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A3108Assembly2019-2020 Session

Require Drivers Move Over

Official title

“Requires a driver approaching stationary emergency vehicles, tow or recovery trucks, or highway maintenance vehicles to switch lanes or reduce the speed of a motor vehicle”

Sponsor J. Gary PretlowAD-89Affects Transportation
Status
In Assembly Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires drivers to move over or slow down when approaching stationary emergency, tow, or highway maintenance vehicles displaying flashing lights, and establishes fines for violations.

Why it matters

  1. Expands protections for roadside workers. by requiring drivers to move over or slow down not just for emergency vehicles, but also for tow trucks, recovery vehicles, and highway maintenance vehicles displaying flashing lights—broadening the scope of current law.

  2. Aims to reduce injuries and fatalities. among first responders and roadside workers by addressing the risks posed by passing traffic, especially on busy or high-speed roads.

  3. Introduces escalating fines. (up to $100 for a first violation and $500 for subsequent violations), creating stronger financial incentives for drivers to comply and reinforcing the seriousness of these safety requirements.

  4. Clarifies drivers' responsibilities. by specifying actions (lane change when possible, otherwise slow down and be prepared to stop) and maintaining that emergency vehicle drivers must also exercise reasonable care, supporting mutual responsibility on the road.

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Who cares

  • Motorists

    Drivers approaching the covered stationary vehicles with flashing lights would have to move into a nonadjacent lane when safe or slow down and be prepared to stop, with fines up to $100 for a first violation and $500 for subsequent violations.

  • Emergency responders

    Drivers approaching stationary authorized emergency vehicles displaying specified flashing lights would have to use due caution and move over or slow down.

  • Tow and recovery operators

    The bill would require approaching drivers to move over when safe or slow down while tow or recovery vehicles display flashing lights during roadside recovery or loading.

  • Highway maintenance crews

    Stationary highway maintenance vehicles displaying flashing lights would trigger the bill’s requirements for approaching drivers to use caution and move over or slow down.

Headline styles

Require Drivers Move Over

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

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

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

STATE OF NEW YORK

3108

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to requiring an operator of a motor vehicle approaching stationary emergency vehicles, tow or recovery trucks, or highway maintenance vehicles on the roadway to switch lanes or reduce the speed of a motor vehicle

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

Section 1. Subdivision (b) of section 1144 of the vehicle and traffic law, as amended by chapter 300 of the laws of 1960, is amended to read as follows:

(b) The operator of a motor vehicle approaching a stationary authorized emergency vehicle that displays flashing yellow, amber, white, red or blue lights, or a stationary tow vehicle or a recovery vehicle that displays flashing lights while performing a recovery or loading on the roadside, or a stationary highway maintenance vehicle that displays flashing lights, shall approach such emergency vehicle, tow vehicle, recovery vehicle or highway maintenance vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:

(1) if existing safety and traffic conditions permit, make a lane change into a lane not adjacent to such vehicles; or

(2) if a lane change pursuant to paragraph one of this subdivision is not possible, reduce the speed of such motor vehicle to a reasonable and proper speed for existing road and traffic conditions, and shall be prepared to stop such motor vehicle.

Violation of this subdivision shall be punishable by a fine not to exceed one hundred dollars for the first violation and five hundred dollars for any subsequent violations of this subdivision.

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

[ ] is old law to be omitted.

LBD04416-01-9

A. 3108 2

(c) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

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.