Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light; provides for mandatory revocation of a driver's license for a period of six months where a person violates section 1144-a of the vehicle and traffic law and causes serious physical injury or death to another person; directs the division of criminal justice services to establish a public information campaign to instruct the public that operating a motor vehicle when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light that results in physical injury, serious physical injury or death as a result of the operator recklessly failing to exercise due care to avoid a collision can result in serious criminal penalties.
STATE OF NEW YORK
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187
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
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Introduced by Sen. GALLIVAN -- 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, in relation to the opera-
tion of vehicles when approaching a parked, stopped or standing
authorized emergency vehicle or hazard vehicle or vehicle displaying a
blue or green light
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1144-a of the vehicle and traffic law, as amended
2 by chapter 458 of the laws of 2011, the section heading as amended and
3 subdivision (c) as added by chapter 97 of the laws of 2016, subdivision
4 (a) as amended by chapter 248 of the laws of 2013, and subdivision (b)
5 as amended by chapter 504 of the laws of 2022, is amended to read as
6 follows:
7 § 1144-a. Operation of vehicles when approaching a parked, stopped or
8 standing authorized emergency vehicle or hazard vehicle or vehicle
9 displaying a blue or green light. (a) 1. Every operator of a motor vehi-
10 cle shall exercise due care to avoid colliding with an authorized emer-
11 gency vehicle which is parked, stopped or standing on the shoulder or
12 any portion of such highway and such authorized emergency vehicle is
13 displaying one or more red or combination red and white lights pursuant
14 to the provisions of paragraph two of subdivision forty-one of section
15 three hundred seventy-five of this chapter or is displaying one or more
16 blue, combination blue and red or combination blue, red and white lights
17 pursuant to the provisions of subparagraph b of paragraph four of subdi-
18 vision forty-one of section three hundred seventy-five of this chapter.
19 For operators of motor vehicles on parkways or controlled access high-
20 ways, such due care shall include, but not be limited to, moving from a
21 lane which contains or is immediately adjacent to the shoulder where
22 such authorized emergency vehicle displaying one or more red, blue or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00201-01-3
S. 187 2
1 white or any combination of red and white lights or blue or combination
2 blue and red or combination blue, red and white lights pursuant to the
3 provisions of paragraph two or subparagraph b of paragraph four, as
4 applicable of subdivision forty-one of section three hundred seventy-
5 five of this chapter is parked, stopped or standing to another lane,
6 provided that such movement otherwise complies with the requirements of
7 this chapter including, but not limited to, the provisions of sections
8 eleven hundred ten [of this title] and eleven hundred twenty-eight of
9 this title.
10 [(b)] 2. Every operator of a motor vehicle shall exercise due care to
11 avoid colliding with a hazard vehicle which is parked, stopped or stand-
12 ing on the shoulder or on any portion of such highway and such hazard
13 vehicle is displaying one or more amber lights pursuant to the
14 provisions of paragraph three of subdivision forty-one of section three
15 hundred seventy-five of this chapter or, if such hazard vehicle is
16 designed for the towing or pushing of disabled vehicles such hazard
17 vehicle is displaying one or more amber lights or one or more blue or
18 combination blue and amber lights pursuant to the provisions of para-
19 graph three or subparagraph b-1 of paragraph four, as applicable, of
20 subdivision forty-one of section three hundred seventy-five of this
21 chapter or, if such hazard vehicle owned and operated by the state or by
22 a county, city, town or village is designed for the removal of ice and
23 snow such hazard vehicle is displaying one or more amber lights or one
24 or more green or combination green and amber lights pursuant to the
25 provisions of paragraph three or subparagraph (c) of paragraph five, as
26 applicable, of subdivision forty-one of section three hundred seventy-
27 five of this chapter. For operators of motor vehicles on parkways or
28 controlled access highways, such due care shall include, but not be
29 limited to, moving from a lane which contains or is immediately adjacent
30 to the shoulder where (i) such hazard vehicle displaying one or more
31 amber lights pursuant to the provisions of paragraph three of subdivi-
32 sion forty-one of section three hundred seventy-five of this chapter or
33 (ii) such hazard vehicle designed for the towing or pushing of disabled
34 vehicles displaying one or more amber lights or one or more blue or
35 combination blue and amber lights pursuant to the provisions of para-
36 graph three or subparagraph b-1 of paragraph four, as applicable, of
37 subdivision forty-one of section three hundred seventy-five of this
38 chapter or (iii) such hazard vehicle owned and operated by the state or
39 by a county, city, town or village is displaying one or more amber
40 lights or one or more green or combination green and amber lights pursu-
41 ant to the provisions of paragraph three or subparagraph (c) of para-
42 graph five, as applicable, of subdivision forty-one of section three
43 hundred seventy-five of this chapter, is parked, stopped or standing to
44 another lane, provided that such movement otherwise complies with the
45 requirements of this chapter including, but not limited to, the
46 provisions of sections eleven hundred ten and eleven hundred twenty-
47 eight of this title.
48 [(c)] 3. Every operator of a motor vehicle shall exercise due care to
49 avoid colliding with a vehicle displaying a blue light pursuant to the
50 provisions of paragraph four or a green light pursuant to the provisions
51 of paragraph five of subdivision forty-one of section three hundred
52 seventy-five of this chapter which is parked, stopped or standing on the
53 shoulder or any portion of such highway. For operators of motor vehicles
54 on parkways or controlled access highways, such due care shall include,
55 but not be limited to, moving from a lane which contains or is imme-
56 diately adjacent to the shoulder where such vehicle displaying a blue
S. 187 3
1 light pursuant to the provisions of paragraph four or a green light
2 pursuant to the provisions of paragraph five of subdivision forty-one of
3 section three hundred seventy-five of this chapter is parked, stopped or
4 standing to another lane, provided that such movement otherwise complies
5 with the requirements of this chapter including, but not limited to, the
6 provisions of sections eleven hundred ten and eleven hundred twenty-
7 eight of this title.
8 (b) 1. An operator of a motor vehicle who causes physical injury as
9 defined under article ten of the penal law as a result of recklessly
10 failing to exercise due care in violation of subdivision (a) of this
11 section shall be guilty of a class A misdemeanor punishable by a fine of
12 not less than two hundred fifty dollars nor more than five hundred
13 dollars in addition to any other penalties provided by law. A conviction
14 for a second or any subsequent violation, any of which were committed
15 within a period of eighteen months, shall constitute a class E felony,
16 punishable by a fine of not less than one thousand nor more than two
17 thousand five hundred dollars in addition to any other penalties
18 provided by law.
19 2. An operator of a motor vehicle (i) who causes serious physical
20 injury as defined under article ten of the penal law as a result of
21 recklessly failing to exercise due care in violation of subdivision (a)
22 of this section shall be guilty of a class D felony punishable by a fine
23 of not less than one thousand dollars nor more than five thousand
24 dollars in addition to any other penalty provided by law, or (ii) who
25 causes death as a result of recklessly failing to exercise due care in
26 violation of subdivision (a) of this section shall be guilty of a class
27 C felony punishable by a fine of not less than two thousand nor more
28 than five thousand dollars in addition to any other penalties provided
29 by law, and by suspension of a license or registration pursuant to
30 subparagraph (xviii) of paragraph b of subdivision two of section five
31 hundred ten of this chapter.
32 (c) For the purposes of this section, the term "recklessly" shall have
33 the same meaning as defined in section 15.05 of the penal law.
34 § 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
35 traffic law is amended by adding a new subparagraph (xviii) to read as
36 follows:
37 (xviii) for a period of six months where the holder is convicted of a
38 violation of paragraph two of subdivision (b) of section eleven hundred
39 forty-four-a of this chapter and the commission of such violation caused
40 serious physical injury to or death of another person.
41 § 3. The division of criminal justice services shall establish a
42 public information campaign to instruct the public that operating a
43 motor vehicle when approaching a parked, stopped or standing authorized
44 emergency vehicle or hazard vehicle or vehicle displaying a blue or
45 green light that results in physical injury, serious physical injury or
46 death as a result of the operator recklessly failing to exercise due
47 care to avoid a collision can result in serious criminal penalties.
48 § 4. This act shall take effect immediately.
