What's happening
This bill increases criminal penalties for drivers who recklessly injure or kill others when failing to move over for emergency or hazard vehicles.
Why it matters
The bill introduces escalating criminal charges (from misdemeanor to felony) for drivers who, by recklessly failing to move over or exercise due care around stopped emergency or hazard vehicles, cause injury, serious injury, or death. This means that what was previously a traffic violation could now lead to a criminal record, jail time, and substantial fines if someone is hurt or killed.
Repeat offenders within an 18-month period face harsher penalties, including felony charges and higher fines. This targets habitual violators and aims to deter repeat dangerous behavior by increasing the legal consequences for multiple offenses.
If a driver causes serious injury or death under these circumstances, they not only face felony charges but also a mandatory six-month license suspension. This ensures that those found responsible for the most severe outcomes are temporarily removed from the road, which is intended to protect the public.
A public education campaign is mandated to raise awareness about these new legal consequences. This effort addresses the common ignorance about “move over” laws and aims to prevent tragedies by informing drivers that reckless conduct near emergency and hazard vehicles can now result in serious criminal charges.
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Who cares
Headline styles
Toughen Move Over Penalties
Plain English, a few words. Used as the page title.
Sponsors
2 Co-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.
Tougher Move Over Law
In Assembly Committee · Transportation · Sponsor John T. McDonald III
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1332
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. GALLIVAN -- 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 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
S. 1332 2
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
S. 1332 3
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.
Sponsor's memo
Title of bill
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
Purpose
This bill increases the penalties for a violation of the move-over law when a law enforcement officer, first responder, tow truck operator or other applicable safety personnel are physically injured or killed because of such violation.
Summary of provisions
Section 1 of the bill amends Section 1144-a of the vehicle and traffic law to establish penalties for a violation of the move-over law that results in physical or serious physical injury.
Section 2 of the bill requires a person's driving privileges be suspended upon conviction of a violation of the move-over law that resulted in serious physical injury or death.
Section 3 requires the Division of Criminal Justice Services to estab- lish a public information campaign.
Section 4 establishes the effective date
Justification
Efforts to protect our first responders and other safety personnel from the dangers associated with providing emergency assistance along high- ways, including controlled-access highways, prompted the enactment of the "Ambrose-Searles Move-Over Act" in 2010. The move-over law, as it is commonly referred to, requires motorists to exercise due care in approaching a vehicle that has stopped, parked or is standing as identi- fied by the illumination of said vehicle's flashing emergency lights. The goal of this important statutory provision, however, which was to forestall future collisions resulting in injury or death of said person- nel, unfortunately has failed to achieve its objective. In order to provide further protection, this legislation requires the establishment of a public information campaign to educate the driving public of the seriousness of a violation of the move-over law that results in injury or death and increases the penalties for such violations.
Legislative history
2017-18: S.8196/A.10825 Referred to Transportation
Fiscal implications
Not yet determined.
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.