Relates to the presence of official full or partial lane markings on roadway

Summary of specific provisions

Section 1 of the bill amends subdivi- sion (d) of section 1128 of the Vehicle and Traffic Law to provide that when official traffic control devices are installed on roadways prohib- iting the changing of lanes, drivers shall obey the direction of every such device, provided that for the purpose of this subdivision, official traffic control devices are designated by a two normal solid while line pavement marking or a sign.

Section 2 provides that this act shall take effect immediately.

Justification

The current Vehicle and Traffic Law § 1128(d) provides that when official markings are in place indicating those portions of any roadway where crossing such markings would be especially hazardous, no driver shall drive across such marking. The original intent of this section was as a no lane change provision to law with the determination of what is especially hazardous to be made by the DOT (for state roads) or local legislative body (for local roads). However, the current language is vague and police officers have issued tickets for a violation of section 1128(d) to anyone whom the officer deems has crossed a marking such as the edge line. In People v. Shulman, the Appellate Term in the 2d Department found that the white edge line along the side of the road does not constitute an "official marking" under section 1128(d) (People v. Shulman, 836 N.Y.S.2d 488 (2006)). The Court held that the crossing of a solid white line is discouraged but not prohibited and that such a marking does not constitute an indication that crossing it would be especially hazardous.

In the time since Shulman was decided, the regulations have changed and the New York Supplement to the Federal Manual on Uniform Traffic Control Devices (MUTCD) now provides the following:

White barrier markings are used where lane changing is legally prohibit- ed by official regulation. An order, ordinance, rule or regulation establishing specific lane prohibitions for a particular section of roadway is necessary for no-lane-changing markings to be "official mark- ings" as referred to in Section 1128(d) of the Vehicle & Traffic Law (NYCRR 17 § 3B.04).

This regulation has been interpreted to mean that in the absence of an order, ordinance, rule, or regulation prohibiting it, a motorist who drives to the right of the white line marking the beginning of the shoulder (described in that case as the "fog line") could not be

convicted of violating section 1128(d) (People v. Bordeau, 873 N.Y.S.2d 513 (County Ct. .2008)).

This bill would codify these court cases holding that the crossing of a solid white edge line is not a violation of Vehicle and Traffic Law 1128(d) and, further, clarify that a violation of subdivision (d) occurs only if a motorist crosses roadway pavement markings when prohibited by a sign or two normal solid white lines. In this bill, the language "where changing lanes is prohibited" is used to be consistent with 11-309(d) of the Uniform Vehicle Code. Further, this bill is consistent with the Federal MUTCD Section 3B.04 providing that (a) where crossing a lane line marking is discouraged, the marking shall consist of a normal solid white line, and (b) where crossing is prohibited, the lane line marking shag consist of a solid double white line.

While this legislation would clarify which roadway markings a motorist cannot cross under Vehicle and Traffic Law § 1128(d), this bill applies only to subdivision (d) where motorists are driving on roadways laned for traffic moving in the same direction. This bill would not affect other Vehicle and Traffic law provisions prohibiting driving on the shoulder or passing on the right in certain circumstances, including the following sections: § 1131 (no motor vehicle shall be driven over, across, along, or within any shoulder or slope of any state controlled- access highway except at a location specifically authorized and posted by the DOT), § 1126 (no passing zones), § 1123 (motorist may overtake and pass another vehicle on the right only under conditions permitting such movement in safety), § 1120 (a vehicle shall be driven upon the right of the roadway except in defined circumstances, including when travel on the shoulder or slope is permitted by section 1131), and 1160 (when travel on the shoulder or slope is authorized, a motorist may make a right turn from such shoulder or slope).

Prior legislative history

2007-08: Remained in committee.

Fiscal implications for state and local governments

None known.

Effective date

This act shall take effect immediately.