New York State Assembly

 
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A04438 Summary:

A04438 Actions:

A04438 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:03/14/2019AYE/NAY:21/1  Action: Favorable         
Magnarelli
Aye
McDonough
Aye
Perry
Excused
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Aye
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Nay
Steck
Aye
Walczyk
Aye
Simon
Excused
Hunter
Excused
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye

A04438 Floor Votes:

A04438 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4438
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced by M. of A. DenDEKKER, BRONSON, HAWLEY, BRABENEC -- read once
          and referred to the Committee on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to the display
          of amber and blue lights on certain hazard vehicles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraphs a and c of paragraph 4 of subdivision 41 of
     2  section 375 of the vehicle and traffic law, as amended by chapter 465 of
     3  the laws of 2010, are amended to read as follows:
     4    a. One blue light may be affixed to  any  motor  vehicle  owned  by  a
     5  volunteer  member  of a fire department or on a motor vehicle owned by a
     6  member of such person's family residing in the same household  or  by  a
     7  business  enterprise  in which such person has a proprietary interest or
     8  by which he or she is employed, provided such volunteer firefighter  has
     9  been  authorized in writing to so affix a blue light by the chief of the
    10  fire department or company of which he or she is a member, which author-
    11  ization shall be subject to revocation at any  time  by  the  chief  who
    12  issued  the  same or his or her successor in office. Such blue light may
    13  be displayed exclusively by such volunteer firefighter on such a vehicle
    14  only when engaged in an emergency operation. The use of blue  lights  on
    15  vehicles  shall  be  restricted  for use only by a volunteer firefighter
    16  except as otherwise provided for in [subparagraph] subparagraphs  b  and
    17  b-1 of this paragraph.
    18    c.  The commissioner is authorized to promulgate rules and regulations
    19  relating to the use, placement, power and display of blue  lights  on  a
    20  police  vehicle [and], fire vehicle, and hazard vehicle designed for the
    21  towing or pushing of disabled vehicles.
    22    § 2. Paragraph 4 of subdivision 41 of section 375 of the  vehicle  and
    23  traffic  law  is  amended  by  adding  a new subparagraph b-1 to read as
    24  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05153-01-9
        A. 4438                             2
 
     1    b-1. In addition to the amber light authorized to be displayed  pursu-
     2  ant  to  paragraph three of this subdivision, one or more blue lights or
     3  combination blue and amber lights may be affixed  to  a  hazard  vehicle
     4  designed  for  the  towing or pushing of disabled vehicles provided that
     5  such  blue  light  or lights shall be displayed on such a hazard vehicle
     6  for rear projection only.  Such blue light or lights may be displayed on
     7  a hazard vehicle designed for the towing or pushing of disabled vehicles
     8  when such vehicle is engaged  in  a  hazardous  operation  and  is  also
     9  displaying  the  amber light or lights required to be displayed during a
    10  hazardous operation pursuant to paragraph  three  of  this  subdivision.
    11  Nothing  contained in this subparagraph shall be deemed to authorize the
    12  use of blue lights on hazard vehicles designed for the towing or pushing
    13  of disabled vehicles unless such hazard vehicles  also  display  one  or
    14  more amber lights as otherwise authorized in this subdivision.
    15    § 3. Subdivision (b) of section 1144-a of the vehicle and traffic law,
    16  as  amended  by  chapter  458 of the laws of 2011, is amended to read as
    17  follows:
    18    (b) Every operator of a motor vehicle shall exercise due care to avoid
    19  colliding with a hazard vehicle which is parked, stopped or standing  on
    20  the  shoulder  or on any portion of such highway and such hazard vehicle
    21  is displaying one or more amber lights pursuant  to  the  provisions  of
    22  paragraph three of subdivision forty-one of section three hundred seven-
    23  ty-five  of  this chapter or, if such hazard vehicle is designed for the
    24  towing or pushing of disabled vehicles such hazard vehicle is displaying
    25  one or more amber lights or one or more blue  or  combination  blue  and
    26  amber  lights  pursuant to the provisions of paragraph three or subpara-
    27  graph b-1 of paragraph four, as applicable, of subdivision forty-one  of
    28  section  three  hundred  seventy-five  of this chapter. For operators of
    29  motor vehicles on parkways or controlled access highways, such due  care
    30  shall  include, but not be limited to, moving from a lane which contains
    31  or is immediately adjacent to the shoulder where (i) such hazard vehicle
    32  displaying one or more amber lights pursuant to the provisions of  para-
    33  graph  three  of subdivision forty-one of section three hundred seventy-
    34  five of this chapter or (ii) such hazard vehicle designed for the towing
    35  or pushing of disabled vehicles displaying one or more amber  lights  or
    36  one  or  more  blue or combination blue and amber lights pursuant to the
    37  provisions of paragraph three or subparagraph b-1 of paragraph four,  as
    38  applicable,  of  subdivision forty-one of section three hundred seventy-
    39  five of this chapter, is parked, stopped or standing  to  another  lane,
    40  provided  that such movement otherwise complies with the requirements of
    41  this chapter including, but not limited to, the provisions  of  sections
    42  eleven hundred ten and eleven hundred twenty-eight of this title.
    43    § 4. This act shall take effect immediately.