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A08702 Text:



 
                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  [authorized

    10  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  is
    14  displaying  one  or  more  blue, combination blue and red or combination
    15  blue, red and white lights pursuant to the provisions of subparagraph  b
    16  of  paragraph  four  of  subdivision  forty-one of section three hundred
    17  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  [authorized
    21  emergency]  designated  vehicle  displaying  one  or  more red[, blue or
    22  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 and
    24  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 such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD01976-01-5

        A. 8702                             2

     1  movement otherwise  complies  with  the  requirements  of  this  chapter
     2  including, but not limited to, the provisions of sections eleven hundred
     3  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 to
    17  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  hazard
    19  vehicle  is  displaying  one  or  more  amber  lights  pursuant  to  the
    20  provisions of paragraph three of subdivision forty-one of section  three
    21  hundred seventy-five of this chapter. For operators of motor vehicles on
    22  parkways or controlled access highways, such due care shall include, but
    23  not  be  limited to, moving from a lane which contains or is immediately
    24  adjacent to the shoulder where such hazard  vehicle  displaying  one  or
    25  more  amber  lights  pursuant  to  the  provisions of paragraph three of
    26  subdivision forty-one of section  three  hundred  seventy-five  of  this
    27  chapter  is  parked,  stopped or standing to another lane, provided that

    28  such movement otherwise complies with the requirements of  this  chapter
    29  including, but not limited to, the provisions of sections eleven hundred
    30  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.
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