Provides standards of care to safely approach an emergency or hazard vehicle parked, stopped or standing on the shoulder of a highway

3 Co-sponsors

• Tony Avella
• Charles J. Fuschillo Jr.
• Jack M. Martins

BILL NUMBER:S2769B

Title of bill

An act to amend the vehicle and traffic law, in relation to approaching a parked, stopped or standing hazard vehicle on the shoulder of a highway

Purpose

This measure would mandate all drivers of motor vehicles to exercise due caution when approaching, overtaking or passing any hazard vehicle, as defined in Section 117-a of the Vehicle and Traffic Law, on all roadways in New York State.

Summary of provisions

Section 1: Amends subdivision 3 of section 502 of the vehicle and traffic law, as amended by chapter 387 of the laws of 2010 to include information about the law regarding exercising due care around a hazard vehicle in the drivers manual presented to those requesting an application for a learner's permit.

Section 2: Amends subparagraph (i) of paragraph (a) of subdivision 4 of section 502 of the vehicle and traffic law, as amended by chapter 387 of the laws of 2010 to include questions about the law regarding exercising due care around a hazard vehicle among those which may be asked on the written test for a drivers license.

Section 3: Amends section 1144-a of the vehicle and traffic law, as added by chapter 387 of the laws of 2010 to apply the same requirements of exercising due care around a hazard vehicle displaying one or more amber lights as a motorist would around an authorized emergency vehicle displaying one or more red, blue, or white lights. It also adds a paragraph (b) to section 1144-a of the vehicle and traffic law which details the proper procedure for exercising due care around a hazard vehicle.

Section 4: Effective Date

Existing law

Current statutory provisions do not require that drivers traveling on controlled access highways to move over to the adjacent lane when approaching or passing a hazard vehicle.

Justification

If signed into law, this bill would provide a measure of safety for drivers and workers who travel in hazard vehicles from adjacent traffic on all New York State roadways when performing a work-related duty, such as recovering a stranded or broken down automobile, any snow removal operation, highway construction or maintenance, etc.

Legislative history

S.2880 of 2009: Referred to Transportation in Senate (similar) S.480 of 2007: Passed Senate, Died in Assembly Transportation (similar) S.268-A of 2005: Passed Senate, Died in Assembly Codes (similar) S.6600A of 2004: Passed Senate, Died in Assembly Codes (similar)

Fiscal implications

Minimal to State.

Effective date

This act shall take effect September 1, 2011; provided that: (a) 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 such effective date; and (b) section three of this act shall take effect January 1, 2012.