Assembly Bill A9799

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9799
 
                           I N  A S S E M B L Y
 
                             February 13, 2020
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  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 WHICH  IS ENGAGED
 IN HIGHWAY MAINTENANCE, ICE AND SNOW REMOVAL, OR  IS  DESIGNED  FOR  THE
 TOWING OR PUSHING OF DISABLED VEHICLES WHERE SUCH OPERATION INVOLVES THE
 USE OF A PUBLIC HIGHWAY.
   §  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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05153-04-0

 A. 9799                             2
 
 COMBINATION  BLUE  AND  AMBER  LIGHTS MAY BE AFFIXED TO A HAZARD VEHICLE
 WHICH IS ENGAGED IN HIGHWAY MAINTENANCE, ICE AND  SNOW  REMOVAL,  OR  IS
 DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES WHERE SUCH OPER-
 ATION INVOLVES THE USE OF A PUBLIC HIGHWAY PROVIDED THAT SUCH BLUE LIGHT
 OR  LIGHTS  SHALL BE DISPLAYED ON SUCH A HAZARD VEHICLE FOR REAR PROJEC-
 TION ONLY. SUCH BLUE LIGHT OR LIGHTS MAY BE DISPLAYED ON A HAZARD  VEHI-
 CLE WHICH IS ENGAGED IN HIGHWAY MAINTENANCE, ICE AND SNOW REMOVAL, OR IS
 DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES WHERE SUCH OPER-
 ATION  INVOLVES THE USE OF A PUBLIC HIGHWAY 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 WHICH ARE ENGAGED IN HIGHWAY MAINTENANCE, ICE  AND  SNOW
 REMOVAL,  OR ARE DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES
 WHERE SUCH OPERATION INVOLVES THE USE OF A PUBLIC  HIGHWAY  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 ENGAGED IN HIGHWAY
 MAINTENANCE, ICE AND SNOW REMOVAL, OR IS  DESIGNED  FOR  THE  TOWING  OR
 PUSHING  OF DISABLED VEHICLES WHERE SUCH OPERATION INVOLVES THE USE OF A
 PUBLIC HIGHWAY AND 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 SUBPARAGRAPH 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 park-
 ways or controlled access highways, such due care shall include, but not
 be limited to, moving from a lane which contains or is immediately adja-
 cent to the shoulder where (I) 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  OR  (II) SUCH HAZARD VEHICLE IS ENGAGED IN HIGHWAY MAINTENANCE,
 ICE AND SNOW REMOVAL, OR IS DESIGNED FOR THE TOWING OR PUSHING OF  DISA-
 BLED  VEHICLES WHERE SUCH OPERATION INVOLVES THE USE OF A PUBLIC HIGHWAY
 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.