Relates to emergency rule with respect to the removal of vehicles from public streets and highways

BILL NUMBER:A8778

Title of bill

An act to amend the vehicle and traffic law, in relation to emergency rule with respect to the removal of vehicles from public streets and highways

Purpose: To allow police officers and other public officers to direct that vehicles and their contents be removed from public highways and. to relieve such police officer and public officers, and anyone acting pursuant to their direction from liability for such removal, unless such removal was carried out in a reckless or grossly negligent manner.

Summary of Provisions: Adds a new paragraph to section 1602 of the vehicle and traffic law to accomplish the foregoing.

Justification: Numerous studies have indicated that delays in clearing highways of wrecked or damaged vehicles often leads to secondary acci- dents and a loss of productivity by persons who are inconvenienced by highways that are closed as the result of accidents. For this reason, many police agencies and political subdivisions have adopted "quick clearance" procedures that are designed to open highways in as short a time as possible. These procedures often require the removal of vehicles (sometimes by the use of bulldozers) in a manner that results in unavoidable damage to such vehicles and their cargo.

This bill relieves police officers and other public officers, and any persons acting pursuant to their direction, from liability for damage caused to such vehicles and cargo unless such removal is carried out in a reckless or grossly negligent manner.

Legislation of this nature is endorsed by the 1-95 Corridor Coalition, a coalition consisting of transportation, police, emergency and private sector interests that range from Maine to Florida.

Fiscal Impact: None to the state.

Effective Date: Immediately.