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Update: Here's a look at the new law requiring drivers to "Move Over" for Vol. Firefig



S T A T E O F N E W Y O R K

________________________________________________________________________

8702

I N A S S E M B L Y

January 13, 2016

___________

Introduced by M. of A. MAGNARELLI -- read once and referred to the

Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the opera-

tion of vehicles when approaching a parked, stopped or standing

authorized emergency or hazard vehicle or volunteer first responder

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

BLY, DO ENACT AS FOLLOWS:

1 Section 1. Section 1144-a of the vehicle and traffic law, as amended

2 by chapter 458 of the laws of 2011, subdivision (a) as amended by chap-

3 ter 248 of the laws of 2013, is amended to read as follows:

4 S 1144-a. Operation of vehicles when approaching a parked, stopped or

5 standing authorized emergency [vehicle] or hazard vehicle OR VOLUNTEER

6 FIRST RESPONDER. (a) Every operator of a motor vehicle shall exercise

7 due care to avoid colliding with [an authorized emergency] A DESIGNATED

8 vehicle which is parked, stopped or standing on the shoulder, TRAVEL

9 LANES or any portion of [such] A PUBLIC highway and such [authorized

10 emergency] DESIGNATED vehicle is displaying one or more red or combina-

11 tion red and white, AMBER, BLUE OR GREEN lights pursuant to the

12 provisions of paragraph two, THREE, FOUR OR FIVE of subdivision forty-

13 one of section three hundred seventy-five of this chapter [or is

14 displaying one or more blue, combination blue and red or combination

15 blue, red and white lights pursuant to the provisions of subparagraph b

16 of paragraph four of subdivision forty-one of section three hundred

17 seventy-five of this chapter]. For operators of motor vehicles on park-

18 ways, PUBLIC HIGHWAYS or controlled access highways, such due care shall

19 include, but not be limited to, moving from a lane which contains or is

20 immediately adjacent to the shoulder OR LANE where such [authorized

21 emergency] DESIGNATED vehicle displaying one or more red[, blue or

22 white] or [any] combination of red and white, AMBER, BLUE OR GREEN

23 lights [or blue or combination blue and red or combination blue, red and

24 white lights] pursuant to the provisions of paragraph two [or subpara-

25 graph b of paragraph four, as applicable], THREE, FOUR OR FIVE of subdi-

26 vision forty-one of section three hundred seventy-five of this chapter

27 is parked, stopped or standing to another lane, provided [that such

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

[ ] is old law to be omitted.

LBD01976-01-5

A. 8702 2

1 movement otherwise complies with the requirements of this chapter

2 including, but not limited to, the provisions of sections eleven hundred

3 ten of this title and eleven hundred twenty-eight of this title] A DRIV-

4 ER REQUIRED TO MOVE FROM A LANE PURSUANT TO THIS SECTION SHOULD, WHEREV-

5 ER POSSIBLE, COMPLY WITH THE PROVISIONS OF THIS CHAPTER, BUT IN THE

6 EVENT SUCH COMPLIANCE WOULD PREVENT A DRIVER FROM MOVING TO ANOTHER

7 LANE, THE DRIVER MAY DISREGARD ANY PROHIBITIVE LANE MARKINGS OR TRAFFIC

8 CONTROL DEVICES AS AN EMERGENCY MEASURE INTENDED TO PREVENT AN IMMINENT

9 COLLISION. SUCH EMERGENCY MEASURE MAY ONLY BE UTILIZED WHEN THE DRIVER

10 IS ABLE TO MOVE FROM THE DRIVER'S LANE SAFELY. IN THE EVENT THAT CONDI-

11 TIONS PREVENT A DRIVER FROM MOVING TO ANOTHER LANE SAFELY, THE DRIVER

12 SHALL BE REQUIRED TO REDUCE THE SPEED OF THE DRIVER'S VEHICLE TO A SPEED

13 THAT IS REASONABLE AND PRUDENT UNDER THE CONDITIONS AND HAVING REGARD TO

14 THE ACTUAL AND POTENTIAL HAZARDS THEN EXISTING PURSUANT TO SUBDIVISION

15 (A) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS TITLE.

16 (b) [Every operator of a motor vehicle shall exercise due care to

17 avoid colliding with a hazard vehicle which is parked, stopped or stand-

18 ing on the shoulder or on any portion of such highway and such hazard

19 vehicle is displaying one or more amber lights pursuant to the

20 provisions of paragraph three of subdivision forty-one of section three

21 hundred seventy-five of this chapter. For operators of motor vehicles on

22 parkways or controlled access highways, such due care shall include, but

23 not be limited to, moving from a lane which contains or is immediately

24 adjacent to the shoulder where such hazard vehicle displaying one or

25 more amber lights pursuant to the provisions of paragraph three of

26 subdivision forty-one of section three hundred seventy-five of this

27 chapter is parked, stopped or standing to another lane, provided that

28 such movement otherwise complies with the requirements of this chapter

29 including, but not limited to, the provisions of sections eleven hundred

30 ten and eleven hundred twenty-eight of this title.] ANY PERSON WHO

31 VIOLATES SUBDIVISION (A) OF THIS SECTION AND WHO ENGAGES IN RECKLESS

32 DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, AND

33 CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON SHALL BE GUILTY OF A

34 CLASS E FELONY.

35 (C) ANY PERSON WHO VIOLATES SUBDIVISION (A) OF THIS SECTION AND WHO

36 ENGAGES IN RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED TWELVE

37 OF THIS CHAPTER, AND CAUSES THE DEATH OF ANOTHER PERSON SHALL BE GUILTY

38 OF A CLASS D FELONY.

39 S 2. This act shall take effect on the one hundred eightieth day after

40 it shall have become a law.

Here is a link to the new bill: http://legislation.nysenate.gov/pdf/bills/2015/A8702


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