Senate Bill S80

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    80
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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 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

 S. 80                               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.