NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8978
SPONSOR: Kay TITLE OF BILL:
An act directing the commissioner of motor vehicles to designate failure
to move over a five point violation
PURPOSE:
Directs the commissioner of motor vehicles to make failure to move over
a five point violation.
SUMMARY OF PROVISIONS:
Section 1: The Commissioner of Motor Vehicles shall include a violation
involving 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 pursuant to
section 1144-a of the vehicle and traffic law as a five point traffic
violation in 15 NYCRR 131.3.
Section 2: Establishes the effective date.
JUSTIFICATION:
Move Over laws are designed to protect everyone working on the side of
the road, whether an emergency responder or a highway worker. Drivers,
road workers, first responders, and anyone facing the unfortunate reali-
ty of being stranded on the roadside all depend on these laws for the
peace of mind that they can do their job without risking injury or life.
The side of the road, it actually is the office for our highway workers.
They show up in rain, snow, and extreme heat to ensure our roads are
safe to travel. These individuals deserve our respect-and our
protection. In 2024 alone, there were 322 intrusions into DOT work
zones, resulting in two deaths and more than 130 injuries. The current
penalties for violating Move Over laws are not a strong enough deterrent
for the reckless and selfish drivers who continue to endanger lives.
These incidents are entirely preventable.
Our first responders, who answer every call, also work in hazardous
conditions along our highways. They respond to chaotic scenes where
every second and every inch matter. Without strong and enforceable Move
Over laws, their jobs become not only more difficult but exponentially
more dangerous.
We must do more to ensure drivers comply with Move Over laws. Increas-
ing the number of points assigned for violations is the most equitable
and effective way to deter dangerous driving behavior, regardless of a
person's income level.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.
EFFECTIVE DATE:
This act shall take effect on the thirteenth 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.
STATE OF NEW YORK
________________________________________________________________________
8978
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. KAY -- read once and referred to the Committee on
Transportation
AN ACT directing the commissioner of motor vehicles to designate failure
to move over a five point violation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The commissioner of motor vehicles shall include a
2 violation involving operation of vehicles when approaching a parked,
3 stopped or standing authorized emergency vehicle, hazard vehicle, vehi-
4 cle displaying a blue or green light or certain other motor vehicles
5 pursuant to section 1144-a of the vehicle and traffic law as a five
6 point traffic violation in 15 NYCRR 131.3.
7 § 2. This act shall take effect on the thirtieth day after it shall
8 have become a law. Effective immediately, the addition, amendment and/or
9 repeal of any rule or regulation necessary for the implementation of
10 this act on its effective date are authorized to be made and completed
11 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13420-01-5
