S T A T E O F N E W Y O R K
________________________________________________________________________
1100
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. ZEBROWSKI, COLTON, CAHILL, GUNTHER, LUPARDO,
GOTTFRIED, OTIS, GALEF, PAULIN, SANTABARBARA -- Multi-Sponsored by --
M. of A. BRAUNSTEIN, COOK, ENGLEBRIGHT, GLICK, JEAN-PIERRE -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring an
operator of a motor vehicle to exercise due care to avoid colliding
with a vehicle in distress which is parked, stopped, or standing on
the shoulder of a highway
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 159-b to read as follows:
§ 159-B. VEHICLE IN DISTRESS. A VEHICLE WHICH IS PARKED, STOPPED, OR
STANDING ON THE SHOULDER OF A HIGHWAY, INTERSTATE, PARKWAY, OR ROAD THAT
IS EXPERIENCING AN EMERGENCY CONDITION. A VEHICLE IN DISTRESS MAY BE
IDENTIFIED BY SEVERAL FEATURES INCLUDING BUT NOT LIMITED TO FLASHING
AMBER HAZARD WARNING LIGHTS, ROAD FLARES, ORANGE REFLECTIVE TRIANGLE,
WHITE FLAG IN THE WINDOW, OR ABNORMAL SMOKE COMING FROM THE VEHICLE.
§ 2. 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, subdivision
(a) as amended by chapter 248 of the laws of 2013, and subdivision (b)
as amended by section 3 of part C of chapter 58 of the laws of 2020, 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 blue or green light OR VEHICLE IN DISTRESS. (a) Every opera-
tor of a motor vehicle shall exercise due care to avoid colliding with
an authorized emergency vehicle which is parked, stopped or standing on
the shoulder or any portion of such highway and such authorized emergen-
cy vehicle is displaying one or more red or combination red and white
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05090-01-1
A. 1100 2
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 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 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 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 stand-
ing 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) 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.
(c) 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
A. 1100 3
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.
(D) EVERY OPERATOR OF A MOTOR VEHICLE SHALL EXERCISE DUE CARE TO AVOID
COLLIDING WITH A VEHICLE IN DISTRESS WHICH IS PARKED, STOPPED, OR STAND-
ING ON THE SHOULDER OF A 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 IMMEDIATELY
ADJACENT TO THE SHOULDER WHERE SUCH A VEHICLE IN DISTRESS IS PARKED,
STOPPED OR STANDING TO ANOTHER LANE, PROVIDED THAT SUCH MOVEMENT OTHER-
WISE 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.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.