Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle or volunteer first responder

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S5507A

Title of bill

An act to amend the vehicle and traffic law, in relation to the operation of vehicles when approaching a parked, stopped or standing authorized emergency or hazard vehicle or volunteer first responder

Purpose

To increase the penalties for operating a motor vehicle recklessly when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle and causing serious physical injury or death.

Summary of provisions

Section 1. Amends subdivision (a) and of section 1144-a of the vehicle and traffic law to clarify that the move over act applies to authorized emergency vehicles stopped in travel lanes and all public highways.

Adds two new subdivisions (b) and (d) to increase the penalties for individuals who operate a vehicle recklessly and cause serious physical injury or death to a class E or D felony respectively.

Section 2. This act shall take effect on the one hundred eightieth day after it shall have become law.

Justification

The "move over law" requires drivers approaching stopped police, emergency or hazard vehicles with their lights flashing to slow down and move over at least one lane away from that vehicle if traffic conditions allow. Violators face a fine between $250 and $400 and/or up to 30 days imprisonment, as well as two penalty points on their driver's license. However, the law does not include any enhanced penalties if a driver causes death or serious physical injury as a result of violating the law.

In February of 2011, Nassau County Police Officer Michael Califano was killed while performing a routine traffic stop on the Long Island Expressway when his cruiser was struck from behind by a box truck. Despite the fact that Officer Califano's cruiser was stopped on the shoulder with its lights flashing and the box truck's driver's negligent actions caused Officer Califano's death, the offender received only a conviction for reckless driving, which is an unclassified misdemeanor, because the current "move over law" does not allow for drivers to face enhanced penalties for killing or seriously injuring someone as a result of violating the law.

This legislation would build upon the protections the "move over law" provides our emergency personnel and hazard vehicle operators by increasing the penalties for those who operate a motor vehicle recklessly when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle and causing serious physical injury or death.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.