Angelino, Barrett, Chang, Bailey, Brown E, Jensen, Miller, Giglio, Palmesano
MLTSPNSR
Amd §§1144-a & 502, V & T L
Requires 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8317
SPONSOR: Durso TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
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.
SUMMARY OF PROVISIONS:
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: (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 require-
ments 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 limited to
fines, driver violation points, and mandatory surcharges. The depart-
ment 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 transportation,
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 licensing 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.
JUSTIFICATION:
This legislation will expand the current New York State Move Over Law by
requiring drivers who cannot safely change lanes when approaching a
stopped or parked emergency or hazard vehicle to reduce speed to a level
that is both reasonable and prudent for the given circumstances, and in
no event greater than 10 miles per hour below the posted speed limit
when the speed limit is25 miles per hour or greater, or 5 miles per hour
when the posted speed limit is 20 miles per hour or less, whichever is
lower to deter dangerous driving behaviors and protect vehicles or indi-
viduals on the shoulder or side of highway. The department will develop
written materials detailing the Move Over Law and its requirements and
distribute them to individuals applying for a driver's license as well
as establish a public awareness campaign to educate motorists through
drivered programs,. electronic traffic message boards, and signage along
major roadways.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth 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 date.
STATE OF NEW YORK
________________________________________________________________________
8317
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 1144-a of the vehicle and traffic law, as amended
2 by chapter 517 of the laws of 2023, is amended to read as follows:
3 § 1144-a. Operation of vehicles when approaching [a] parked, stopped
4 or standing [authorized emergency vehicle, hazard vehicle, vehicle
5 displaying a blue or green light or certain other motor] vehicles. (a)
6 [Every operator of a motor vehicle shall exercise due care to avoid
7 colliding with an authorized emergency vehicle which is parked, stopped
8 or standing on the shoulder or any portion of such highway and such
9 authorized emergency vehicle is displaying one or more red or combina-
10 tion red and white lights pursuant to the provisions of paragraph two of
11 subdivision forty-one of section three hundred seventy-five of this
12 chapter or is displaying one or more blue, combination blue and red or
13 combination blue, red and white lights pursuant to the provisions of
14 subparagraph b of paragraph four of subdivision forty-one of section
15 three hundred seventy-five of this chapter. For operators of motor vehi-
16 cles on parkways or controlled access highways, such due care shall
17 include, but not be limited to, moving from a lane which contains or is
18 immediately adjacent to the shoulder where such authorized emergency
19 vehicle displaying one or more red, blue or white or any combination of
20 red and white lights or blue or combination blue and red or combination
21 blue, red and white lights pursuant to the provisions of paragraph two
22 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
1 forty-one of section three hundred seventy-five of this chapter is
2 parked, stopped or standing to another lane, provided that such movement
3 otherwise complies with the requirements of this chapter including, but
4 not limited to, the provisions of sections eleven hundred ten of this
5 title and eleven hundred twenty-eight of this title.
6 (b) Every operator of a motor vehicle shall exercise due care to avoid
7 colliding with a hazard vehicle which is parked, stopped or standing on
8 the shoulder or on any portion of such highway and such hazard vehicle
9 is displaying one or more amber lights pursuant to the provisions of
10 paragraph three of subdivision forty-one of section three hundred seven-
11 ty-five of this chapter or, if such hazard vehicle is designed for the
12 towing or pushing of disabled vehicles such hazard vehicle is displaying
13 one or more amber lights or one or more blue or combination blue and
14 amber lights pursuant to the provisions of paragraph three or subpara-
15 graph b-1 of paragraph four, as applicable, of subdivision forty-one of
16 section three hundred seventy-five of this chapter or, if such hazard
17 vehicle owned and operated by the state or by a county, city, town or
18 village is designed for the removal of ice and snow such hazard vehicle
19 is displaying one or more amber lights or one or more green or combina-
20 tion green and amber lights pursuant to the provisions of paragraph
21 three or subparagraph (c) of paragraph five, as applicable, of subdivi-
22 sion forty-one of section three hundred seventy-five of this chapter.
23 For operators of motor vehicles on parkways or controlled access high-
24 ways, such due care shall include, but not be limited to, moving from a
25 lane which contains or is immediately adjacent to the shoulder where (i)
26 such hazard vehicle displaying one or more amber lights pursuant to the
27 provisions of paragraph three of subdivision forty-one of section three
28 hundred seventy-five of this chapter or (ii) such hazard vehicle
29 designed for the towing or pushing of disabled vehicles displaying one
30 or more amber lights or one or more blue or combination blue and amber
31 lights pursuant to the provisions of paragraph three or subparagraph b-1
32 of paragraph four, as applicable, of subdivision forty-one of section
33 three hundred seventy-five of this chapter or (iii) such hazard vehicle
34 owned and operated by the state or by a county, city, town or village is
35 displaying one or more amber lights or one or more green or combination
36 green and amber lights pursuant to the provisions of paragraph three or
37 subparagraph (c) of paragraph five, as applicable, of subdivision
38 forty-one of section three hundred seventy-five of this chapter, is
39 parked, stopped or standing to another lane, provided that such movement
40 otherwise complies with the requirements of this chapter including, but
41 not limited to, the provisions of sections eleven hundred ten and eleven
42 hundred twenty-eight of this title.
43 (c) Every operator of a motor vehicle shall exercise due care to avoid
44 colliding with a vehicle displaying a blue light pursuant to the
45 provisions of paragraph four or a green light pursuant to the provisions
46 of paragraph five of subdivision forty-one of section three hundred
47 seventy-five of this chapter which is parked, stopped or standing on the
48 shoulder or any portion of such highway. For operators of motor vehicles
49 on parkways or controlled access highways, such due care shall include,
50 but not be limited to, moving from a lane which contains or is imme-
51 diately adjacent to the shoulder where such vehicle displaying a blue
52 light pursuant to the provisions of paragraph four or a green light
53 pursuant to the provisions of paragraph five of subdivision forty-one of
54 section three hundred seventy-five of this chapter is parked, stopped or
55 standing to another lane, provided that such movement otherwise complies
56 with the requirements of this chapter including, but not limited to, the
A. 8317 3
1 provisions of sections eleven hundred ten and eleven hundred twenty-
2 eight of this title.
3 (d)] Every operator of a motor vehicle on a [parkway and on a cont-
4 rolled-access] highway shall exercise due care to avoid colliding with a
5 motor vehicle which is parked, stopped or standing on the shoulder or
6 any portion of such [parkway or controlled-access] highway. For the
7 purposes of this [subdivision] section, such due care shall include, but
8 not be limited to[,]:
9 (i) moving from a lane which contains or is immediately adjacent to
10 the shoulder where such motor vehicle is parked, stopped or standing to
11 another lane, provided that such movement otherwise complies with the
12 requirements of this chapter including, but not limited to, the
13 provisions of sections eleven hundred ten and eleven hundred twenty-
14 eight of this title.
15 (ii) for such operators who are unable to safely move from the lane
16 which contains or is immediately adjacent to the shoulder where such
17 motor vehicle is parked, stopped or standing in compliance with the
18 requirements of this chapter including, but not limited to, the
19 provisions of sections eleven hundred ten and eleven hundred twenty-
20 eight of this title, reducing speed to a level that is both reasonable
21 and prudent for the given circumstances, and is in no event greater than
22 ten miles per hour below the posted speed limit when the speed limit is
23 twenty-five miles per hour or greater, or five miles per hour when the
24 posted speed limit is twenty miles per hour or less, whichever is lower.
25 (b) Violations of paragraphs (i) and (ii) of subdivision (a) of this
26 section shall be subject to the same penalties, including but not limit-
27 ed to fines, driver violation points, and mandatory surcharges. The
28 department is authorized and directed to increase penalties for repeat
29 violations of this section or violations resulting in injury or death,
30 in alignment with enhanced penalty structures adopted by other states to
31 deter dangerous driving behaviors and protect roadside workers.
32 (c) The department, in consultation with the department of transporta-
33 tion, shall:
34 (i) develop and distribute comprehensive written materials detailing
35 the move over law and its requirements to all applicants for a driver's
36 license, as well as make such materials readily available at all licens-
37 ing offices statewide.
38 (ii) display move-over safety reminders prominently on electronic
39 traffic message boards and other appropriate signage along highways and
40 major roadways throughout the state.
41 (iii) integrate and enhance instruction on the move over law within
42 existing driver education programs, new driver curricula, and all public
43 awareness campaigns, ensuring the law's provisions and safety rationale
44 are clearly communicated to all motorists.
45 § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
46 of the vehicle and traffic law, as amended by chapter 379 of the laws of
47 2022, is amended to read as follows:
48 (i) Upon submission of an application for a driver's license, the
49 applicant shall be required to take and pass a test, or submit evidence
50 of passage of a test, with respect to the laws relating to traffic, the
51 laws relating to driving while ability is impaired and while intoxicat-
52 ed, under the overpowering influence of "Road Rage", "Work Zone Safety"
53 awareness, "Motorcycle Safety" awareness and "Pedestrian and Bicyclist
54 Safety" awareness as defined by the commissioner, "School Bus Safety"
55 awareness, the law relating to exercising due care to avoid colliding
56 with [a] any parked, stopped or standing [authorized emergency vehicle
A. 8317 4
1 or hazard] vehicle pursuant to section eleven hundred forty-four-a of
2 this chapter including, but not limited to, the obligation to change
3 lanes or reduce speed, the ability to read and comprehend traffic signs
4 and symbols and such other matters as the commissioner may prescribe,
5 and to satisfactorily complete a course prescribed by the commissioner
6 of not less than four hours and not more than five hours, consisting of
7 classroom driver training and highway safety instruction or the equiv-
8 alent thereof. Such test shall include at least seven written questions
9 concerning the effects of consumption of alcohol or drugs on the ability
10 of a person to operate a motor vehicle and the legal and financial
11 consequences resulting from violations of section eleven hundred nine-
12 ty-two of this chapter, prohibiting the operation of a motor vehicle
13 while under the influence of alcohol or drugs. Such test shall include
14 one or more written questions concerning the devastating effects of
15 "Road Rage" on the ability of a person to operate a motor vehicle and
16 the legal and financial consequences resulting from assaulting, threat-
17 ening or interfering with the lawful conduct of another person legally
18 using the roadway. Such test shall include one or more questions
19 concerning the potential dangers to persons and equipment resulting from
20 the unsafe operation of a motor vehicle in a work zone. Such test may
21 include one or more questions concerning motorcycle safety. Such test
22 may include one or more questions concerning the law for exercising due
23 care to avoid colliding with a parked, stopped or standing vehicle
24 pursuant to section eleven hundred forty-four-a of this chapter. Such
25 test may include one or more questions concerning school bus safety.
26 Such test may include one or more questions concerning pedestrian and
27 bicyclist safety. Such test shall be administered by the commissioner.
28 The commissioner shall cause the applicant to take a vision test and a
29 test for color blindness. Upon passage of the vision test, the applica-
30 tion may be accepted and the application fee shall be payable.
31 § 3. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law. Effective immediately, the addition, amend-
33 ment and/or repeal of any rule or regulation necessary for the implemen-
34 tation of this act on its effective date are authorized to be made and
35 completed on or before such date.
