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Who cares
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Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to transportation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7133
Title of bill
An act to amend the vehicle and traffic law, in relation to exempting authorized emergency vehicles from obedience to traffic laws when involved in an emergency operation
Purpose
To exempt authorized emergency vehicles engaged in emergency operations from traffic laws and to establish a reckless disregard standard for their civil liability.
Summary of provisions
Section 1. Exemption from most of the rules of the road during emergency operations and establishment of the reckless disregard standard for civil liability.
Section 2. Effective date.
Justification
This bill would exempt emergency vehicle, that are responding to emergency operations from most of Title 7 of the Vehicle and Traffic Law (VTL) when responding to an emergency operation. The only sections that would still apply are the alcohol and drug related prohibitions.
A reckless disregard standard would apply for civil negligence proceedings against state and local governments. The Court of Appeals, in Kabir v. County of Monroe, et al., fundamentally changed the negligence standard that emergency responders and municipalities face when responding to emergency operations. It limited the application of the reckless disregard standard to only four specific situations in VTL § 1104(b)(1)-(4). A narrow interpretation will only hinder emergency responders with the fear of potential liability. This bill seeks to restore the reckless disregard standard for all traffic related incidents. Qualifying drivers will only be eligible for this privilege if he or she has activated the lights and sirens equipped on the vehicle. The sole thing a police officer, firefighter, or emergency medical technician should have to worry about is how to respond quickly and effectively to a scene of an emergency.
A driver of an emergency vehicle is by no means relieved of all duty to act. At all times, the driver must drive with due regard for the safety of all persons and cannot exhibit reckless disregard for the safety of others.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.