STATE OF NEW YORK
________________________________________________________________________
8896--A
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to limiting the
liability of midwives for monetary penalties for certain traffic
violations committed while responding to a patient
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240 of the vehicle and traffic law is amended by
2 adding a new subdivision 1-c to read as follows:
3 1-c. At every hearing for the adjudication of a notice of liability,
4 as provided by this article, there shall be a rebuttable presumption
5 that an owner of a motor vehicle who is a licensed midwife, alleged to
6 be liable in accordance with any provisions of law specifically author-
7 izing the imposition of monetary liability on the owner of a vehicle for
8 failure of an operator thereof: to comply with traffic-control indi-
9 cations in violation of subdivision (d) of section eleven hundred eleven
10 of this chapter through the installation and operation of traffic-con-
11 trol signal photo violation-monitoring systems, in accordance with arti-
12 cle twenty-four of this chapter; or to comply with certain posted maxi-
13 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g)
14 of section eleven hundred eighty of this chapter through the installa-
15 tion and operation of photo speed violation monitoring systems, in
16 accordance with article thirty of this chapter; or to comply with bus
17 lane restrictions as defined by article twenty-four of this chapter
18 through the installation and operation of bus lane photo devices, in
19 accordance with article twenty-four of this chapter, is not liable for
20 such alleged violation if such owner provides the hearing officer with a
21 signed and affirmed affidavit attesting that such owner is a midwife,
22 and was responding to an emergency medical situation at the time that
23 the alleged violation occurred, or such other proof as such hearing
24 officer deems appropriate.
25 § 2. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law. Effective immediately, the addition, amend-
27 ment and/or repeal of any rule or regulation necessary for the implemen-
28 tation of this act on its effective date are authorized to be made and
29 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13582-02-4
