Enacts the "Ambrose-Searles move over act"

1 Co-sponsor

• Martin Malavé Dilan

Title of bill

An act to amend the vehicle and traffic law, in relation to enacting the "Ambrose-Searles move over act"

Purpose or general idea of bill

To protect law enforcement and emergency workers by requiring motorists to "move over" or "slow down" when approaching a parked authorized emergency vehicle with emergency lights flashing.

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 emergency 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 questioned on the requirements for overtaking a parked authorized emergency vehicle.

Section 4 describes actions drivers must take prior to and upon overtaking an authorized emergency vehicle parked on a highway when such vehicle'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. New York must join other states that have enacted similar legislation to protect from harm from passing motorists those police and emergency workers that must stop on roadways in the performance of their duties. This bill would require motorists to "move over" or "slow down" when their vehicle is approaching an authorized emergency vehicle when its emergency lights are flashing when parked on a highway or roadway in New York State.

This legislation honors the memory of two police officers, New York State Trooper Robert Ambrose and Onondaga County Deputy Sheriff Glenn M. Searles, as well as others who have tragically lost their lives on the highways while serving the public.

On December 23, 2002 New York State Trooper Robert Ambrose was fatally injured during a routine traffic stop on the New York State Thruway in Yonkers. Trooper Ambrose's vehicle was rear-ended by an intoxicated 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.

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.

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 regulations, 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.