Amd §§1110, 1111, 1113, 1116 & 1144, add §1111-g, V & T L
Authorizes drivers to disobey a traffic-control device or signal, after exercising reasonable care, in order to yield the right of way to an authorized emergency vehicle.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A232
SPONSOR: Eichenstein TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to authorizing
an operator of a motor vehicle to disobey a traffic-control device or
signal in the course of yielding the right of way to an authorized emer-
gency vehicle
PURPOSE OR GENERAL IDEA OF BILL:
To explicitly codify that the driver of a motor vehicle may, after exer-
cising due care, move through a red light in order to let an authorized
emergency vehicle pass and to make provisions for the simple appeal of
red-light camera tickets incurred under such circumstances.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision a of section 1110 of the vehicle and traf-
fic law to allow drivers to disobey official traffic control devices in
order to give right of way to emergency vehicles.
Section 2 amends paragraphs 1 and 3 of subdivision d of section 1111 of
the vehicle and traffic law to allow drivers to disobey circular red
lights and red arrows in order to give right of way to emergency vehi-
cles.
Section 3 requires municipalities to review red light camera tickets to
determine whether a driver passed through a red light to give right of
way to an emergency vehicle and to provide a simplified mechanism for
individuals to appeal red light tickets on these grounds.
Section 4 amends subdivision a of section 1113 of the vehicle and traf-
fic law to allow drivers to disobey flashing red light indications in
order to give right of way to emergency vehicles.
Section 5 amends section 1116 of the vehicle and traffic law to allow
drivers to disobey lane use control signal indications in order to give
right of way to emergency vehicles.
Section 6 outlines the circumstances under which a driver may disobey a
traffic signal in order to give right of way to emergency vehicles.
Section 7 establishes the effective date.
JUSTIFICATION:
New York law clearly states that, after exercising due care, a driver
must make all efforts to provide emergency vehicles with an unimpeded
right of way when the emergency vehicle has its lights flashing. This is
perfectly logical public safety measure and it's something that is
understood by all drivers. However, there is a common permutation of
this rule that is not explicitly accounted for by the law: what to do
when you are stopped at a red light and an ambulance is urgently trying
to get through. The answer for most drivers is obvious, if you are
unable to otherwise move out of the way, you check to ensure that you
can safely move through the intersection and let the ambulance pass.
However, not only is it unclear that drivers are permitted to do the
obvious, but they may even be hit with a red-light camera ticket for
doing the right thing. The Yonkers Parking Violation Bureau takes a
commonsense interpretation of the law, stating on its website that: "You
must move your vehicle out of the way for emergency vehicles as per NYS
law. If you do and there is a red-light camera at the intersection, you
will NOT receive a violation if you had to move through the red light to
get out of the way of an emergency vehicle." However, the re is actually
nothing in the law that explicitly supports this conclusion, so drivers
in other municipalities are faced with the cost and inconvenience of
contesting violations for doing exactly what they should do under the
circumstances. This legislation fixes this oversight, by making it
explicit that a driver may disobey a traffic signal when he or she can
do so safely when an emergency vehicle with its flashing lights acti-
vated needs to get through. At least five states-Delaware, Illinois,
Tennessee, Florida, and Mary- land-already have laws on the books making
yielding to emergency vehicles a statutory defense to red light camera
tickets. This bill will also require municipalities to give drivers an
easy way to appeal red light tickets issued under these circumstances,
so that people won't be unnecessarily burdened for doing what's right.
PRIOR LEGISLATIVE HISTORY:
2021-22: A2366 - Referred to transportation
2019-20: A7252 - Referred to transportation
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
