Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or volunteer first responder.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8702A
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the opera-
tion of vehicles when approaching a parked, stopped or standing vehicle
displaying a blue or green light
PURPOSE OR GENERAL IDEA OF BILL:
To increase the roadside safety of volunteer firefighters and volunteer
ambulance workers.
SUMMARY OF SPECIFIC PROVISIONS:
The bill would require all motor vehicle operators to exercise due care
to avoid colliding with a vehicle parked, stopped or standing on the
shoulder or any portion of a roadway while displaying a revolving blue
light or revolving green light as authorized by law. The bill also would
require that, on parkways and controlled access highways, due care would
include moving from the lane containing or adjacent to the shoulder
where such vehicles are parked, stopped or standing.
JUSTIFICATION:
The "Move-Over Law" requires drivers approaching stopped police, emer-
gency or hazard vehicles with their lights flashing to slow down and, if
on a divided highway, to move over at least one lane away from that
vehicle if traffic conditions allow. Violators face a fine between $150
and $400 and/or up to 45 days imprisonment depending upon if it's a
first or repeat offense.
This legislation would build upon the protections the "Move-Over Law"
provides our authorized emergency personnel and hazard vehicle operators
by including vehicles operated by volunteer firefighters and volunteer
ambulance workers involved in roadside emergency operations, which are
displaying revolving blue or green lights as authorized by law.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8702--A
IN ASSEMBLY
January 13, 2016
___________
Introduced by M. of A. MAGNARELLI -- 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 the opera-
tion of vehicles when approaching a parked, stopped or standing vehi-
cle 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. Subdivision 3 of section 502 of the vehicle and traffic
2 law, as amended by chapter 458 of the laws of 2011, is amended to read
3 as follows:
4 3. Application for learner's permit. An application for a learner's
5 permit shall be included in the application for a license. A learner's
6 permit shall be issued in such form as the commissioner shall determine
7 but shall not be issued unless the applicant has successfully passed the
8 vision test required by this section and the test set forth in paragraph
9 (a) of subdivision four of this section with respect to laws relating to
10 traffic and ability to read and comprehend traffic signs and symbols and
11 has satisfactorily completed any course required pursuant to paragraph
12 (a) of subdivision four of this section. Upon acceptance of an applica-
13 tion for a learner's permit the commissioner shall provide the applicant
14 with a driver's manual which includes but is not limited to the laws
15 relating to traffic, the laws relating to and physiological effects of
16 driving while ability impaired and driving while intoxicated, the law
17 for exercising due care to avoid colliding with a parked, stopped or
18 standing [authorized emergency vehicle or hazard] vehicle pursuant to
19 section eleven hundred forty-four-a of this chapter, explanations of
20 traffic signs and symbols and such other matters as the commissioner may
21 prescribe.
22 § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
23 of the vehicle and traffic law, as amended by chapter 458 of the laws of
24 2011, is amended to read as follows:
25 (i) Upon submission of an application for a driver's license, the
26 applicant shall be required to take and pass a test, or submit evidence
27 of passage of a test, with respect to the laws relating to traffic, the
28 laws relating to driving while ability is impaired and while intoxicat-
29 ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01976-04-6
A. 8702--A 2
1 ty" awareness as defined by the commissioner, the law relating to exer-
2 cising due care to avoid colliding with a parked, stopped or standing
3 authorized emergency vehicle or hazard vehicle pursuant to section elev-
4 en hundred forty-four-a of this chapter, the ability to read and compre-
5 hend traffic signs and symbols and such other matters as the commission-
6 er may prescribe, and to satisfactorily complete a course prescribed by
7 the commissioner of not less than four hours and not more than five
8 hours, consisting of classroom driver training and highway safety
9 instruction or the equivalent thereof. Such test shall include at least
10 seven written questions concerning the effects of consumption of alcohol
11 or drugs on the ability of a person to operate a motor vehicle and the
12 legal and financial consequences resulting from violations of section
13 eleven hundred ninety-two of this chapter, prohibiting the operation of
14 a motor vehicle while under the influence of alcohol or drugs. Such test
15 shall include one or more written questions concerning the devastating
16 effects of "Road Rage" on the ability of a person to operate a motor
17 vehicle and the legal and financial consequences resulting from assault-
18 ing, threatening or interfering with the lawful conduct of another
19 person legally using the roadway. Such test shall include one or more
20 questions concerning the potential dangers to persons and equipment
21 resulting from the unsafe operation of a motor vehicle in a work zone.
22 Such test may include one or more questions concerning the law for exer-
23 cising due care to avoid colliding with a parked, stopped or standing
24 [authorized emergency vehicle or hazard] vehicle pursuant to section
25 eleven hundred forty-four-a of this chapter. Such test shall be adminis-
26 tered by the commissioner. The commissioner shall cause the applicant to
27 take a vision test and a test for color blindness. Upon passage of the
28 vision test, the application may be accepted and the application fee
29 shall be payable.
30 § 3. The section heading of section 1144-a of the vehicle and traffic
31 law, as amended by chapter 458 of the laws of 2011, is amended to read
32 as follows:
33 Operation of vehicles when approaching a parked, stopped or standing
34 authorized emergency vehicle or hazard vehicle or vehicle displaying a
35 blue or green light.
36 § 4. Section 1144-a of the vehicle and traffic law is amended by
37 adding a new subdivision (c) to read as follows:
38 (c) Every operator of a motor vehicle shall exercise due care to avoid
39 colliding with a vehicle displaying a blue light pursuant to the
40 provisions of paragraph four or a green light pursuant to the provisions
41 of paragraph five of subdivision forty-one of section three hundred
42 seventy-five of this chapter which is parked, stopped or standing on the
43 shoulder or any portion of such highway. For operators of motor vehicles
44 on parkways or controlled access highways, such due care shall include,
45 but not be limited to, moving from a lane which contains or is imme-
46 diately adjacent to the shoulder where such vehicle displaying a blue
47 light pursuant to the provisions of paragraph four or a green light
48 pursuant to the provisions of paragraph five of subdivision forty-one of
49 section three hundred seventy-five of this chapter is parked, stopped or
50 standing to another lane, provided that such movement otherwise complies
51 with the requirements of this chapter including, but not limited to, the
52 provisions of sections eleven hundred ten and eleven hundred twenty-
53 eight of this title.
54 § 5. This act shall take effect on the one hundred eightieth day after
55 it shall have become a law.
