NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2177A
SPONSOR: Espinal TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to roadway lane markings
PURPOSE OR GENERAL IDEA OF BILL:! To amend the vehicle and traffic
law by clarifying which lane markings prohibit the changing of travel
lanes in the same direction.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subdivision d of section 1128 of chapter
206 of vehicle and traffic law by adding the language ."For purposes of
this subdivision, "official markings" shall mean lane line markings
consisting of a solid double white line used to indicate where specific
lane changing is legally prohibited for a particular section of roadway
by official order, ordinance, rule or regulation, in conformance with
the New York State manual and specifications for a uniform system of
traffic control devices adopted by the commissioner of transportation
pursuant to section sixteen hundred eighty of this chapter." Section 2
provides that this act shall take effect immediately.
JUSTIFICATION: As the current vehicle and traffic law 1128 (d) is
written, official highway markings are those that shall not at any time
be crossed by a driver. The law's original intent was as a "no lane
change" provision to the vehicle and traffic law. However, the current
law is vague and allows police officers to issue a ticket in violation
of section 1128 (d) to anyone whom the officer deems has, in a hazardous
manner, crossed a marking such as the edge line, which could include
your own driveway entrance. The Appellate Term, of the Second Department
found in the People v Shulman that the white edgeline along the side of
the road does not constitute an "official marking" under VAT 1128 (d).
This court ruled in favor of Mr. Shulman, finding that the original
intent of section 11 28 (d) was in specific reference to crossing barri-
er markings. The white edge line along the road, for instance, does not
represent a barrier marking and thus is not an official roadway marking
under section 1128(d).
The presence barrier markings already indicates those portions of the
roadway where the NYDOT has determined that crossing such markings would
be especially hazardous and thus that changing lanes is prohibited.
In this bill, the use of the phrase "where specific lane changing is
legally prohibited," brings NYS VAT1128 (d) closer to the corresponding
terminology in the Uniform Vehicle Code and clarifies the law.
PRIOR LEGISLATIVE HISTORY: 2009-10: Similar legislation S.5175E/A.9823
- Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
