What's happening
This bill allows designated police or public officers to order removal of vehicles after accidents or emergencies, limiting liability unless actions are reckless or grossly negligent.
Why it matters
Streamlines accident and emergency response. By allowing designated officers to quickly order the removal of vehicles, the bill aims to reduce traffic congestion and restore public safety faster after incidents, which could impact emergency response times and overall roadway efficiency.
Shifts liability standards. The bill limits the circumstances under which police and those acting under their direction can be sued for vehicle or property damage during removals, raising the bar to "reckless or grossly negligent" conduct. This reduces the risk of lawsuits for officers and contracted tow operators, but also means vehicle owners have less recourse for damages unless there’s significant misconduct.
Clarifies authority at accident scenes. By explicitly stating which officers can make these decisions, the law helps avoid confusion or disputes about who can direct vehicle removal, potentially reducing delays and conflicts at chaotic scenes.
Could affect insurance claims and costs. With stricter liability limits for removals, vehicle owners may need to rely more on their own insurance for damages, possibly affecting claim processes and coverage expectations.
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Who cares
Headline styles
Let Police Remove Vehicles
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2587
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to emergency rule with respect to the removal of vehicles from public streets and highways
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1602 of the vehicle and traffic law is amended by adding a new subdivision (e) to read as follows:
(e) A police officer or other public officer who has been designated by the state or a political subdivision thereof to regulate traffic at the scene of an accident or special emergency may, in the interests of public safety and convenience, direct that a vehicle and its contents be removed from a public street or highway. Such police officer or other public officer and any person acting pursuant to his or her direction shall not be liable for any damage to such vehicle or its contents unless such removal was carried out in a reckless or grossly negligent manner.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00970-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.