What's happening
This bill requires drivers involved in non-injury accidents to move their vehicles from traffic lanes to a safe nearby location if possible.
Why it matters
Reduces unnecessary traffic congestion and secondary accidents. by requiring operable vehicles from non-injury crashes to be moved out of active travel lanes, helping keep traffic flowing and roadways safer.
Clarifies that moving a vehicle after a crash does not mean anyone admits fault or that no injuries have occurred. , protecting drivers from unintended legal consequences simply for clearing the road.
Ensures critical accident procedures remain intact. by requiring police to file reports as usual, and specifically prohibits unqualified individuals from moving hazardous materials or certain vehicles, maintaining public safety standards.
Provides legal protection for drivers who comply. with moving their vehicles by explicitly stating they are not violating the law by doing so, reducing possible fear of repercussions for following these new requirements.
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Who cares
Drivers involved in crashes without injury or death
They would have to immediately move operable vehicles out of travel lanes to a safe nearby location when safe to do so, without movement alone establishing fault or violating accident-scene obligations if they remain nearby.
Police officers investigating crashes
Moving a vehicle under the bill would not eliminate any otherwise required crash report.
Hazardous-materials haulers and cleanup crews
The bill would not authorize unqualified people to clear hazardous materials or allow vehicles carrying them to be moved contrary to applicable law.
Headline styles
Move Cars After Minor Accidents
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Move Cars After Minor Accidents
In Assembly Committee · Transportation · Sponsor David Gantt
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4182
2017-2018 Regular Sessions
IN SENATE
February 6, 2017
Introduced by Sen. DILAN -- 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 removing vehicles from traffic following an accident
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 600 of the vehicle and traffic law is amended by adding a new subdivision 3 to read as follows:
3. Removal of a vehicle. A person who moves a vehicle in a manner consistent with subdivision (e) of section twelve hundred of this chapter and who remains in the immediate vicinity of an accident shall not be construed to be in violation of this section because of such movement.
§ 2. Section 1200 of the vehicle and traffic law is amended by adding a new subdivision (e) to read as follows:
(e) Whenever a vehicle is involved in an accident involving no personal injury or death, the driver of any involved vehicle shall immediately move or cause removal of the vehicle from the travel lane to a safe location along the highway in the immediate vicinity of the incident, provided that the vehicle is operable and the movement of the vehicle can be done safely. Movement consistent with the provisions of this subdivision shall not be construed to imply that no injury has occurred nor shall the driver be considered liable or at fault regarding the cause of the accident solely by moving or causing the removal of the vehicle. Moving a vehicle consistent with this subdivision shall not relieve an investigating police officer from the obligation to file a report otherwise required. Nothing in this subdivision shall be construed to authorize otherwise unqualified persons to clear or remove hazardous materials from the highway or to move vehicles which are transporting hazardous materials in a manner inconsistent with applicable law.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01885-01-7
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 removing vehicles from traffic following an accident
Purpose
To allow police officers and other public officers to direct that vehicles and their contents be removed from public highways and to relieve such Police officer and public officers, and anyone acting pursuant to their direction from liability for such removal, unless such removal was carried out in a reckless or grossly negligent manner.
Summary of provisions
Adds a new paragraph to section 1602 of the vehicle and traffic law to accomplish the foregoing.
Justification
Numerous studies have indicated that delays in clearing highways of wrecked or damaged vehicles often leads to secondary accidents and a loss of productivity by persons who are inconvenienced by highways that are closed as the result of accidents. For this reason, many police agencies and political subdivisions have adopted "quick clearance" procedures that are designed to open highways in as short a time as possible. These procedures often require the removal of vehicles (sometimes by the use of bulldozers) in a manner that results in unavoidable damage to Such vehicles and their cargo.
This bill relieves police officers and other public officers, and any persons acting pursuant to their direction, from liability for damage caused to such vehicles and cargo unless such removal is carried out in a reckless or grossly negligent manner.
Legislation of this nature is endorsed by the 1-95 Corridor Coalition, a coalition consisting of transportation, police, emergency and private sector interests that range from Maine to Florida.
Legislative history
2013-2014: S.393/A.1427 Referred to transportation 2015-2016: S.1243/A.622 Referred to transportation
Fiscal impact
None to the state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.