Senate Bill S311

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    311
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO,  OBERACKER -- 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 opera-
   tion of vehicles  when  approaching  a  parked,  stopped  or  standing
   authorized emergency vehicle or hazard vehicle or vehicle displaying a
   blue or green light
 
   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  display-
 ing  a blue or green light or certain other motor vehicles. (a) 1. Every
 operator of a motor vehicle shall exercise due care to  avoid  colliding
 with  an authorized emergency vehicle which is parked, stopped or stand-
 ing on the shoulder or any portion of such highway and  such  authorized
 emergency  vehicle  is displaying one or more red or combination 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01173-01-5
 S. 311                              2
 
 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)]  2. Every operator of a motor vehicle shall exercise due care to
 avoid colliding with a hazard vehicle which is parked, stopped or stand-
 ing 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  seventy-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  para-
 graph  three  or  subparagraph  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  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. 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 paragraph three of subdivi-
 sion 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 para-
 graph 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 pursu-
 ant to the provisions of paragraph three or subparagraph  (c)  of  para-
 graph  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)] 3. 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
 S. 311                              3
 
 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.
   [(d)] 4. 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, 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 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.
   (B) 1.  AN OPERATOR OF A MOTOR VEHICLE WHO CAUSES PHYSICAL  INJURY  AS
 DEFINED  UNDER  ARTICLE  TEN  OF THE PENAL LAW AS A RESULT OF RECKLESSLY
 FAILING TO EXERCISE DUE CARE IN VIOLATION OF  SUBDIVISION  (A)  OF  THIS
 SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF
 NOT  LESS  THAN  TWO  HUNDRED  FIFTY  DOLLARS NOR MORE THAN FIVE HUNDRED
 DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. A CONVICTION
 FOR A SECOND OR ANY SUBSEQUENT VIOLATION, ANY OF  WHICH  WERE  COMMITTED
 WITHIN  A  PERIOD OF EIGHTEEN MONTHS, SHALL CONSTITUTE A CLASS E FELONY,
 PUNISHABLE BY A FINE OF NOT LESS THAN ONE THOUSAND  NOR  MORE  THAN  TWO
 THOUSAND  FIVE  HUNDRED  DOLLARS  IN  ADDITION  TO  ANY  OTHER PENALTIES
 PROVIDED BY LAW.
   2. AN OPERATOR OF A MOTOR VEHICLE  (I)  WHO  CAUSES  SERIOUS  PHYSICAL
 INJURY  AS  DEFINED  UNDER  ARTICLE  TEN OF THE PENAL LAW AS A RESULT OF
 RECKLESSLY FAILING TO EXERCISE DUE CARE IN VIOLATION OF SUBDIVISION  (A)
 OF THIS SECTION SHALL BE GUILTY OF A CLASS D FELONY PUNISHABLE BY A FINE
 OF  NOT  LESS  THAN  ONE  THOUSAND  DOLLARS  NOR MORE THAN FIVE THOUSAND
 DOLLARS IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW,  OR  (II)  WHO
 CAUSES  DEATH  AS A RESULT OF RECKLESSLY FAILING TO EXERCISE DUE CARE IN
 VIOLATION OF SUBDIVISION (A) OF THIS SECTION SHALL BE GUILTY OF A  CLASS
 C  FELONY  PUNISHABLE  BY  A FINE OF NOT LESS THAN TWO THOUSAND NOR MORE
 THAN FIVE THOUSAND DOLLARS IN ADDITION TO ANY OTHER  PENALTIES  PROVIDED
 BY  LAW,  AND  BY  SUSPENSION  OF  A LICENSE OR REGISTRATION PURSUANT TO
 SUBPARAGRAPH (XVIII) OF PARAGRAPH B OF SUBDIVISION TWO OF  SECTION  FIVE
 HUNDRED TEN OF THIS CHAPTER.
   (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "RECKLESSLY" SHALL HAVE
 THE SAME MEANING AS DEFINED IN SECTION 15.05 OF THE PENAL LAW.
   §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding a new subparagraph (xviii) to  read  as
 follows:
   (XVIII)  FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF PARAGRAPH TWO OF SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED
 FORTY-FOUR-A OF THIS CHAPTER AND THE COMMISSION OF SUCH VIOLATION CAUSED
 SERIOUS PHYSICAL INJURY TO OR DEATH OF ANOTHER PERSON.
   §  3.  The  division  of  criminal  justice services shall establish a
 public information campaign to instruct  the  public  that  operating  a
 motor  vehicle when approaching a parked, stopped or standing authorized
 emergency vehicle or hazard vehicle or  vehicle  displaying  a  blue  or
 green  light that results in physical injury, serious physical injury or
 death as a result of the operator recklessly  failing  to  exercise  due
 care to avoid a collision can result in serious criminal penalties.
   § 4. This act shall take effect immediately.