S T A T E O F N E W Y O R K
________________________________________________________________________
8317
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
all vehicles move over or slow down for parked, stopped and standing
vehicles on highways, requiring the inclusion of at least one question
regarding such requirement on the state driver's license examination,
and requires public education measures on such requirement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1144-a of the vehicle and traffic law, as amended
by chapter 517 of the laws of 2023, is amended to read as follows:
§ 1144-a. Operation of vehicles when approaching [a] parked, stopped
or standing [authorized emergency vehicle, hazard vehicle, vehicle
displaying a blue or green light or certain other motor] vehicles. (a)
[Every operator 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 emergency vehicle is displaying one or more red or combina-
tion red and white 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 vehi-
cles 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11954-01-5
A. 8317 2
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 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 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
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.
(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
with the requirements of this chapter including, but not limited to, the
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provisions of sections eleven hundred ten and eleven hundred twenty-
eight of this title.
(d)] Every operator of a motor vehicle on a [parkway and on a cont-
rolled-access] highway shall exercise due care to avoid colliding with a
motor vehicle which is parked, stopped or standing on the shoulder or
any portion of such [parkway or controlled-access] highway. For the
purposes of this [subdivision] SECTION, such due care shall include, but
not be limited to[,]:
(I) moving from a lane which contains or is immediately adjacent to
the shoulder where such motor vehicle 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.
(II) FOR SUCH OPERATORS WHO ARE UNABLE TO SAFELY MOVE FROM THE LANE
WHICH CONTAINS OR IS IMMEDIATELY ADJACENT TO THE SHOULDER WHERE SUCH
MOTOR VEHICLE IS PARKED, STOPPED OR STANDING IN COMPLIANCE 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, REDUCING SPEED TO A LEVEL THAT IS BOTH REASONABLE
AND PRUDENT FOR THE GIVEN CIRCUMSTANCES, AND IS IN NO EVENT GREATER THAN
TEN MILES PER HOUR BELOW THE POSTED SPEED LIMIT WHEN THE SPEED LIMIT IS
TWENTY-FIVE MILES PER HOUR OR GREATER, OR FIVE MILES PER HOUR WHEN THE
POSTED SPEED LIMIT IS TWENTY MILES PER HOUR OR LESS, WHICHEVER IS LOWER.
(B) VIOLATIONS OF PARAGRAPHS (I) AND (II) OF SUBDIVISION (A) OF THIS
SECTION SHALL BE SUBJECT TO THE SAME PENALTIES, INCLUDING BUT NOT LIMIT-
ED TO FINES, DRIVER VIOLATION POINTS, AND MANDATORY SURCHARGES. THE
DEPARTMENT IS AUTHORIZED AND DIRECTED TO INCREASE PENALTIES FOR REPEAT
VIOLATIONS OF THIS SECTION OR VIOLATIONS RESULTING IN INJURY OR DEATH,
IN ALIGNMENT WITH ENHANCED PENALTY STRUCTURES ADOPTED BY OTHER STATES TO
DETER DANGEROUS DRIVING BEHAVIORS AND PROTECT ROADSIDE WORKERS.
(C) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
TION, SHALL:
(I) DEVELOP AND DISTRIBUTE COMPREHENSIVE WRITTEN MATERIALS DETAILING
THE MOVE OVER LAW AND ITS REQUIREMENTS TO ALL APPLICANTS FOR A DRIVER'S
LICENSE, AS WELL AS MAKE SUCH MATERIALS READILY AVAILABLE AT ALL LICENS-
ING OFFICES STATEWIDE.
(II) DISPLAY MOVE-OVER SAFETY REMINDERS PROMINENTLY ON ELECTRONIC
TRAFFIC MESSAGE BOARDS AND OTHER APPROPRIATE SIGNAGE ALONG HIGHWAYS AND
MAJOR ROADWAYS THROUGHOUT THE STATE.
(III) INTEGRATE AND ENHANCE INSTRUCTION ON THE MOVE OVER LAW WITHIN
EXISTING DRIVER EDUCATION PROGRAMS, NEW DRIVER CURRICULA, AND ALL PUBLIC
AWARENESS CAMPAIGNS, ENSURING THE LAW'S PROVISIONS AND SAFETY RATIONALE
ARE CLEARLY COMMUNICATED TO ALL MOTORISTS.
§ 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 379 of the laws of
2022, is amended to read as follows:
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", "Work Zone Safety"
awareness, "Motorcycle Safety" awareness and "Pedestrian and Bicyclist
Safety" awareness as defined by the commissioner, "School Bus Safety"
awareness, the law relating to exercising due care to avoid colliding
with [a] ANY parked, stopped or standing [authorized emergency vehicle
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or hazard] vehicle pursuant to section eleven hundred forty-four-a of
this chapter INCLUDING, BUT NOT LIMITED TO, THE OBLIGATION TO CHANGE
LANES OR REDUCE SPEED, the ability to read and comprehend traffic signs
and symbols and such other matters as the commissioner may prescribe,
and to satisfactorily complete a course prescribed by the commissioner
of not less than four hours and not more than five hours, consisting of
classroom driver training and highway safety instruction or the equiv-
alent thereof. Such test shall include at least seven written questions
concerning the effects of consumption of alcohol or drugs on the ability
of a person to operate a motor vehicle and the legal and financial
consequences resulting from violations of section eleven hundred nine-
ty-two of this chapter, prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test shall include
one or more written questions concerning the devastating effects of
"Road Rage" on the ability of a person to operate a motor vehicle and
the legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another person legally
using the roadway. Such test shall include one or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone. Such test may
include one or more questions concerning motorcycle safety. Such test
may include one or more questions concerning the law for exercising due
care to avoid colliding with a parked, stopped or standing vehicle
pursuant to section eleven hundred forty-four-a of this chapter. Such
test may include one or more questions concerning school bus safety.
Such test may include one or more questions concerning pedestrian and
bicyclist safety. Such test shall be administered by the commissioner.
The commissioner shall cause the applicant to take a vision test and a
test for color blindness. Upon passage of the vision test, the applica-
tion may be accepted and the application fee shall be payable.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.