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S355Senate2017-2018 Session

Let Drivers Yield to Sirens

Official title

“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”

Sponsor José PeraltaSD-13+1 co-sponsorAffects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill allows drivers to legally disobey traffic signals if necessary to yield to authorized emergency vehicles and updates related procedures.

Why it matters

  1. Improves legal clarity and protection for drivers. By explicitly allowing drivers to disobey traffic signals when yielding to emergency vehicles, this amendment helps protect drivers from being ticketed or penalized for actions taken to facilitate first responders, reducing ambiguity about what is legally permissible in urgent situations.

  2. Updates automated ticketing review procedures. Municipalities using red-light cameras must now implement a process to review violations and void tickets if the infraction occurred while yielding to an emergency vehicle, ensuring that automated systems account for lawful, safety-driven exceptions.

  3. Provides an appeals mechanism for drivers. Notices of liability (traffic camera tickets) are required to include a space for drivers to indicate that their action was taken to yield for an emergency vehicle, making it easier for drivers to contest tickets issued in these circumstances and to prompt a mandated review.

  4. Encourages safer, more predictable behavior during emergencies. By codifying the ability to disobey certain traffic signals in the context of yielding to emergency vehicles, the law aims to reduce hesitation or confusion among drivers, potentially improving emergency response times and roadway safety for everyone.

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Who cares

Headline styles

Let Drivers Yield to Sirens

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
José Peralta

Senator · Senate District 13

1 Co-sponsor

History

  1. Referred to transportation
  2. Returned to senate
  3. Died in assembly
  4. Referred to transportation
  5. Delivered to assembly
  6. Passed senateVote 58–4
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.690
  10. Referred to transportation

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

355

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to authorizing an operator of a motor vehicle to disobey a traffic-control device or signal in the course of yielding the right of way to an authorized emergency vehicle

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (a) of section 1110 of the vehicle and traffic law, as amended by chapter 259 of the laws of 1964, is amended to read as follows:

(a) Every person shall obey the instructions of any official trafficcontrol device applicable to him or her placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, or unless otherwise authorized by section eleven hundred forty-four of this title, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.

§ 2. Paragraphs 1 and 3 of subdivision (d) of section 1111 of the vehicle and traffic law, paragraph 1 as amended by chapter 760 of the laws of 1974 and paragraph 3 as amended by chapter 356 of the laws of 1971 and as renumbered by chapter 760 of the laws of 1974, are amended to read as follows:

1. Traffic, except pedestrians, facing a steady circular red signal, unless to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and shall remain standing until an indication to proceed is

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00062-01-7

S. 355 2

shown except as provided in paragraph two of this subdivision or as authorized by section eleven hundred forty-four of this title.

3. Traffic, except pedestrians, facing a steady red arrow signal may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and shall remain standing until an indication to proceed is shown except as authorized by section eleven hundred forty-four of this title.

§ 3. The vehicle and traffic law is amended by adding a new section 1111-f to read as follows:

§ 1111-f. Review of traffic-control violation; yielding right of way to an authorized emergency vehicle. (a) Every municipality which is authorized to install and operate traffic-control signal photo violation monitoring devices pursuant to this article, shall establish and implement a program and methodology which provides for the review of the photographs, microphotographs, videotape or other recorded images produced by its traffic-control signal photo violation monitoring devices to determine whether any owner charged with a violation of subdivision (d) of section eleven hundred eleven of this article, disobeyed the traffic-control signal as authorized by section eleven hundred forty-four of this title; in which case, any notice of liability for such violation shall be void.

(b) Every such municipality shall include space on each notice of liability it issues, in which an owner may indicate that the alleged violation was authorized in order to yield the right of way to an authorized emergency vehicle in accordance with section eleven hundred forty-four of this title. In each instance in which an owner so indicates, the municipality shall cause a review to be conducted pursuant to subdivision (a) of this section.

§ 4. Subdivision (a) of section 1113 of the vehicle and traffic law, as amended by chapter 722 of the laws of 2006, is amended to read as follows:

(a) Flashing red indications. Unless to make another movement permitted by other indications shown at the same time or as authorized by section eleven hundred forty-four of this title, vehicular traffic facing a circular red signal or red arrow with rapid intermittent flashes shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

§ 5. The opening paragraph of section 1116 of the vehicle and traffic law, as amended by chapter 228 of the laws of 2012, is amended to read as follows:

Whenever traffic is controlled by lane-use control signal indications located over the individual lanes of a highway, only the colors green, yellow, white and red shall be used, and said signals shall, except as otherwise required by section eleven hundred forty-four of this title, indicate and apply as follows:

S. 355 3

§ 6. Subdivision (a) of section 1144 of the vehicle and traffic law, as amended by chapter 606 of the laws of 1994, is amended to read as follows:

(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, airhorn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer. A driver, after exercising reasonable care for all persons using the highway, may disobey any official traffic-control device or traffic-control signal, when such disobedience is necessary to yield the right of way to an authorized emergency vehicle.

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to authorizing an operator of a motor vehicle to disobey a traffic-control device or signal in the course of yielding the right of way to an authorized emergency vehicle

Purpose

To explicitly codify that the driver of a motor vehicle may, after exercising due care, move through a red light in order to let an authorized emergency vehicle pass and to make provisions for the simple appeal of red light camera tickets incurred under such circumstances.

Summary of provisions

Section 1 amends subdivision a of section 1110 of the vehicle and traffic law to allow drivers to disobey official traffic control devices in order to give right of way to emergency vehicles.

Read the full memo (710 words)

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

2015-2016 - S1303A 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.