Enacts the "crash zone safety act"

Summary of specific provisions

Section 1 is the short title, the "Crash Zone Safety Act."

Section 2 establishes the parameters of the Emergency Zone and those vehicles that are protected within the zone. The Emergency Zone is the distance along the highway extending five hundred feet of longitudinal distance with the flow of traffic and visibility from the rear of an authorized emergency vehicle, hazard vehicle or volunteer first respon- der that is displaying one or more red or combination red and white lights, one or more amber lights, a blue light, or green light to a point five hundred feet past any such vehicle or five hundred feet past and Emergency Zone sign to a point five hundred feet past any such vehi- cle, whichever shall be a greater distance.

Section 3 establishes the Emergency Zone Education Program in which the Commissioner of Transportation will determine the rules and regulation to provide education on laws to protect the safety of persons operating motor vehicles in an emergency zone. The Commissioner will also have to submit a biennial report by April 1, 2016, on the effectiveness of the program with recommendations.

Section 4 makes every owner and operator of a vehicle jointly and severally liable for any property damage, personal injury or wrongful death when in violation of this law.

Section 5 requires the law relating to speed limit in an Emergency Zone be covered in the learner's permit driver's manual.

Section 6 requires the law relating to speed limit in an Emergency Zone to be added to the material covered in the written test upon the submission of an application for a driver's license.

Section 7 amends the traffic law to a period of sixty days where the holder is convicted of a violation.

Section 8 requires that no one operate a vehicle in an Emergency Zone in excess of twenty miles below the posted speed limit or in excess of twenty miles per hour, whichever shall be greater.

Section 9 outlines the punishments for violating the vehicle and traffic law.

Section 10 provides that the Commissioner of Transportation shall estab- lish specifications for the form, construction use and placement of Emergency Zone signs.

Section 11 establishes the surcharge of maximum violations of speed limits in an Emergency Zone in addition to a fine of not less than one hundred dollars, nor more than two hundred and fifty dollars. The collecting authority will pay the surcharge to the state comptroller to be deposited in the emergency zone education fund.

Section 12 adds two new sections to the penal law pertaining to motor vehicle operators who cause physical injury to another person making aggravated vehicular assault in an Emergency Zone a class A misdemeanor.

Section 13 establishes vehicular manslaughter in an Emergency Zone as a class E felony.

Section 14 establishes criminal mischief in an Emergency Zone and a violation when he or she causes damage to the property of another person while operating a motor vehicle in an Emergency Zone.

Section 15 amends the state finance law to create the "Emergency Zone Education Fund" and establishes join custody of the State Comptroller and the Commissioner of Taxation and Finance. The fund shall consist of all monies appropriated for its purpose and monies paid by mandatory surcharges.

Section 16 makes the Commissioner of Transportation submit a report to the governor, temporary president of the senate and the speaker of the assembly analyzing the effectiveness of the provisions by September 1, 2019.

Section 17 establishes an effective date of November 1, 2014.

Justification

Although legislation exists to protect law enforcement and emergency workers who respond to accidents more needs to be done. This bill establishes a specific "Crash Zone" where drivers must slow down and move over when they are approaching authorized emergency vehi- cles whose lights are flashing on highway or roadway in New York. The bill creates severe penalties for those who put the lives of our law enforcement and first responders at risk. It also establishes an "Emer- gency Zone Education Fund" to educate the public and new drivers about crash zones and how to safely navigate them.

Legislative history

None.

Fiscal implications

None.

Effective date

November 1, 2014