1144-a of the vehicle and traffic law,  as  amended
 by  chapter  458 of the laws of 2011, the section heading as amended and
 subdivision (c) as added by chapter 97 of the laws of 2016, and subdivi-
 sion (a) as amended by chapter 248 of the laws of 2013,  is  amended  to
 read as follows:
   §  1144-a. Operation of vehicles when approaching a parked, stopped or
 standing authorized emergency  vehicle  or  hazard  vehicle  or  vehicle
 displaying a blue or green light. (a) 1. Every operator of a motor vehi-
 cle  shall exercise due care to avoid colliding with an authorized emer-
 gency vehicle which is parked, stopped or standing on  the  shoulder  or
 any  portion  of  such  highway and such authorized emergency vehicle is
 displaying one or more red or combination red and white lights  pursuant
 to  the  provisions of paragraph two of subdivision forty-one of section
 three hundred seventy-five of this chapter or is displaying one or  more
 blue, combination blue and red or combination blue, red and white lights
 pursuant to the provisions of subparagraph b of paragraph four of subdi-
 vision  forty-one of section three hundred seventy-five of this chapter.
 For operators of motor vehicles on parkways or controlled  access  high-
 ways,  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  authorized  emergency  vehicle displaying one or more red, blue or
 white or any combination of red and white lights or blue or  combination
 blue  and  red or combination blue, red and white lights pursuant to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00697-01-9

 A. 3826                             2
 
 provisions of paragraph two or subparagraph  b  of  paragraph  four,  as
 applicable  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  [of this title] and eleven hundred twenty-eight of
 this title.
   [(b)] 2. Every operator of a motor vehicle shall exercise due care  to
 avoid colliding with a hazard vehicle which is parked, stopped or stand-
 ing  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 of subdivision forty-one of section three
 hundred seventy-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  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.
   [(c)] 3. 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.
   (B) 1.  AN OPERATOR OF A MOTOR VEHICLE WHO CAUSES PHYSICAL  INJURY  AS
 DEFINED  UNDER  ARTICLE  TEN  OF THE PENAL LAW AS A RESULT OF RECKLESSLY
 FAILING TO EXERCISE DUE CARE IN VIOLATION OF  SUBDIVISION  (A)  OF  THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF
 NOT  LESS  THAN  TWO  HUNDRED  FIFTY  DOLLARS NOR MORE THAN FIVE HUNDRED
 DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. A CONVICTION
 FOR A SECOND OR ANY SUBSEQUENT VIOLATION, ANY OF  WHICH  WERE  COMMITTED
 WITHIN  A  PERIOD OF EIGHTEEN MONTHS, SHALL CONSTITUTE A CLASS E FELONY,
 PUNISHABLE BY A FINE OF NOT LESS THAN ONE THOUSAND  NOR  MORE  THAN  TWO
 THOUSAND  FIVE  HUNDRED  DOLLARS  IN  ADDITION  TO  ANY  OTHER PENALTIES
 PROVIDED BY LAW.
   2. AN OPERATOR OF A MOTOR VEHICLE  (I)  WHO  CAUSES  SERIOUS  PHYSICAL
 INJURY  AS  DEFINED  UNDER  ARTICLE  TEN OF THE PENAL LAW AS A RESULT OF
 RECKLESSLY FAILING TO EXERCISE DUE CARE IN VIOLATION OF SUBDIVISION  (A)
 OF THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY PUNISHABLE BY A FINE
 OF  NOT  LESS  THAN  ONE  THOUSAND  DOLLARS  NOR MORE THAN FIVE THOUSAND
 DOLLARS IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW,  OR  (II)  WHO
 CAUSES  DEATH  AS A RESULT OF RECKLESSLY FAILING TO EXERCISE DUE CARE IN

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 VIOLATION OF SUBDIVISION (A) OF THIS SECTION SHALL BE GUILTY OF A  CLASS
 C  FELONY  PUNISHABLE  BY  A FINE OF NOT LESS THAN TWO THOUSAND NOR MORE
 THAN FIVE THOUSAND DOLLARS IN ADDITION TO ANY OTHER  PENALTIES  PROVIDED
 BY  LAW,  AND  BY  SUSPENSION  OF  A LICENSE OR REGISTRATION PURSUANT TO
 SUBPARAGRAPH (XVIII) OF PARAGRAPH B OF SUBDIVISION TWO OF  SECTION  FIVE
 HUNDRED TEN OF THIS CHAPTER.
   (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "RECKLESSLY" SHALL HAVE
 THE SAME MEANING AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding a new subparagraph (xviii) to  read  as
 follows:
   (XVIII)  FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED
 FORTY-FOUR-A OF THIS CHAPTER AND THE COMMISSION OF SUCH VIOLATION CAUSED
 SERIOUS PHYSICAL INJURY TO OR DEATH OF ANOTHER PERSON.
   §  3.  The  division  of  criminal  justice services shall establish a
 public information campaign to instruct  the  public  that  operating  a
 motor  vehicle when approaching a parked, stopped or standing authorized
 emergency vehicle or hazard vehicle or  vehicle  displaying  a  blue  or
 green  light that results in physical injury, serious physical injury or
 death as a result of the operator recklessly  failing  to  exercise  due
 care to avoid a collision can result in serious criminal penalties.
   § 4. This act shall take effect immediately.