What's happening
This bill requires drivers to exercise due care and move over when approaching vehicles in distress parked on highway shoulders.
Why it matters
Expands existing "Move Over" law protections. to include all vehicles in distress, not just emergency or hazard vehicles, meaning drivers must take extra care around any car experiencing an emergency on the shoulder (e.g., mechanical breakdown, flat tire, or other emergencies).
Defines “vehicle in distress” more broadly. , including vehicles showing warning signals like flashing hazard lights, road flares, reflective triangles, white flags, or visible smoke—clarifying which vehicles drivers must be cautious around, potentially reducing ambiguity during enforcement and helping drivers identify when to move over.
Increases safety for everyday motorists. not just emergency responders or roadside workers—by requiring drivers to slow down and change lanes (where possible) for anyone experiencing car trouble, thereby aiming to prevent secondary crashes and injuries to stranded drivers and their passengers.
May influence driver education and traffic enforcement policies. , as law enforcement and public awareness campaigns may need to emphasize the broader range of situations covered, potentially leading to more citations but also greater overall awareness and compliance.
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Who cares
Drivers of vehicles in distress
The bill would require approaching motorists to exercise due care to avoid hitting their vehicles while stopped on a highway shoulder during an emergency.
Parkway and controlled-access highway drivers
The bill would require them to move out of the lane containing or immediately adjacent to a distressed vehicle on the shoulder when that lane change complies with traffic law.
Drivers using roadside warning signals
The bill would recognize hazard lights, road flares, an orange reflective triangle and a white window flag as possible indicators of a vehicle in distress, along with abnormal smoke.
Headline styles
Protect Cars on Highway Shoulder
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3889
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. ZEBROWSKI, JAFFEE, COLTON, CAHILL, GUNTHER, LUPARDO, GOTTFRIED, OTIS, GALEF, PAULIN, SANTABARBARA, CROUCH -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, ENGLEBRIGHT, GLICK, JEAN-PIERRE -- 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 to exercise due care to avoid colliding with a vehicle in distress which is parked, stopped, or standing on the shoulder of a highway
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 159-b to read as follows:
§ 159-b. Vehicle in distress. A vehicle which is parked, stopped, or standing on the shoulder of a highway, interstate, parkway, or road that is experiencing an emergency condition. A vehicle in distress may be identified by several features including but not limited to flashing amber hazard warning lights, road flares, orange reflective triangle, white flag in the window, or abnormal smoke coming from the vehicle.
§ 2. 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 blue or green light or vehicle in distress. (a) 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06519-01-9
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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 provisions of paragraph two or subparagraph b of paragraph four, as applicable 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 of this title and eleven hundred twenty-eight of this title.
(b) 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) 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.
(d) Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle in distress which is parked, stopped, or standing on the shoulder of a 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 a vehicle in distress is parked, stopped or standing to another lane, provided that such movement other-
A. 3889 3
wise 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.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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