Assembly Bill A811A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  811--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. WALLACE, NORRIS, McMAHON, LUPARDO, TAGUE -- read
   once and referred to the  Committee  on  Transportation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to amend the vehicle and traffic law, in relation to the use of
   green lights on municipal hazard vehicles designed for  ice  and  snow
   removal  and in relation to the operation of vehicles when approaching
   such a parked, stopped or standing hazard vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5 of subdivision 41 of section 375 of the vehicle
 and  traffic law, as added by chapter 197 of the laws of 1970, the open-
 ing paragraph as amended by chapter 349 of the laws of 2004, is  amended
 to read as follows:
   5.  Green light. (A) One green light may be affixed to any motor vehi-
 cle owned by a member of a volunteer ambulance service, or  on  a  motor
 vehicle  owned  by  a  member  of such person's family, or by a business
 enterprise in which such person has a proprietary interest or  by  which
 he  is  employed, provided such member has been authorized in writing to
 so affix a green light by the chief officer of such  service  as  desig-
 nated  by  the members thereof. Such green light may be displayed exclu-
 sively by such member of a volunteer ambulance service only when engaged
 in an emergency operation. The use of green lights on vehicles shall  be
 restricted  for use only by a member of a volunteer ambulance service as
 provided for in this paragraph  EXCEPT  AS  OTHERWISE  PROVIDED  FOR  IN
 SUBPARAGRAPH C OF THIS PARAGRAPH.
   (B)  As used in this paragraph volunteer ambulance service means: [a.]
 (I) a non-profit membership corporation (other than a fire  corporation)
 incorporated under or subject to the provisions of the membership corpo-
 rations  law, or any other law, operating its ambulance or ambulances on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02241-02-1

 A. 811--A                           2
 
 a non-profit basis for the convenience of the members thereof and  their
 families  or  of  the community or under a contract with a county, city,
 town or village pursuant to section  one  hundred  twenty-two-b  of  the
 general municipal law; or
   [b.] (II) an unincorporated association of persons operating its ambu-
 lance  or  ambulances  on  a non-profit basis for the convenience of the
 members and their families or of the community.
   (C)(I) IN ADDITION TO THE  AMBER  LIGHT  AUTHORIZED  TO  BE  DISPLAYED
 PURSUANT  TO  PARAGRAPH  THREE  OF  THIS  SUBDIVISION, ONE OR MORE GREEN
 LIGHTS OR COMBINATION GREEN AND AMBER LIGHTS MAY BE AFFIXED TO A  HAZARD
 VEHICLE  DESIGNED  FOR  ICE  AND  SNOW REMOVAL OWNED AND OPERATED BY THE
 STATE OR BY A COUNTY, CITY, TOWN OR VILLAGE. SUCH GREEN LIGHT OR  LIGHTS
 MAY  BE  DISPLAYED ON A HAZARD VEHICLE DESIGNED FOR ICE AND SNOW REMOVAL
 OWNED AND OPERATED BY THE STATE OR BY A COUNTY, CITY,  TOWN  OR  VILLAGE
 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 GREEN LIGHTS ON HAZARD VEHICLES DESIGNED FOR ICE AND SNOW REMOVAL
 OWNED  AND  OPERATED  BY THE STATE OR BY A COUNTY, CITY, TOWN OR VILLAGE
 UNLESS SUCH HAZARD VEHICLES ALSO DISPLAY ONE OR  MORE  AMBER  LIGHTS  AS
 OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
   (II)  THE  COMMISSIONER  IS  AUTHORIZED  TO PROMULGATE RULES AND REGU-
 LATIONS RELATING TO THE USE,  PLACEMENT,  POWER  AND  DISPLAY  OF  GREEN
 LIGHTS  ON  A HAZARD VEHICLE DESIGNED FOR ICE AND SNOW REMOVAL OWNED AND
 OPERATED BY THE STATE OR BY A COUNTY, CITY, TOWN OR VILLAGE.
   § 2. Subdivision (b) of section 1144-a of the vehicle and traffic law,
 as amended by section 3 of part C of chapter 58 of the laws of 2020,  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 OR,  IF  SUCH  HAZARD
 VEHICLE  OWNED  AND  OPERATED BY THE STATE OR BY A COUNTY, CITY, TOWN OR
 VILLAGE IS DESIGNED FOR THE REMOVAL OF ICE AND SNOW SUCH HAZARD  VEHICLE
 IS  DISPLAYING ONE OR MORE AMBER LIGHTS OR ONE OR MORE GREEN OR COMBINA-
 TION GREEN AND AMBER LIGHTS PURSUANT  TO  THE  PROVISIONS  OF  PARAGRAPH
 THREE  OR SUBPARAGRAPH (C) OF PARAGRAPH FIVE, AS APPLICABLE, OF SUBDIVI-
 SION 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 (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
 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

 A. 811--A                           3
 
 three  hundred seventy-five of this chapter OR (III) SUCH HAZARD VEHICLE
 OWNED AND OPERATED BY THE STATE OR BY A COUNTY, CITY, TOWN OR VILLAGE IS
 DISPLAYING ONE OR MORE AMBER LIGHTS OR ONE OR MORE GREEN OR  COMBINATION
 GREEN  AND AMBER LIGHTS PURSUANT TO THE PROVISIONS OF PARAGRAPH THREE OR
 SUBPARAGRAPH (C)  OF  PARAGRAPH  FIVE,  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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.