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S6171Senate2019-2020 Session

Clear Highway After Accidents

Official title

“Relates to the removal of vehicles, cargo or debris from the highway”

Sponsor Timothy M. KennedySD-63Affects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill allows vehicles involved in non-injury accidents to be moved off the roadway and authorizes immediate removal of vehicles, cargo, or debris from state highways without liability unless done recklessly.

Why it matters

  1. Reduces traffic congestion and secondary accidents. by allowing drivers involved in non-injury crashes to legally move their vehicles out of traffic lanes without being penalized for leaving the original accident scene.

  2. Speeds up highway clearing and emergency response. by empowering police, transportation officials, or their designees to immediately remove vehicles, cargo, or debris that block state highways.

  3. Protects responders from most liability. for damages that occur during the removal process, unless they act recklessly or with gross negligence—potentially making agencies more willing to act quickly in clearing hazards.

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Who cares

Headline styles

Clear Highway After Accidents

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

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

No co-sponsors yet.

History

  1. Referred to transportation
  2. Returned to senate
  3. Died in assembly
  4. Referred to transportation
  5. Delivered to assembly
  6. Passed senateVote 62–0
  7. Ordered to third reading cal.1363
  8. Committee discharged and committed to rules
  9. Referred to transportation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6171

2019-2020 Regular Sessions

IN SENATE

May 21, 2019

Introduced by Sen. KENNEDY -- (at request of the Department of Transportation) -- 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 and the highway law, in relation to the removal of vehicles and cargo from the highway

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

Section 1. Section 600 of the vehicle and traffic law is amended by adding a new subdivision 4 to read as follows:

4. Any person operating a motor vehicle involved in an accident not involving personal injury or death who moves such vehicle to a location off the roadway but as near as possible to the place where the damage occurred, so as not to obstruct the regular flow of traffic, shall not be construed to be in violation of subdivision one of this section because of such movement.

§ 2. Subdivision 2 of section 15 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows:

2. The commissioner [of transportation] or a police officer, or any person acting at the direction of the commissioner or a police officer, shall have the power to cause the immediate removal, from the right of way of any state highway, of any vehicle, cargo, or debris which obstructs or interferes with the use of such a highway for public travel; or which obstructs or interferes with the construction, reconstruction or maintenance of such a highway; or which obstructs or interferes with the clearing or removal of snow or ice from such a highway; or which obstructs or interferes with any operation of the department of transportation during a public emergency. The commissioner or a police officer, or any person acting at the direction of the commissioner or a police officer, shall not be liable for any damage to such vehicle, cargo, or debris, unless such removal was carried out in a reckless or grossly negligent manner.

§ 3. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD09208-01-9

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 and the highway law, in relation to the removal of vehicles and cargo from the highway

Purpose of the bill

The purpose of this bill is to amend the vehicle and traffic law and highway law, in relation to removal of vehicles and cargo from highways.

Summary of provisions

Section 1. Amends section 600 of the Vehicle and Traffic Law to add a new subdivision to provide that a driver who moves his/her vehicle off of the roadway after an accident, while remaining as near as possible to the accident site, is not in violation of Vehicle and Traffic Law § 600.

Section 2. Amends subdivision 2 of section 15 of the Highway Law to authorize the commissioner or a police officer, or any person acting at the direction of the commissioner or a police officer, to cause the immediate removal from the state's right of way of any vehicle, cargo or debris and would provide that the commissioner, or a police office, or any person acting at the direction of the commissioner or a police offi- cer, shall not be liable for any damage to such vehicles, cargo or debris unless such removal is carried out in a reckless or grossly negligent manner.

Section 3. Effective Date.

Justification

The longer an incident remains on the roadway, the more likely there is to be a secondary incident, increasing the risk of death or serious personal injury to the public and emergency responders. According to the Federal Highway Administration, approximately 20 percent of all incidents are secondary incidents. Additionally, for each minute that a travel lane is blocked during peak use, an estimated 4 minutes of delay results after the incident is cleared, accounting for an estimated 4.2 billion hours per year in delays.

This legislation would assist in maintaining a safe roadway for the traveling public and lessen the negative economic and environment al impacts of traffic incidents to motorists and shippers. By clarifying the ability of the motorists involved in an accident to move out of the travel lane, and by clarifying the authority of incident responders to clear vehicles and cargo from travel lanes, it is more likely that the necessary steps will be taken at an incident scene to clear the road in a safe and timely manner.

Prior legislative history

New bill.

Fiscal implications

None known. May result in cost savings from reduced congestion and fewer secondary accidents.

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.