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

• Jack M. Martins

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

This bill would 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 one amends subdivision (a) of section 1144-a of the vehicle and traffic law to clarify that the move over act applies to authorized emergency vehicles stopped or standing on the shoulder, travel lanes or any portion of a public highway.

Section two amends section 1800 of the vehicle and traffic law regarding penalties for traffic infractions to add a new subdivision (e-1) which increases the penalty for individuals who operate a vehicle recklessly and causes serious physical injury to another person is guilty of a class E felony. Further, it increases the penalty for individuals who operate a vehicle recklessly and causes the death of another person will be guilty of a class D felony.

Section three establishes the effective date.

Justification

The "move over law" requires drivers approaching stopped police, emergency or hazard vehicles with their lights flashing to move over at least one lane away from such vehicle if traffic conditions allow. Any persons found in violation of these provisions will face a fine between $250 and $400, and/or imprisonment for a maximum of 30 days. Additionally, violators will receive a two point penalty on their driver's license; however, the law does not contain enhanced penalties where a driver causes death or serious physical injury in violation of the law.

In February of 2011, Nassau County 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, the box truck 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 "move over law" in its current form does not allow drivers to face enhanced penalties for killing or causing serious physical injury in violation of the law. Another fatal accident occurred in December of 2013 where New York State Trooper David W. Cunniff was killed when his patrol car, which was parked directly behind the vehicle he had just pulled over, was struck by a tractor trailer on the Thruway. The case against the driver of the tractor trailer is still pending in the Montgomery County Court.

This legislation would build upon the established protections provided to our emergency personnel and hazard vehicle operators by increasing the penalties for those who recklessly operate a motor vehicle when approaching a parked, stopped or standing authorized emergency or hazard vehicle that results in the death or causes serious physical injury to another person. LEGISLATIVE HISTORY :

2014: S.6297 referred to Transportation

Fiscal implications

None to the state

Effective date

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