NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4016A
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to fines
imposed for failure to exercise due care and move over when approaching
parked, stopped or standing motor vehicles on the shoulder of a highway
PURPOSE:
This legislation will increase monetary.penalties for drivers convicted
of speeding in a work zone and failing to move over when legally
required.
SUMMARY OF PROVISIONS:
Section one amends section 1800 of the vehicle and traffic law to
increase penalties for failing to move over when legally required as
follows:
*For a first conviction, a fine of not more than $275. The current fine
is not more than $150.
*For a second conviction in an 18-month period, a fine of not more than
$450. The current fine is not more than $300.
*For a third conviction in an 18-month period, a fine of not more than
$750. The current fine is not more than $450.
JUSTIFICATION:
This legislation is critical to better protect both highway workers and
motorists. Construction and maintenance workers face significant risks
while working on roadways, and these dangers are exacerbated by driver
negligence. According to the Federal Highway Administration, an average
of 132 workers are killed each year in work zone crashes, with thousands
more suffering injuries. In 2020 alone, nearly 850 fatalities occurred
in work zone crashes across the United States, with speeding and failure
to yield being among the leading contributing factors.
Failing to move over when approaching a stopped emergency or maintenance
vehicle is a widespread issue, contributing to a concerning number of
incidents where workers are struck by passing vehicles. In New York, a
significant number of work zone crashes are caused by drivers neglecting
the ' state's "Move Over" law, which mandates that drivers slow down and
move over when approaching stationary emergency or maintenance vehicles
with flashing lights.
The last time fines for failing to move over were increased in New York
was in the early 2000s. Since then, traffic volumes, roadwork demands,
size and weight of vehicles, and the risks to workers have increased
significantly. However, the penalties for these offenses have not kept
pace with the growing dangers. A 2021 survey showed that nearly 40& of
drivers fail to move over when approaching an emergency vehicle, further
underscoring the need for stronger penalties to deter dangerous driving
behavior. By increasing these penalties, New York can send a strong
message that such reckless driving will no longer be tolerated. Enhanced
penalties will serve as a deterrent, encouraging drivers to follow speed
limits and move over for roadside workers, thereby reducing the number
of accidents and fatalities.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to New York State.
EFFECTIVE DATE:
January 1, 2026
STATE OF NEW YORK
________________________________________________________________________
4016--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. MAGNARELLI, SEAWRIGHT, KAY, GONZALEZ-ROJAS,
GLICK, LUPARDO, REYES, MEEKS, DILAN, DAVILA -- read once and referred
to the Committee on Transportation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to fines
imposed for failure to exercise due care and move over when approach-
ing parked, stopped or standing motor vehicles on the shoulder of a
highway
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1800 of the vehicle and traffic law is amended by
2 adding a new subdivision (j) to read as follows:
3 (j) Every person convicted of a violation of the provisions of section
4 eleven hundred forty-four-a of this chapter shall for a first conviction
5 thereof be punished by a fine of not more than two hundred seventy-five
6 dollars or by imprisonment for not more than fifteen days or by both
7 such fine and imprisonment. For a conviction of a second violation, both
8 of which were committed within a period of eighteen months, such person
9 shall be punished by a fine of not more than four hundred fifty dollars
10 or by imprisonment for not more than forty-five days or by both such
11 fine and imprisonment. For a conviction of a third or subsequent
12 violation, all of which were committed within a period of eighteen
13 months, such person shall be punished by a fine of not more than seven
14 hundred fifty dollars or by imprisonment for not more than ninety days
15 or by both such fine and imprisonment.
16 § 2. This act shall take effect January 1, 2026 and shall apply to
17 violations committed on and after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06998-04-5
