Enacts the "Ambrose-Searles move over act"

Section 2 -- Amends subdivision 3 of section 502 of the Vehicle and Traffic Law to require the Commissioner of Motor Vehicles to educate applicants for a learner's permit on how to safely travel on the roadways when an emergency vehicle is parked on a roadside with its lights flashing.

Section 3 -- Amends subparagraph (i) of paragraph (a) of subdivision 4 of Vehicle and Traffic Law section 502 to require the Commissioner of Motor Vehicles to educate applicants for a driver's license on how to safely travel on the roadways when an emergency vehicle is parked on a roadside with its lights flashing.

Section 4 -- Adds a section 1144-a to the Vehicle and Traffic Law. Establishes that motorists must operate their vehicles in a safe manner when approaching a parked emergency vehicle with its lights flashing and establishes penalties for violating this section.

Section 5 -- Directs the Department of Motor Vehicles to educate the people of New York State about the effects of this legislation.

Section 6 -- Effective date.

Justification

Thousands of law enforcement and emergency workers risk their lives every day to protect the citizens of New York State. We must do all we can to ensure that these workers are safe while on-the-job. At least 5 other states have enacted legislation similar to this bill that protects police and emergency workers attending to roadside incidents.

This bill would require motorists to "move over" or "slow down" when their vehicle is approaching an authorized emergency vehicle when the vehicle is parked on a roadway and its emergency lights are flashing.

New York State Trooper Robert Ambrose, one of the men this bill is named for, 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 vehicle was rear-ended by an intoxicated sport utility vehicle driver driving at a speed in excess of 80 miles per hour. Upon impact, Ambrose's patrol car burst into flames. Ambrose was burned alive inside his vehicle. In addition to Trooper Ambrose, two civilians died in this 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 illustrating the great risk faced by our emergency responders who are called on to serve in hazardous conditions.

This legislation honors the memory of Trooper Ambrose and Deputy Searles and others lost while serving the public by educating motorists and ensuring that they use an appropriate level of care while traveling on New York State's roadways. LEGISLATIVE HISTORY : 2007-2008: S.2051 - Passed Senate 2005-2006: S.4155 - Passed Senate 2003-2004: S.1390 - Passed Senate

Fiscal implications

None.

Effective date

Immediately, except sections 2 and 3 shall take effect September 1, 2009, except that the promulgation of any rules and regulation, 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, 2010.