Authorizes drivers to disobey a traffic-control device or signal, after exercising reasonable care, in order to yield the right of way to an authorized emergency vehicle

Section 2 amends paragraphs 1 and 3 of subdivision d of section 1111 of the vehicle and traffic law to allow drivers to disobey circular red lights and red arrows in order to give right of way to emergency vehicles.

Section 3 requires municipalities to review red light camera tickets to determine whether a driver passed through a red light to give right of way to an emergency vehicle and to provide a simplified mechanism for individuals to appeal red light tickets on these grounds.

Section 4 amends subdivision a of section 1113 of the vehicle and traffic law to allow drivers to disobey flashing red light indications in order to give right of way to emergency vehicles.

Section 5 amends section 1116 of the vehicle and traffic law to allow drivers to disobey lane use control signal indications in order to give right of way to emergency vehicles.

Section 6 outlines the circumstances under which a driver may disobey a traffic signal in order to give right of way to emergency vehicles.

Section 7 establishes the effective date.

Justification

New York law clearly states that, after exercising due care, a driver must make all efforts to provide emergency vehicles with an unimpeded right of way when the emergency vehicle has its lights flashing. This is perfectly logical public safety measure and it's something that's understood by all drivers. However, there is a common permutation of this rule that is not explicitly accounted for by the law: what to do when you are stopped at a red light and an ambulance is urgently trying to get through. The answer for most drivers is obvious, if you are unable to otherwise move out of the way, you check to ensure that you can safely move through the intersection, and let the ambulance pass. However, not only is it unclear that drivers are permitted to do the obvious, but they may even be hit with a red light camera ticket for doing the right thing. The Yonkers Parking Violation Bureau takes a commonsense interpretation of the law, stating on its website that: "You must move your vehicle out of the way for emergency vehicles as per NYS law. If you do and there is a red light camera at the intersection, you will NOT receive a violation if you had to move through the red light to get out of the way of an emergency vehicle." However, there is actually nothing in the law that explicitly supports this conclusion, so drivers in other municipalities are faced with the cost and inconvenience of contesting violations for doing exactly what they should do under the circumstances. This legislation fixes this oversight, by making it explicit that a driver may disobey a traffic signal when he or she can do so safely when an emergency vehicle with its flashing lights activated needs to get through. At least five states-Delaware, Illinois, Tennessee, Florida, and Maryland-already have laws on the books making yielding to emergency vehicles a statutory defense to red light camera tickets. This bill will also require municipalities to give drivers an easy way to appeal red light tickets issued under these circumstances, so that people won't be unnecessarily burdened for doing what's right.

Legislative history

2013-2014: S.7948

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law.