Requires a driver approaching stationary emergency vehicles, tow or recovery trucks, or highway maintenance vehicles displaying flashing lights to switch lanes or reduce the speed of the driver's vehicle, and be prepared to stop the vehicle; institutes a fine for failing to move over or slow down.
STATE OF NEW YORK
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4546
2023-2024 Regular Sessions
IN ASSEMBLY
February 16, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring an
operator of a motor vehicle approaching stationary emergency vehicles,
tow or recovery trucks, or highway maintenance vehicles on the roadway
to switch lanes or reduce the speed of a motor vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of section 1144 of the vehicle and traffic
2 law, as amended by chapter 300 of the laws of 1960, is amended to read
3 as follows:
4 (b) The operator of a motor vehicle approaching a stationary author-
5 ized emergency vehicle that displays flashing yellow, amber, white, red
6 or blue lights, or a stationary tow vehicle or a recovery vehicle that
7 displays flashing lights while performing a recovery or loading on the
8 roadside, or a stationary highway maintenance vehicle that displays
9 flashing lights, shall approach such emergency vehicle, tow vehicle,
10 recovery vehicle or highway maintenance vehicle with due caution and
11 shall, absent any other direction by a law enforcement officer, proceed
12 as follows:
13 (1) if existing safety and traffic conditions permit, make a lane
14 change into a lane not adjacent to such vehicles; or
15 (2) if a lane change pursuant to paragraph one of this subdivision is
16 not possible, reduce the speed of such motor vehicle to a reasonable and
17 proper speed for existing road and traffic conditions, and shall be
18 prepared to stop such motor vehicle.
19 Violation of this subdivision shall be punishable by a fine not to
20 exceed one hundred dollars for the first violation and five hundred
21 dollars for any subsequent violations of this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09501-01-3
A. 4546 2
1 (c) This section shall not operate to relieve the driver of an author-
2 ized emergency vehicle from the duty to drive with reasonable care for
3 all persons using the highway.
4 § 2. This act shall take effect on the thirtieth day after it shall
5 have become a law.
