Cahill: “Move Over” Legislation Passes the Assembly

Ensures uniform safety measures for approaching all emergency vehicles

June 15, 2011

Albany – Assemblymember Kevin Cahill (D-Ulster, Dutchess) announced the passage of major legislation that will provide standards of care to safely approach any hazard vehicle parked, stopped, or standing on the shoulder of a highway. This measure, Assembly Bill 177-B, requires all drivers to exercise caution when driving toward or passing any stopped emergency vehicle displaying its amber lights while assisting a motorist on all road-ways in New York State.

The companion legislation, sponsored by Senator Bonacic (S.2769-B), passed the full Senate on March 28 of this year. The bill will now go before the Governor for a decision.

“The passage of this significant legislation is long overdue,” said Assemblymember Cahill. “It only makes sense that the standards for approaching any vehicle answering the call of an emergency situation be consistent. By harmonizing my legislation with the Ambrose-Searles Act of 2010, drivers of tow trucks and other hazard vehicles will be provided the essential protection they deserve while on the job.”

Additionally, this bill will require the Commissioner of Motor Vehicles to include an explanation of the requirements for overtaking a stopped hazard vehicle with its hazard lights flashing. It will also mandate that applicants taking a driver’s test be questioned on the procedures for approaching and passing such vehicles.

On August 27, 2003, Village Judge Matthew Parker of Ellenville tragically lost his 21-year old son, Kyle, a tow truck driver, while he was assisting a disabled motorist on the side of the New York State Thruway. According to reports, Kyle followed all of the proper procedures. However, he was struck by a tractor trailer that drifted off to the side of the road where the assistance was being provided. Since that time, Assemblymember Cahill has been working with Judge Parker and others to make sure that Kyle’s death was not in vain.

“Changing the motor vehicle law in New York State is a significant and carefully considered action,” said Assemblymember Cahill.

“Over the last 8 years, Assemblymember Cahill has been nothing but a steadfast and determined advocate for this bill,” said Judge Matthew Parker. “I know that Kyle’s mother, Rose, my wife Lucy, and my children Joshua, Christopher and Sarah will remember this day as a day in which the highways and roads of New York State became safer for those individuals whose lives are committed to helping those in need. I cannot even begin express my gratitude to Assemblymember Cahill for his diligence and his unending efforts to bring about the passage of this legislation.”

The measure will now be sent to Governor Cuomo for his approval. If the bill is signed into law, it will be effective as of January 1, 2012.

What's New