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S4190Senate2017-2018 Session

Clarify Lane Marking Rules

Official title

“Relates to the presence of official full or partial lane markings on roadway”

Sponsor Martin Malavé DilanSD-18Affects Transportation
Status
In Senate Committee
Transportation
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill clarifies that double solid white lines indicate where lane changes are legally prohibited as designated by traffic authorities.

Why it matters

  1. Creates a clear legal definition for double solid white lines. , specifying that they indicate areas where lane changes are strictly prohibited by law, not merely discouraged, which can help reduce confusion among drivers and law enforcement.

  2. Links the definition of these markings to official traffic control standards. , ensuring statewide consistency in how these lines are interpreted and enforced, which matters for driver education and uniform enforcement.

  3. Empowers local and state traffic authorities. to designate specific areas where lane changes are prohibited for safety or traffic flow reasons, potentially reducing accidents in hazardous or high-traffic zones.

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Who cares

Headline styles

Clarify Lane Marking Rules

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

Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 18

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4190

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 roadway lane markings

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

Section 1. Subdivision (d) of section 1128 of the vehicle and traffic law, as added by chapter 206 of the laws of 1971, is amended to read as follows:

(d) When official markings are in place indicating those portions of any roadway where crossing such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive across such markings. For purposes of this subdivision, "official markings" shall mean lane line markings consisting of a solid double white line used to indicate where specific lane changing is legally prohibited for a particular section of roadway by official order, ordinance, rule or regulation, in conformance with the New York state manual and specifications for a uniform system of traffic control devices adopted by the commissioner of transportation pursuant to section sixteen hundred eighty of this chapter.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD01647-01-7

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 roadway lane markings

Purpose or general idea of bill

To amend the vehicle and traffic law by clarifying which roadway official traffic control devices prohibit the changing of travel lanes in the same direction.

Summary of specific provisions

Section 1 of the bill amends subdivision d of section 1128 of chapter 206 of vehicle and traffic law by changing the language "markings are in place indicating those portions of any roadway where crossing such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive across such markings" to read, "traffic control devices are in place indicating those portions of any roadway where the changing of lanes is prohibited, drivers of vehicles shall obey the direction of every such device." Additionally it adds the wording "For the purpose of this subdivision, official traffic control devices are designated by a double solid white line pavement marking or a sign.

Section 2 provides that this act shall take effect immediately.

Justification

As the current vehicle and traffic law 1128(d) is written, official highway markings are those that shall not at any time be crossed by a driver. The law's original intent was as a "no lane change" provision to the vehicle and traffic law. However, the current law is vague and allows police officers to issue a ticket in violation of section 1128(d)to anyone whom the officer deems has, in a-hazardous manner crossed a marking such as the edge line, which could include your own driveway entrance. The Appellate Term, of the Second Department found in the People v Shulman that the white edgeline along the side of the road does not constitute an "official marking" under VAT 1128(d). This court ruled in favor of Mr. Shulman, finding that the original intent of section 1128(d) was in specific reference to crossing barrier markings. The white edge line along the road, for instance, does not represent a barrier marking and thus is not an official roadway marking under section 1128(d). The presence barrier markings already indicates those portions of the roadway where the NYDOT has determined that crossing such markings would be especially hazardous and thus that changing lanes is prohibited.

Further, the extra wording "where crossing such markings would be especially hazardous" can be misconstrued as an additional criterion (to the presence of barrier markings) required being in violation of this law.

In this bill, the use of the phrase "where the changing lanes is prohibited", brings NYS VAT1128 (d) closer to the corresponding terminology in the Uniform Vehicle Code 11-309(d).

Prior legislative history

2013-2014: S.397A/A.3653 Referred to transportation 2015-2016: S.1649/A.10438 Referred to transportation

Fiscal implications

None.

Effective date

This act shall take effect immediately.

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