What's happening
This bill increases criminal penalties for drivers who recklessly injure or kill someone when failing to move over for emergency or hazard vehicles.
Why it matters
The bill introduces felony-level criminal charges (Class E, D, and C felonies) for drivers who, by recklessly failing to move over or exercise due care, cause physical injury, serious physical injury, or death to others near emergency or hazard vehicles. This raises the legal stakes significantly, meaning such acts are no longer treated as minor traffic violations but as serious crimes with potential jail time and a permanent criminal record.
Repeat offenders face escalating penalties, including higher fines and more severe felony charges if violations occur within an 18-month window. This provision aims to deter habitual reckless behavior near stopped emergency or hazard vehicles by making the consequences progressively more severe.
The bill mandates automatic six-month driver’s license suspensions for anyone convicted of causing serious injury or death in these circumstances. This administrative penalty adds another layer of consequence, directly impacting an offender’s ability to drive even beyond any criminal sentence.
A public information campaign will be launched to educate drivers about the heightened risks and penalties associated with failing to move over for emergency or hazard vehicles. This aims to increase compliance and potentially save lives by making drivers more aware of both their responsibilities and the consequences of reckless behavior.
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Who cares
Motor vehicle drivers
The bill would impose misdemeanor or felony penalties for recklessly violating these roadside due-care requirements and causing injury or death, with a six-month license or registration suspension for convictions involving serious injury or death.
Emergency responders and hazard vehicle operators
The bill would add criminal penalties for reckless driving violations that cause injury or death when approaching their stopped vehicles displaying the specified warning lights.
Prosecutors
The bill would establish offenses ranging from a class A misdemeanor for physical injury to a class C felony for death, with enhanced penalties for repeat physical-injury violations within eighteen months.
Division of Criminal Justice Services
The agency would have to establish a public information campaign explaining the serious criminal penalties for reckless violations that cause injury or death.
Headline styles
Tougher Move Over Law
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 108
4 Co-sponsors
2 Multi-sponsors
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.
Toughen Move Over Penalties
In Senate Committee · Transportation · Sponsor Patrick M. Gallivan
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3826
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. McDONALD -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1144-a of the vehicle and traffic law, as amended by chapter 458 of the laws of 2011, the section heading as amended and subdivision (c) as added by chapter 97 of the laws of 2016, and subdivision (a) as amended by chapter 248 of the laws of 2013, is amended to read as follows:
§ 1144-a. Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light. (a) 1. Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter or is displaying one or more blue, combination blue and red or combination blue, red and white lights pursuant to the provisions of subparagraph b of paragraph four of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red, blue or white or any combination of red and white lights or blue or combination blue and red or combination blue, red and white lights pursuant to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00697-01-9
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provisions of paragraph two or subparagraph b of paragraph four, as applicable of subdivision forty-one of section three hundred seventyfive of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten [of this title] and eleven hundred twenty-eight of this title.
[(b)] 2. Every operator of a motor vehicle shall exercise due care to avoid colliding with a hazard vehicle which is parked, stopped or standing on the shoulder or on any portion of such highway and such hazard vehicle is displaying one or more amber lights pursuant to the provisions of paragraph three of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such hazard vehicle displaying one or more amber lights pursuant to the provisions of paragraph three of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty-eight of this title.
[(c)] 3. Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light pursuant to the provisions of paragraph four or a green light pursuant to the provisions of paragraph five of subdivision forty-one of section three hundred seventy-five of this chapter which is parked, stopped or standing on the shoulder or any portion of such highway. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such vehicle displaying a blue light pursuant to the provisions of paragraph four or a green light pursuant to the provisions of paragraph five of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twentyeight of this title.
(b) 1. An operator of a motor vehicle who causes physical injury as defined under article ten of the penal law as a result of recklessly failing to exercise due care in violation of subdivision (a) of this section shall be guilty of a class A misdemeanor punishable by a fine of not less than two hundred fifty dollars nor more than five hundred dollars in addition to any other penalties provided by law. A conviction for a second or any subsequent violation, any of which were committed within a period of eighteen months, shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law.
2. An operator of a motor vehicle (i) who causes serious physical injury as defined under article ten of the penal law as a result of recklessly failing to exercise due care in violation of subdivision (a) of this section shall be guilty of a class D felony punishable by a fine of not less than one thousand dollars nor more than five thousand dollars in addition to any other penalty provided by law, or (ii) who causes death as a result of recklessly failing to exercise due care in
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violation of subdivision (a) of this section shall be guilty of a class C felony punishable by a fine of not less than two thousand nor more than five thousand dollars in addition to any other penalties provided by law, and by suspension of a license or registration pursuant to subparagraph (xviii) of paragraph b of subdivision two of section five hundred ten of this chapter.
(c) For the purposes of this section, the term "recklessly" shall have the same meaning as defined in section 15.05 of the penal law.
§ 2. Paragraph b of subdivision 2 of section 510 of the vehicle and traffic law is amended by adding a new subparagraph (xviii) to read as follows:
(xviii) for a period of six months where the holder is convicted of a violation of paragraph two of subdivision (b) of section eleven hundred forty-four-a of this chapter and the commission of such violation caused serious physical injury to or death of another person.
§ 3. The division of criminal justice services shall establish a public information campaign to instruct the public that operating a motor vehicle when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light that results in physical injury, serious physical injury or death as a result of the operator recklessly failing to exercise due care to avoid a collision can result in serious criminal penalties.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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