Enacts the "Ambrose-Searles move over act"

Summary of specific provisions

Section 1 is the short title, the "Ambrose-Searles Move Over Act."

Section 2 requires the commissioner of motor vehicles to include an explanation of the requirements for overtaking a parked authorized emer- gency vehicle in the driver's manual given to all learner's permit applicants.

Section 3 requires applicants taking a driver's license test to be ques- tioned on the requirements for overtaking a parked authorized emergency vehicle.

Section 4 describes actions drivers must take prior to and upon overtak- ing an authorized emergency vehicle parked on a highway when such vehi- cle's emergency lights are flashing,

Justification

Thousands of law enforcement and emergency workers risk their lives every day to protect the citizens of New York State. State law must address improving officer's and emergency personnel safety. At least 5 other states have enacted similar legislation to protect police and emergency vehicles from motorists who have crashed their vehicles into police and emergency vehicles that were parked on highways or road- ways in the performance of their duties. This bill would require motor- ists to "move over" when their vehicle is approaching an authorized emergency vehicle when its emergency lights are flashing that is parked on a highway or roadway in New York State.

On March 11, 2003, the New York State Senate Committee on Investigations conducted the first ever government public hearing in the nation probing the safety of the Ford Motor Company's Crown Victoria Police Interceptor (CVPI). This investigation was prompted by the horrific death of New York State Trooper Robert Ambrose. Ambrose was fatally injured during a routine traffic stop on the New York State Thruway in Yonkers, New York on December 23, 2002. Trooper Ambrose's CVPI was rear-ended by an intox- icated driver of a sports utility vehicle at a speed in excess of 80 miles per hour. Upon impact, his patrol car burst into flames. Ambrose was burned alive inside his vehicle. In addition to Trooper Ambrose, two civilians died in the accident.

On November 29, 2003, Onondaga County Deputy Sheriff Glenn M. Searles was assisting a motorist whose vehicle had gone off the highway when a second car lost control and struck Deputy Searles, pinning him against

his patrol car. Deputy Searles died from his injuries, tragically-illus- trating the great risk faced by our emergency responders who are called on to serve in hazardous conditions. The presence of a police or other emergency vehicle signals to a motorist not only a potential dangerous situation, but also that professional and volunteer emergency work may be under way. This legislation honors the memory of Trooper Ambrose and Deputy Searles and others lost while serving the public by educating motorists on the need to use due care.

Legislative history

2003-2004, S.1390 Passed Senate, A.6164 Reported to Codes. 2005-2006: A.2403C Reported to Ways and Means 2007-2008: A.6499 reported to Codes

Fiscal implications

None.

EFFECTIVE DATE:Immediately, except sections 2 and 3 shall take effect September 1, 2010, except that the promulgation of any rules and regu- lations, and the taking of any other actions necessary to implement the provisions of such sections of this act are authorized and directed to be made on or before the effective date of such sections of this act. Section 4 shall take effect January 1, 2011.