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STATE OF NEW YORK ________________________________________________________________________ 8702 IN ASSEMBLY January 13, 2016 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred 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 or hazard vehicle or volunteer first responder 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 458 of the laws of 2011, subdivision (a) as amended by chap- 3 ter 248 of the laws of 2013, is amended to read as follows: 4 § 1144-a. Operation of vehicles when approaching a parked, stopped or 5 standing authorized emergency [ vehicle] or hazard vehicle or volunteer 6 first responder. (a) Every operator of a motor vehicle shall exercise 7 due care to avoid colliding with [ an authorized emergency] a designated 8 vehicle which is parked, stopped or standing on the shoulder, travel 9 lanes or any portion of [ such] a public highway and such [ authorized10 emergency] designated vehicle is displaying one or more red or combina- 11 tion red and white, amber, blue or green lights pursuant to the 12 provisions of paragraph two, three, four or five of subdivision forty- 13 one of section three hundred seventy-five of this chapter [ or is14 displaying one or more blue, combination blue and red or combination15 blue, red and white lights pursuant to the provisions of subparagraph b16 of paragraph four of subdivision forty-one of section three hundred17 seventy-five of this chapter]. For operators of motor vehicles on park- 18 ways, public highways or controlled access highways, such due care shall 19 include, but not be limited to, moving from a lane which contains or is 20 immediately adjacent to the shoulder or lane where such [ authorized21 emergency] designated vehicle displaying one or more red[ , blue or22 white] or [ any] combination of red and white, amber, blue or green 23 lights [ or blue or combination blue and red or combination blue, red and24 white lights] pursuant to the provisions of paragraph two [ or subpara-25 graph b of paragraph four, as applicable], three, four or five of subdi- 26 vision forty-one of section three hundred seventy-five of this chapter 27 is parked, stopped or standing to another lane, provided [ that suchEXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01976-01-5A. 8702 2 1 movement otherwise complies with the requirements of this chapter2 including, but not limited to, the provisions of sections eleven hundred3 ten of this title and eleven hundred twenty-eight of this title] a driv- 4 er required to move from a lane pursuant to this section should, wherev- 5 er possible, comply with the provisions of this chapter, but in the 6 event such compliance would prevent a driver from moving to another 7 lane, the driver may disregard any prohibitive lane markings or traffic 8 control devices as an emergency measure intended to prevent an imminent 9 collision. Such emergency measure may only be utilized when the driver 10 is able to move from the driver's lane safely. In the event that condi- 11 tions prevent a driver from moving to another lane safely, the driver 12 shall be required to reduce the speed of the driver's vehicle to a speed 13 that is reasonable and prudent under the conditions and having regard to 14 the actual and potential hazards then existing pursuant to subdivision 15 (a) of section eleven hundred eighty of this title. 16 (b) [ Every operator of a motor vehicle shall exercise due care to17 avoid colliding with a hazard vehicle which is parked, stopped or stand-18 ing on the shoulder or on any portion of such highway and such hazard19 vehicle is displaying one or more amber lights pursuant to the20 provisions of paragraph three of subdivision forty-one of section three21 hundred seventy-five of this chapter. For operators of motor vehicles on22 parkways or controlled access highways, such due care shall include, but23 not be limited to, moving from a lane which contains or is immediately24 adjacent to the shoulder where such hazard vehicle displaying one or25 more amber lights pursuant to the provisions of paragraph three of26 subdivision forty-one of section three hundred seventy-five of this27 chapter is parked, stopped or standing to another lane, provided that28 such movement otherwise complies with the requirements of this chapter29 including, but not limited to, the provisions of sections eleven hundred30 ten and eleven hundred twenty-eight of this title.] Any person who 31 violates subdivision (a) of this section and who engages in reckless 32 driving as defined in section twelve hundred twelve of this chapter, and 33 causes serious physical injury to another person shall be guilty of a 34 class E felony. 35 (c) Any person who violates subdivision (a) of this section and who 36 engages in reckless driving as defined in section twelve hundred twelve 37 of this chapter, and causes the death of another person shall be guilty 38 of a class D felony. 39 § 2. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law.