Requires an operator of a motor vehicle to exercise due care to avoid colliding with a vehicle which is parked, stopped, or standing on the shoulder of a parkway or controlled-access highway.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1077A
SPONSOR: Zebrowski
 
TITLE OF BILL:
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 motor vehicle which is parked, stopped, or standing on the shoulder of
a parkway or a controlled-access highway
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill expands the "move over" law to include vehicles that are
parked on the shoulder of a parkway or controlled-access highway.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends section 1144-a of the vehicle and traffic
law as it relates to requiring motorists to exercise due care when
approaching a vehicle that is parked, stopped or standing on the shoul-
der or on any portion of a parkway or a controlled-access highway.
Section two of the bill relates to the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendment clarifies that the provisions apply on parkways and cont-
rolled-access highways, and when approaching any vehicle that is parked,
stopped or standing on such parkways and highways.
 
JUSTIFICATION:
The previously enacted "move over" law has been effective in protecting
law enforcement, emergency vehicles, hazard vehicles, and those display-
ing blue or green lights that are stopped on the side of roadways.
Unfortunately, there are still tragedies each year involving other
motorists that are killed or seriously injured while stopped on the
shoulder to attend to an emergency. This legislation will expand the
"move over" law to require motorists driving on parkways and cont-
rolled-access highways to take due care to avoid colliding with any
vehicle parked, stopped or standing on the parkway or controlled-access
highway. This would include, if possible, safely moving over for such
vehicles. There is significant danger to occupants of vehicles parked at
the side of parkways and interstate-type roads if other motorists do not
proceed with caution by moving to another lane. The bill would create a
safer roadway for all motorists including those experiencing an emergen-
cy on the side of the highway.
 
PRIOR LEGISLATIVE HISTORY:
A.1100 of 2021-22
A.3889 of 2019-20
A.1381 of 2017-18
A.10028 of 2015-16
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1077--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. ZEBROWSKI, COLTON, GUNTHER, LUPARDO, OTIS,
PAULIN, SANTABARBARA -- Multi-Sponsored by -- M. of A. BRAUNSTEIN,
COOK, GLICK, JEAN-PIERRE -- read once and referred to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 motor vehicle which is parked, stopped, or standing on the
shoulder of a parkway or a controlled-access highway
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, the section heading as amended and
3 subdivision (c) as added by chapter 97 of the laws of 2016, subdivision
4 (a) as amended by chapter 248 of the laws of 2013, and subdivision (b)
5 as amended by chapter 504 of the laws of 2022, is amended to read as
6 follows:
7 § 1144-a. Operation of vehicles when approaching a parked, stopped or
8 standing authorized emergency vehicle [or], hazard vehicle [or], vehicle
9 displaying a blue or green light or certain other motor vehicles. (a)
10 Every operator of a motor vehicle shall exercise due care to avoid
11 colliding with an authorized emergency vehicle which is parked, stopped
12 or standing on the shoulder or any portion of such highway and such
13 authorized emergency vehicle is displaying one or more red or combina-
14 tion red and white lights pursuant to the provisions of paragraph two of
15 subdivision forty-one of section three hundred seventy-five of this
16 chapter or is displaying one or more blue, combination blue and red or
17 combination blue, red and white lights pursuant to the provisions of
18 subparagraph b of paragraph four of subdivision forty-one of section
19 three hundred seventy-five of this chapter. For operators of motor vehi-
20 cles on parkways or controlled access highways, such due care shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03232-04-3
A. 1077--A 2
1 include, but not be limited to, moving from a lane which contains or is
2 immediately adjacent to the shoulder where such authorized emergency
3 vehicle displaying one or more red, blue or white or any combination of
4 red and white lights or blue or combination blue and red or combination
5 blue, red and white lights pursuant to the provisions of paragraph two
6 or subparagraph b of paragraph four, as applicable of subdivision
7 forty-one of section three hundred seventy-five of this chapter is
8 parked, stopped or standing to another lane, provided that such movement
9 otherwise complies with the requirements of this chapter including, but
10 not limited to, the provisions of sections eleven hundred ten of this
11 title and eleven hundred twenty-eight of this title.
12 (b) Every operator of a motor vehicle shall exercise due care to avoid
13 colliding with a hazard vehicle which is parked, stopped or standing on
14 the shoulder or on any portion of such highway and such hazard vehicle
15 is displaying one or more amber lights pursuant to the provisions of
16 paragraph three of subdivision forty-one of section three hundred seven-
17 ty-five of this chapter or, if such hazard vehicle is designed for the
18 towing or pushing of disabled vehicles such hazard vehicle is displaying
19 one or more amber lights or one or more blue or combination blue and
20 amber lights pursuant to the provisions of paragraph three or subpara-
21 graph b-1 of paragraph four, as applicable, of subdivision forty-one of
22 section three hundred seventy-five of this chapter or, if such hazard
23 vehicle owned and operated by the state or by a county, city, town or
24 village is designed for the removal of ice and snow such hazard vehicle
25 is displaying one or more amber lights or one or more green or combina-
26 tion green and amber lights pursuant to the provisions of paragraph
27 three or subparagraph (c) of paragraph five, as applicable, of subdivi-
28 sion forty-one of section three hundred seventy-five of this chapter.
29 For operators of motor vehicles on parkways or controlled access high-
30 ways, such due care shall include, but not be limited to, moving from a
31 lane which contains or is immediately adjacent to the shoulder where (i)
32 such hazard vehicle displaying one or more amber lights pursuant to the
33 provisions of paragraph three of subdivision forty-one of section three
34 hundred seventy-five of this chapter or (ii) such hazard vehicle
35 designed for the towing or pushing of disabled vehicles displaying one
36 or more amber lights or one or more blue or combination blue and amber
37 lights pursuant to the provisions of paragraph three or subparagraph b-1
38 of paragraph four, as applicable, of subdivision forty-one of section
39 three hundred seventy-five of this chapter or (iii) such hazard vehicle
40 owned and operated by the state or by a county, city, town or village is
41 displaying one or more amber lights or one or more green or combination
42 green and amber lights pursuant to the provisions of paragraph three or
43 subparagraph (c) of paragraph five, as applicable, of subdivision
44 forty-one of section three hundred seventy-five of this chapter, is
45 parked, stopped or standing to another lane, provided that such movement
46 otherwise complies with the requirements of this chapter including, but
47 not limited to, the provisions of sections eleven hundred ten and eleven
48 hundred twenty-eight of this title.
49 (c) Every operator of a motor vehicle shall exercise due care to avoid
50 colliding with a vehicle displaying a blue light pursuant to the
51 provisions of paragraph four or a green light pursuant to the provisions
52 of paragraph five of subdivision forty-one of section three hundred
53 seventy-five of this chapter which is parked, stopped or standing on the
54 shoulder or any portion of such highway. For operators of motor vehicles
55 on parkways or controlled access highways, such due care shall include,
56 but not be limited to, moving from a lane which contains or is imme-
A. 1077--A 3
1 diately adjacent to the shoulder where such vehicle displaying a blue
2 light pursuant to the provisions of paragraph four or a green light
3 pursuant to the provisions of paragraph five of subdivision forty-one of
4 section three hundred seventy-five of this chapter is parked, stopped or
5 standing to another lane, provided that such movement otherwise complies
6 with the requirements of this chapter including, but not limited to, the
7 provisions of sections eleven hundred ten and eleven hundred twenty-
8 eight of this title.
9 (d) Every operator of a motor vehicle on a parkway and on a cont-
10 rolled-access highway shall exercise due care to avoid colliding with a
11 motor vehicle which is parked, stopped or standing on the shoulder or
12 any portion of such parkway or controlled-access highway. For the
13 purposes of this subdivision, such due care shall include, but not be
14 limited to, moving from a lane which contains or is immediately adjacent
15 to the shoulder where such motor vehicle is parked, stopped or standing
16 to another lane, provided that such movement otherwise complies with the
17 requirements of this chapter including, but not limited to, the
18 provisions of sections eleven hundred ten and eleven hundred twenty-
19 eight of this title.
20 § 2. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law.