Add §§114-e, 224-b, 1809-f & 389, amd §§502, 510, 1180 & 1680, V & T L; add §§120.63, 120.65, 125.65 &
145.28, Pen L; add §85, St Fin L
Enacts the "crash zone safety act"; establishes a speed limit which is 20 miles per hour less than the posted speed limit at and near the scene of an emergency; establishes enhanced penalties and surcharges for violations thereof; requires the establishment of a public and driver education program relating to such provisions; establishes criminal penalties and civil liability for property damage, personal injury or death arising from operation of a motor vehicle in violation of such speed limit; establishes the emergency zone safety education fund.
STATE OF NEW YORK
________________________________________________________________________
6666
IN SENATE
February 3, 2016
___________
Introduced by Sen. AKSHAR -- 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, the penal law and the state
finance law, in relation to enacting the "crash zone safety act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "crash zone safety act".
3 § 2. The vehicle and traffic law is amended by adding a new section
4 114-e to read as follows:
5 § 114-e. Emergency zone. That distance along a highway extending five
6 hundred feet of longitudinal distance with the flow of traffic and visi-
7 bility from the rear of an authorized emergency vehicle, hazard vehicle
8 or volunteer first responder which is parked, stopped or standing on the
9 shoulder or any portion of such highway while such vehicle operated in
10 the course of responding to an emergency and while such vehicle is
11 displaying one or more red or combination red and white lights pursuant
12 to the provisions of paragraph two and subparagraph b of paragraph four
13 of subdivision forty-one of section three hundred seventy-five of this
14 chapter, or one or more amber lights pursuant to paragraph three of
15 subdivision forty-one of section three hundred seventy-five of this
16 chapter, or a blue light pursuant to subparagraph a of paragraph four of
17 subdivision forty-one of section three hundred seventy-five of this
18 chapter, or a green light pursuant to paragraph five of subdivision
19 forty-one of section three hundred seventy-five of this chapter, to a
20 point five hundred feet past any such vehicle, or five hundred feet past
21 an emergency zone sign to a point five hundred feet past any such vehi-
22 cle, whichever shall be a greater distance.
23 § 3. The vehicle and traffic law is amended by adding a new section
24 224-b to read as follows:
25 § 224-b. Establishment of the emergency zone education program. The
26 commissioner of transportation, after consultation with the commission-
27 er, shall promulgate rules and regulations regarding the establishment
28 and implementation of an emergency zone education program. The emergen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13575-01-6
S. 6666 2
1 cy zone education program shall be established for the purpose of
2 providing education, advocacy and laws pertaining to protecting the
3 safety of persons operating motor vehicles within an emergency zone and
4 the victims of emergencies. The program shall provide funding from
5 money appropriated to the department from the emergency zone safety
6 education fund, as established by section eighty-five of the state
7 finance law for activities such as public service announcements, public
8 education and awareness campaigns, distribution of literature, and any
9 other activities that are consistent with such purposes.
10 2. It shall be the duty of the commissioner of transportation to
11 submit, on or before April first commencing in two thousand eighteen, a
12 biennial report to the governor, the temporary president of the senate
13 and the speaker of the assembly which shall include an assessment of the
14 effectiveness of the program, recommendations for expanding or improving
15 the program, and any problems or other matters related to the adminis-
16 tration of the program.
17 § 4. Article 11 of the vehicle and traffic law is amended by adding a
18 new section 389 to read as follows:
19 § 389. Operation of a vehicle in an emergency zone; civil liability.
20 Every owner of a motor vehicle operated in this state and every operator
21 of such a vehicle shall be jointly and severally liable for treble
22 damages in any cause of action for property damage, personal injury
23 and/or wrongful death when such motor vehicle was operated in violation
24 of subdivision (f-1) of section eleven hundred eighty of this chapter
25 and the damage, injury or death was proximately caused by such
26 violation.
27 § 5. Subdivision 3 of section 502 of the vehicle and traffic law, as
28 amended by chapter 458 of the laws of 2011, is amended to read as
29 follows:
30 3. Application for learner's permit. An application for a learner's
31 permit shall be included in the application for a license. A learner's
32 permit shall be issued in such form as the commissioner shall determine
33 but shall not be issued unless the applicant has successfully passed the
34 vision test required by this section and the test set forth in paragraph
35 (a) of subdivision four of this section with respect to laws relating to
36 traffic and ability to read and comprehend traffic signs and symbols and
37 has satisfactorily completed any course required pursuant to paragraph
38 (a) of subdivision four of this section. Upon acceptance of an applica-
39 tion for a learner's permit the commissioner shall provide the applicant
40 with a driver's manual which includes but is not limited to the laws
41 relating to traffic, the laws relating to and physiological effects of
42 driving while ability impaired and driving while intoxicated, the law
43 for exercising due care to avoid colliding with a parked, stopped or
44 standing authorized emergency vehicle or hazard vehicle pursuant to
45 section eleven hundred forty-four-a of this chapter, the law relating to
46 the speed limit within an emergency zone pursuant to section eleven
47 hundred eighty of this chapter, explanations of traffic signs and
48 symbols and such other matters as the commissioner may prescribe.
49 § 6. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
50 of the vehicle and traffic law, as amended by chapter 458 of the laws of
51 2011, is amended to read as follows:
52 (i) Upon submission of an application for a driver's license, the
53 applicant shall be required to take and pass a test, or submit evidence
54 of passage of a test, with respect to the laws relating to traffic, the
55 laws relating to driving while ability is impaired and while intoxicat-
56 ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
S. 6666 3
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 law relating to the speed
5 limit within an emergency zone pursuant to section eleven hundred eighty
6 of this chapter, the ability to read and comprehend traffic signs and
7 symbols and such other matters as the commissioner may prescribe, and to
8 satisfactorily complete a course prescribed by the commissioner of not
9 less than four hours and not more than five hours, consisting of class-
10 room driver training and highway safety instruction or the equivalent
11 thereof. Such test shall include at least seven written questions
12 concerning the effects of consumption of alcohol or drugs on the ability
13 of a person to operate a motor vehicle and the legal and financial
14 consequences resulting from violations of section eleven hundred nine-
15 ty-two of this chapter, prohibiting the operation of a motor vehicle
16 while under the influence of alcohol or drugs. Such test shall include
17 one or more written questions concerning the devastating effects of
18 "Road Rage" on the ability of a person to operate a motor vehicle and
19 the legal and financial consequences resulting from assaulting, threat-
20 ening or interfering with the lawful conduct of another person legally
21 using the roadway. Such test shall include one or more questions
22 concerning the potential dangers to persons and equipment resulting from
23 the unsafe operation of a motor vehicle in a work zone. Such test may
24 include one or more questions concerning the law for exercising due care
25 to avoid colliding with a parked, stopped or standing authorized emer-
26 gency vehicle or hazard vehicle pursuant to section eleven hundred
27 forty-four-a of this chapter. Such test shall be administered by the
28 commissioner. The commissioner shall cause the applicant to take a
29 vision test and a test for color blindness. Upon passage of the vision
30 test, the application may be accepted and the application fee shall be
31 payable.
32 § 7. Paragraph b of subdivision 2 of section 510 of the vehicle and
33 traffic law is amended by adding a new subparagraph (xviii) to read as
34 follows:
35 (xviii) for a period of sixty days where the holder is convicted of a
36 violation of subdivision (f-1) of section eleven hundred eighty of this
37 chapter within thirty-six months of a previous violation of such subdi-
38 vision.
39 § 8. Subdivisions (e) and (f) of section 1180 of the vehicle and traf-
40 fic law, subdivision (e) as amended by chapter 465 of the laws of 2010
41 and subdivision (f) as amended by chapter 432 of the laws of 1997, are
42 amended and a new subdivision (f-1) is added to read as follows:
43 (e) The driver of every vehicle shall, consistent with the require-
44 ments of subdivision (a) of this section, drive at an appropriate
45 reduced speed when approaching and crossing an intersection or railway
46 grade crossing, when approaching and going around a curve, when
47 approaching a hill crest, [when approaching and passing by an emergency
48 situation involving any authorized emergency vehicle which is parked,
49 stopped or standing on a highway and which is displaying one or more red
50 or combination red, white, and/or blue lights pursuant to the provisions
51 of paragraph two and subparagraph b of paragraph four of subdivision
52 forty-one of section three hundred seventy-five of this chapter,] when
53 traveling upon any narrow or winding roadway, and when any special
54 hazard exists with respect to pedestrians, or other traffic by reason of
55 weather or highway conditions, including, but not limited to a highway
56 construction or maintenance work area.
S. 6666 4
1 (f) Except as provided in [subdivision] subdivisions (f-1) and (g) of
2 this section and except when a special hazard exists that requires lower
3 speed for compliance with subdivision (a) or (e) of this section or when
4 a lower maximum speed limit has been established, no person shall drive
5 a vehicle through a highway construction or maintenance work area at a
6 speed in excess of the posted work area speed limit. The agency having
7 jurisdiction over the affected street or highway may establish work area
8 speed limits which are less than the normally posted speed limits;
9 provided, however, that such normally posted speed limit may exceed the
10 work area speed limit by no more than twenty miles per hour; and
11 provided further that no such work area speed limit may be established
12 at less than twenty-five miles per hour.
13 (f-1) No person shall operate a vehicle through an emergency zone at a
14 speed in excess of twenty miles per hour below the posted speed limit or
15 in excess of twenty miles per hour, whichever shall be greater.
16 § 9. The opening paragraph and the opening paragraph of paragraph 4 of
17 subdivision (h) of section 1180 of the vehicle and traffic law, the
18 opening paragraph as amended by chapter 173 of the laws of 1990 and the
19 opening paragraph of paragraph 4 as amended by section 7 of part C of
20 chapter 62 of the laws of 2003, are amended to read as follows:
21 Upon a conviction for a violation of subdivision (b), (c), (d), (f),
22 (f-1) or (g) of this section, the court shall record the speed upon
23 which the conviction was based on the certificate required to be filed
24 with the commissioner pursuant to section five hundred fourteen of this
25 chapter, or if the conviction occurs in an administrative tribunal
26 established pursuant to article two-A of this chapter, the speed upon
27 which the conviction was based shall be entered in the department's
28 records.
29 Every person convicted of a violation of subdivision (c) of this
30 section when such violation occurs in a school speed zone during a
31 school day between the hours of seven o'clock A.M. and six o'clock P.M.,
32 or a violation of subdivision (f-1) of this section shall be punished as
33 follows:
34 § 10. Subdivision (a) of section 1680 of the vehicle and traffic law,
35 as amended by chapter 722 of the laws of 2006, is amended to read as
36 follows:
37 (a) The department of transportation shall maintain a manual and spec-
38 ifications for a uniform system of traffic-control devices consistent
39 with the provisions of this chapter for use upon highways within this
40 state. Such uniform system shall correlate with and so far as practica-
41 ble conform to nationally accepted standards. To the extent that the
42 National Manual on Uniform Traffic Control Devices (hereinafter referred
43 to in this section as MUTCD), promulgated by the Federal Highway Admin-
44 istration pursuant to subpart F of part 655 of Title 23 of the Code of
45 Federal Regulations and subject to a public comment period under federal
46 law, does not conflict with the provisions of this chapter and the
47 provisions of other laws of the state, the National MUTCD shall consti-
48 tute such state manual and specifications; provided, however, such manu-
49 al and specifications may be modified by the commissioner of transporta-
50 tion by the adoption of a supplement or supplements as such commissioner
51 of transportation determines warranted and in compliance with the appli-
52 cable provisions of the state administrative procedure act. Provided,
53 further, that the commissioner of transportation shall establish spec-
54 ifications for the form, construction, use and placement of emergency
55 zone signs, which shall be included in the manual. The manual and its
56 specifications is adopted as the state standard for traffic control
S. 6666 5
1 devices on any street, highway, or bicycle path open to public travel.
2 No person shall install or maintain in any area of private property used
3 by the public any sign, signal, marking or other device intended to
4 regulate, warn or guide traffic unless it conforms with the state manual
5 and specifications maintained under this section. Unless otherwise
6 provided for by the adoption of a supplement by the commissioner of
7 transportation, the operational practices related to emergency incident
8 responses provided in the manual shall apply to police officers and
9 other emergency responders responding to an emergency only in so far as
10 such officers or emergency responders deem compliance with the manual
11 practicable.
12 § 11. The vehicle and traffic law is amended by adding a new section
13 1809-f to read as follows:
14 § 1809-f. Mandatory surcharge for violation of maximum speed limits in
15 emergency zone. 1. Notwithstanding any other provision of law, whenever
16 proceedings in an administrative tribunal or court result in a finding
17 of liability or conviction for a violation of subdivision (f-1) of
18 section eleven hundred eighty of this chapter, there shall be levied a
19 mandatory surcharge in addition to any other sentence, fine or penalty
20 otherwise permitted or required, in an amount of not less than one
21 hundred dollars, nor more than two hundred fifty dollars. Such surcharge
22 shall not be deemed a monetary penalty for the purposes of section two
23 hundred thirty-seven of this chapter or section 19-203 of the adminis-
24 trative code of the city of New York.
25 2. The mandatory surcharge provided for in subdivision one of this
26 section shall be paid to the clerk of the court or administrative tribu-
27 nal that made the determination of liability. Within the first ten days
28 of the month next succeeding the collection of such surcharge, the
29 collecting authority shall pay such money to the state comptroller to be
30 deposited in the emergency zone safety education fund established by
31 section eighty-five of the state finance law.
32 § 12. The penal law is amended by adding two new sections 120.63 and
33 120.65 to read as follows:
34 § 120.63 Vehicular assault in an emergency zone.
35 A person is guilty of vehicular assault in an emergency zone when he
36 or she causes physical injury to another person, while he or she oper-
37 ates a motor vehicle in violation of subdivision (f-1) of section eleven
38 hundred eighty of the vehicle and traffic law, after having previously
39 been convicted, within the previous three years, of a violation of such
40 subdivision.
41 Vehicular assault in an emergency zone is a class B misdemeanor.
42 § 120.65 Aggravated vehicular assault in an emergency zone.
43 A person is guilty of aggravated vehicular assault in an emergency
44 zone when he or she causes serious physical injury to another person,
45 while he or she operates a motor vehicle in violation of subdivision
46 (f-1) of section eleven hundred eighty of the vehicle and traffic law,
47 after having previously been convicted, within the previous three years,
48 of a violation of such subdivision.
49 Aggravated vehicular assault in an emergency zone is a class A misde-
50 meanor.
51 § 13. The penal law is amended by adding a new section 125.65 to read
52 as follows:
53 § 125.65 Vehicular manslaughter in an emergency zone.
54 A person is guilty of vehicular manslaughter in an emergency zone when
55 he or she causes the death of another person, while he or she operates a
56 motor vehicle in violation of subdivision (f-1) of section eleven
S. 6666 6
1 hundred eighty of the vehicle and traffic law, after having previously
2 been convicted, within the previous three years, of a violation of such
3 subdivision.
4 Vehicular manslaughter in an emergency zone is a class E felony.
5 § 14. The penal law is amended by adding a new section 145.28 to read
6 as follows:
7 § 145.28 Criminal mischief in an emergency zone.
8 A person is guilty of criminal mischief in an emergency zone when he
9 or she causes damage to the property of another person, while he or she
10 operates a motor vehicle in violation of subdivision (f-1) of section
11 eleven hundred eighty of the vehicle and traffic law, after having
12 previously been convicted, within the previous three years, of a
13 violation of such subdivision.
14 Criminal mischief in an emergency zone is a violation.
15 § 15. The state finance law is amended by adding a new section 85 to
16 read as follows:
17 § 85. Emergency zone safety education fund. 1. There is hereby estab-
18 lished in the joint custody of the state comptroller and the commission-
19 er of taxation and finance a special revenue fund to be known as the
20 "emergency zone safety education fund".
21 2. The funds shall consist of all monies appropriated for its purpose,
22 all monies required by this section or any other provisions of law to be
23 paid into or credited to such fund, collected by the mandatory
24 surcharges imposed pursuant to subdivision one of section eighteen
25 hundred nine-f of the vehicle and traffic law. Nothing contained in this
26 section shall prevent the department of motor vehicles from receiving
27 grants or other appropriations for the purposes of the fund as defined
28 in this section and depositing them into the fund according to law.
29 3. Monies of the fund, when allocated, shall be disbursed to implement
30 the provisions of section two hundred twenty-four-b of the vehicle and
31 traffic law and may be used to execute contracts with private organiza-
32 tions for such purposes. Such contracts shall be awarded upon compet-
33 itive bids after the issuance of requests for proposals.
34 § 16. On or before September 1, 2021, the commissioner of transporta-
35 tion shall submit a report to the governor, the temporary president of
36 the senate and the speaker of the assembly detailing and analyzing the
37 effectiveness of the provisions of this act in improving the safety at
38 the scenes of highway emergencies.
39 § 17. This act shall take effect November 1, 2016; provided, however,
40 that effective immediately, the addition, amendment and/or repeal of any
41 rule or regulation necessary for the implementation of this act on its
42 effective date are authorized and directed to be made and completed on
43 or before such effective date.
