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S04298 Summary:

S04298 Actions:

S04298 Committee Votes:

S04298 Floor Votes:

S04298 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4298--B
            Cal. No. 303
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     March 11, 2015
                                       ___________
 
        Introduced  by  Sens.  ROBACH, LARKIN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading -- passed by  Senate
          and  delivered  to the Assembly, recalled, vote reconsidered, restored
          to third reading, amended and ordered reprinted, retaining  its  place
          in the order of third reading
 
        AN  ACT  to  amend  the vehicle and traffic law, in relation to vehicles
          that may travel on the shoulders of controlled-access highways
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  1131 of the vehicle and traffic law, as added by
     2  chapter 162 of the laws of 1990, is amended to read as follows:
     3    § 1131. Driving on shoulders and slopes. Except for bicycles and those
     4  classes of vehicles required to travel on shoulders or slopes, no  motor
     5  vehicle  shall  be driven over, across, along, or within any shoulder or
     6  slope of any  state  controlled-access  highway  except  at  a  location
     7  specifically  authorized and posted by the department of transportation.
     8  The foregoing limitation shall not prevent tow trucks from using  shoul-
     9  ders or slopes in as limited and incidental a manner as practicable when
    10  dispatched to the scene of an accident by a law enforcement agency or an
    11  authority,  department  or  agency  having  jurisdiction over such cont-
    12  rolled-access highway and all lanes are obstructed by traffic, provided,
    13  however, that the foregoing shall not relieve the driver of a tow  truck
    14  from the duty to drive with due regard for the safety of all persons nor
    15  shall  such provision protect the tow truck driver from the consequences
    16  of his or her reckless disregard for the safety of others and  shall  at
    17  all  times  operate  such  tow truck in compliance with all standards of
    18  care imposed to prevent those injuries or damages to persons or property
    19  of another which may result from the operator's negligence, recklessness
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09399-05-5
        S. 4298--B                          2
 
     1  or intentional misconduct, nor shall  it  prevent  motor  vehicles  from
     2  using  shoulders  or slopes when directed by police officers or flagper-
     3  sons, nor does it prevent motor vehicles  from  stopping,  standing,  or
     4  parking on shoulders or slopes where such stopping, standing, or parking
     5  is lawful.
     6    §  2.  The  governor's traffic safety committee shall conduct a public
     7  education campaign to educate the general public about the provisions of
     8  this act and to make motorists aware of the potential use  of  shoulders
     9  and slopes on limited access highways by operators of tow trucks.
    10    §  3.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law; provided, however, that  effective  immediately,  the
    12  commissioner  of  motor  vehicles  is authorized to promulgate any regu-
    13  lations necessary to effectuate the provisions of this act on its effec-
    14  tive date.