S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4438
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. DenDEKKER, BRONSON, HAWLEY, BRABENEC -- read once
   and referred to the Committee on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to the display
   of amber and blue lights on certain hazard vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs a and c of paragraph 4 of subdivision 41 of
 section 375 of the vehicle and traffic law, as amended by chapter 465 of
 the laws of 2010, are amended to read as follows:
   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 proprietary interest or
 by which he or she is employed, provided such volunteer 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 author-
 ization 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] SUBPARAGRAPHS  b  AND
 B-1 of this paragraph.
   c.  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, AND HAZARD VEHICLE DESIGNED FOR THE
 TOWING OR PUSHING OF DISABLED VEHICLES.
   § 2. Paragraph 4 of subdivision 41 of section 375 of the  vehicle  and
 traffic  law  is  amended  by  adding  a new subparagraph b-1 to read as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05153-01-9
              

 A. 4438                             2
 
   B-1. IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED  PURSU-
 ANT  TO  PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE LIGHTS OR
 COMBINATION BLUE AND AMBER LIGHTS MAY BE AFFIXED  TO  A  HAZARD  VEHICLE
 DESIGNED  FOR  THE  TOWING OR PUSHING OF DISABLED VEHICLES PROVIDED THAT
 SUCH  BLUE  LIGHT  OR LIGHTS SHALL BE DISPLAYED ON SUCH A HAZARD VEHICLE
 FOR REAR PROJECTION ONLY.  SUCH BLUE LIGHT OR LIGHTS MAY BE DISPLAYED ON
 A HAZARD VEHICLE DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES
 WHEN SUCH VEHICLE IS ENGAGED  IN  A  HAZARDOUS  OPERATION  AND  IS  ALSO
 DISPLAYING  THE  AMBER LIGHT OR LIGHTS REQUIRED TO BE DISPLAYED DURING A
 HAZARDOUS OPERATION PURSUANT TO PARAGRAPH  THREE  OF  THIS  SUBDIVISION.
 NOTHING  CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO AUTHORIZE THE
 USE OF BLUE LIGHTS ON HAZARD VEHICLES DESIGNED FOR THE TOWING OR PUSHING
 OF DISABLED VEHICLES UNLESS SUCH HAZARD VEHICLES  ALSO  DISPLAY  ONE  OR
 MORE AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
   § 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 of subdivision forty-one of section three hundred seven-
 ty-five  of  this chapter OR, IF SUCH HAZARD VEHICLE IS DESIGNED FOR THE
 TOWING OR PUSHING OF DISABLED VEHICLES SUCH HAZARD VEHICLE IS DISPLAYING
 ONE OR MORE AMBER LIGHTS OR ONE OR MORE BLUE  OR  COMBINATION  BLUE  AND
 AMBER  LIGHTS  PURSUANT TO THE PROVISIONS OF PARAGRAPH THREE OR SUBPARA-
 GRAPH B-1 OF PARAGRAPH FOUR, AS APPLICABLE, 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 (I) such hazard vehicle
 displaying one or more amber lights pursuant to the provisions of  para-
 graph  three  of subdivision forty-one of section three hundred seventy-
 five of this chapter OR (II) SUCH HAZARD VEHICLE DESIGNED FOR THE TOWING
 OR PUSHING OF DISABLED VEHICLES DISPLAYING ONE OR MORE AMBER  LIGHTS  OR
 ONE  OR  MORE  BLUE OR COMBINATION BLUE AND AMBER LIGHTS PURSUANT TO THE
 PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 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 and eleven hundred twenty-eight of this title.
   § 4. This act shall take effect immediately.