BILL NO S07133
SAME AS No same as
SPONSOR GALLIVAN
COSPNSR
MLTSPNSR
Amd S1104, V & T L
Exempts emergency vehicles from obedience to traffic laws when involved in
emergency operations.
S T A T E O F N E W Y O R K
________________________________________________________________________
7133
I N S E N A T E
April 30, 2012
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to exempting
authorized emergency vehicles from obedience to traffic laws when
involved in an emergency operation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1104 of the vehicle and traffic law, subdivision
2 (a) as amended by chapter 197 of the laws of 1970, subdivisions (c) and
3 (d) as amended by chapter 606 of the laws of 1994, subdivision (e) as
4 relettered by chapter 336 of the laws of 1968, and subdivision (f) as
5 added by chapter 400 of the laws of 1975, is amended to read as follows:
6 S 1104. Authorized emergency vehicles. (a) [The driver of an author-
7 ized emergency vehicle, when involved in an emergency operation, may
8 exercise the privileges set forth in this section, but subject to the
9 conditions herein stated.] UNLESS OTHERWISE MADE SPECIFICALLY APPLICA-
10 BLE, THE PROVISIONS OF THIS TITLE, EXCEPT THE PROVISIONS OF SECTIONS
11 ELEVEN HUNDRED NINETY-TWO THROUGH ELEVEN HUNDRED NINETY-SIX, SHALL NOT
12 APPLY TO THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE WHEN INVOLVED IN
13 AN EMERGENCY OPERATION PROVIDED THAT WHEN PROCEEDING PAST A STEADY RED
14 SIGNAL, A FLASHING RED SIGNAL OR A STOP SIGN, THE DRIVER MUST HAVE
15 SLOWED DOWN AS MAY BE NECESSARY FOR SAFE OPERATION AND WHEN EXCEEDING
16 MAXIMUM SPEED LIMITS, THE DRIVER DOES NOT ENDANGER LIFE OR PROPERTY. ANY
17 AUTHORIZED EMERGENCY VEHICLE ACTING PURSUANT TO THIS SUBDIVISION MUST
18 STILL DRIVE WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS, NOR SHALL
19 SUCH PROVISIONS PROTECT THE DRIVER FROM THE CONSEQUENCES OF HIS RECKLESS
20 DISREGARD FOR THE SAFETY OF OTHERS.
21 (b) [The driver of an authorized emergency vehicle may:
22 1. Stop, stand or park irrespective of the provisions of this title;
23 2. Proceed past a steady red signal, a flashing red signal or a stop
24 sign, but only after slowing down as may be necessary for safe opera-
25 tion;
26 3. Exceed the maximum speed limits so long as he does not endanger
27 life or property;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15557-01-2
S. 7133 2
1 4. Disregard regulations governing directions of movement or turning
2 in specified directions.
3 (c) Except for an authorized emergency vehicle operated as a police
4 vehicle or bicycle, the] THE exemptions herein granted to an authorized
5 emergency vehicle shall apply only when audible signals are sounded from
6 any said vehicle while in motion by bell, horn, siren, electronic device
7 or exhaust whistle [as may be reasonably necessary], and when the vehi-
8 cle is equipped with AND HAS IN USE at least one lighted lamp so that
9 from any direction, under normal atmospheric conditions from a distance
10 of five hundred feet from such vehicle, at least one red light will be
11 displayed and visible.
12 [(d)] (C) An authorized emergency vehicle operated as a police, sher-
13 iff or deputy sheriff vehicle may exceed the maximum speed limits for
14 the purpose of calibrating such vehicles' speedometer. Notwithstanding
15 any other law, rule or regulation to the contrary, a police, sheriff or
16 deputy sheriff bicycle operated as an authorized emergency vehicle shall
17 not be prohibited from using any sidewalk, highway, street or roadway
18 during an emergency operation.
19 [(e) The foregoing provisions shall not relieve the driver of an
20 authorized emergency vehicle from the duty to drive with due regard for
21 the safety of all persons, nor shall such provisions protect the driver
22 from the consequences of his reckless disregard for the safety of
23 others.
24 (f)] (D) Notwithstanding any other law, rule or regulation to the
25 contrary, an ambulance operated in the course of an emergency shall not
26 be prohibited from using any highway, street or roadway; provided,
27 however, that an authority having jurisdiction over any such highway,
28 street or roadway may specifically prohibit travel thereon by ambulances
29 if such authority shall deem such travel to be extremely hazardous and
30 would endanger patients being transported thereby.
31 S 2. This act shall take effect immediately.
