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A08702 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8702--A
 
                   IN ASSEMBLY
 
                                    January 13, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
          tion of vehicles when approaching a parked, stopped or standing  vehi-
          cle displaying a blue or green light

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 502 of  the  vehicle  and  traffic
     2  law,  as  amended by chapter 458 of the laws of 2011, is amended to read
     3  as follows:
     4    3. Application for learner's permit. An application  for  a  learner's
     5  permit  shall  be included in the application for a license. A learner's
     6  permit shall be issued in such form as the commissioner shall  determine
     7  but shall not be issued unless the applicant has successfully passed the
     8  vision test required by this section and the test set forth in paragraph
     9  (a) of subdivision four of this section with respect to laws relating to
    10  traffic and ability to read and comprehend traffic signs and symbols and
    11  has  satisfactorily  completed any course required pursuant to paragraph
    12  (a) of subdivision four of this section. Upon acceptance of an  applica-
    13  tion for a learner's permit the commissioner shall provide the applicant
    14  with  a  driver's  manual  which includes but is not limited to the laws
    15  relating to traffic, the laws relating to and physiological  effects  of
    16  driving  while  ability  impaired and driving while intoxicated, the law
    17  for exercising due care to avoid colliding with  a  parked,  stopped  or
    18  standing  [authorized  emergency  vehicle or hazard] vehicle pursuant to
    19  section eleven hundred forty-four-a of  this  chapter,  explanations  of
    20  traffic signs and symbols and such other matters as the commissioner may
    21  prescribe.
    22    § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
    23  of the vehicle and traffic law, as amended by chapter 458 of the laws of
    24  2011, is amended to read as follows:
    25    (i)  Upon  submission  of  an  application for a driver's license, the
    26  applicant shall be required to take and pass a test, or submit  evidence
    27  of  passage of a test, with respect to the laws relating to traffic, the
    28  laws relating to driving while ability is impaired and while  intoxicat-
    29  ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01976-04-6

        A. 8702--A                          2
 
     1  ty"  awareness as defined by the commissioner, the law relating to exer-
     2  cising due care to avoid colliding with a parked,  stopped  or  standing
     3  authorized emergency vehicle or hazard vehicle pursuant to section elev-
     4  en hundred forty-four-a of this chapter, the ability to read and compre-
     5  hend traffic signs and symbols and such other matters as the commission-
     6  er  may prescribe, and to satisfactorily complete a course prescribed by
     7  the commissioner of not less than four hours  and  not  more  than  five
     8  hours,  consisting  of  classroom  driver  training  and  highway safety
     9  instruction or the equivalent thereof. Such test shall include at  least
    10  seven written questions concerning the effects of consumption of alcohol
    11  or  drugs  on the ability of a person to operate a motor vehicle and the
    12  legal and financial consequences resulting from  violations  of  section
    13  eleven  hundred ninety-two of this chapter, prohibiting the operation of
    14  a motor vehicle while under the influence of alcohol or drugs. Such test
    15  shall include one or more written questions concerning  the  devastating
    16  effects  of  "Road  Rage"  on the ability of a person to operate a motor
    17  vehicle and the legal and financial consequences resulting from assault-
    18  ing, threatening or interfering  with  the  lawful  conduct  of  another
    19  person  legally  using  the roadway. Such test shall include one or more
    20  questions concerning the potential  dangers  to  persons  and  equipment
    21  resulting  from  the unsafe operation of a motor vehicle in a work zone.
    22  Such test may include one or more questions concerning the law for exer-
    23  cising due care to avoid colliding with a parked,  stopped  or  standing
    24  [authorized  emergency  vehicle  or  hazard] vehicle pursuant to section
    25  eleven hundred forty-four-a of this chapter. Such test shall be adminis-
    26  tered by the commissioner. The commissioner shall cause the applicant to
    27  take a vision test and a test for color blindness. Upon passage  of  the
    28  vision  test,  the  application  may be accepted and the application fee
    29  shall be payable.
    30    § 3. The section heading of section 1144-a of the vehicle and  traffic
    31  law,  as  amended by chapter 458 of the laws of 2011, is amended to read
    32  as follows:
    33    Operation of vehicles when approaching a parked, stopped  or  standing
    34  authorized  emergency  vehicle or hazard vehicle or vehicle displaying a
    35  blue or green light.
    36    § 4. Section 1144-a of the vehicle  and  traffic  law  is  amended  by
    37  adding a new subdivision (c) to read as follows:
    38    (c) Every operator of a motor vehicle shall exercise due care to avoid
    39  colliding  with  a  vehicle  displaying  a  blue  light  pursuant to the
    40  provisions of paragraph four or a green light pursuant to the provisions
    41  of paragraph five of subdivision  forty-one  of  section  three  hundred
    42  seventy-five of this chapter which is parked, stopped or standing on the
    43  shoulder or any portion of such highway. For operators of motor vehicles
    44  on  parkways or controlled access highways, such due care shall include,
    45  but not be limited to, moving from a lane which  contains  or  is  imme-
    46  diately  adjacent  to  the shoulder where such vehicle displaying a blue
    47  light pursuant to the provisions of paragraph  four  or  a  green  light
    48  pursuant to the provisions of paragraph five of subdivision forty-one of
    49  section three hundred seventy-five of this chapter is parked, stopped or
    50  standing to another lane, provided that such movement otherwise complies
    51  with the requirements of this chapter including, but not limited to, the
    52  provisions  of  sections  eleven  hundred ten and eleven hundred twenty-
    53  eight of this title.
    54    § 5. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.
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