NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A177B
SPONSOR: Cahill (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to approaching a parked, stopped or standing hazard vehicle on
the shoulder of a highway
PURPOSE OR GENERAL IDEA OF BILL: This measure would mandate all driv-
ers of motor vehicles to exercise due caution when approaching, overtak-
ing or passing any hazardous vehicle, as defined in Section 117-a of the
Vehicle and Traffic Law, on all roadways in New York State. The law
specifically mandates drivers traveling on controlled access highways to
move over to the adjacent lane when approaching or passing a hazardous
vehicle.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 3 of
section 502 of the vehicle and traffic law, as amended by chapter 387 of
the laws of 2010
Section 2: Amends subparagraph (i) of paragraph (a) of subdivision 4 of
section 502 of the vehicle and traffic law, as amended by chapter 387 of
the laws of 2010
Section 3: Amends section 1144-a of the vehicle and traffic law, as
added by chapter 387 of the laws of 2010
Section 4: Effective Date.
EXISTING LAW: Current statutory provisions do not require drivers
traveling on controlled access highways to move over to the adjacent
lane when approaching or passing a hazardous vehicle.
JUSTIFICATION: If signed into law, this bill would provide a measure
of safety for drivers and workers who travel in a hazard vehicle from
adjacent traffic on all New York State roadways when performing a work-
related duty, such as recovering a stranded or broken down automobile,
any snow removal operation, highway construction or maintenance, etc.
These work-related operations place men and women in great danger due to
an increasing number of automobiles traveling at high speeds or lack of
visibility. There have been many deaths and severe injuries caused by
automobile operators not taking the precautionary steps to slow down or
move out the way of these hazardous vehicles while performing official
duties. This legislation is not an attempt to regulate any industries
that would be represented under the definition of a "hazardous vehicle',
but rather a statutory endeavor that will govern common sense on New
York roadways.
PRIOR LEGISLATIVE HISTORY:;
2009-2010 A1691 Referred to transportation, reported referred to Codes
2007-2008 A204 Referred to Transportation, reported referred to Codes
2005-2006 A3629A Referred to Transportation, reported referred to Codes
2003-2004 A9621A Referred to Transportation, reported referred to Codes
FISCAL IMPLICATIONS:; Minimal to state.
EFFECTIVE DATE: This act shall take effect immediately, provided
that: (a) sections one and two of this act shall take effect September
1, 2011, except that the promulgation of any rules and regulations, and
the taking of any other actions necessary to implement the provisions of
such sections of this act are authorized and directed to be made on or
before the effective date of such sections of this act; and (b) section
three of this act shall take effect January 1, 2012.
STATE OF NEW YORK
________________________________________________________________________
177--B
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. CAHILL, CYMBROWITZ, ORTIZ, ABBATE, BRONSON,
COLTON, ZEBROWSKI, SCHIMEL, N. RIVERA, LUPARDO, HOYT, SPANO -- Multi-
Sponsored by -- M. of A. CROUCH, GOODELL, GUNTHER, KOLB, MARKEY, McEN-
ENY, REILICH, ROBINSON, SWEENEY, TOWNS, WEISENBERG -- read once and
referred to the Committee on Transportation -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to approaching
a parked, stopped or standing hazard vehicle 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. Subdivision 3 of section 502 of the vehicle and traffic
2 law, as amended by chapter 387 of the laws of 2010, is amended to read
3 as follows:
4 3. Application for learner's permit. An application for a learner's
5 permit shall be included in the application for a license. A learner's
6 permit shall be issued in such form as the commissioner shall determine
7 but shall not be issued unless the applicant has successfully passed the
8 vision test required by this section and the test set forth in paragraph
9 (a) of subdivision four of this section with respect to laws relating to
10 traffic and ability to read and comprehend traffic signs and symbols and
11 has satisfactorily completed any course required pursuant to paragraph
12 (a) of subdivision four of this section. Upon acceptance of an applica-
13 tion for a learner's permit the commissioner shall provide the applicant
14 with a driver's manual which includes but is not limited to the laws
15 relating to traffic, the laws relating to and physiological effects of
16 driving while ability impaired and driving while intoxicated, the law
17 for exercising due care to avoid colliding with a parked, stopped or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01167-06-1
A. 177--B 2
1 standing authorized emergency vehicle or hazard vehicle pursuant to
2 section eleven hundred forty-four-a of this chapter, explanations of
3 traffic signs and symbols and such other matters as the commissioner may
4 prescribe.
5 § 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
6 of the vehicle and traffic law, as amended by chapter 387 of the laws of
7 2010, is amended to read as follows:
8 (i) Upon submission of an application for a driver's license, the
9 applicant shall be required to take and pass a test, or submit evidence
10 of passage of a test, with respect to the laws relating to traffic, the
11 laws relating to driving while ability is impaired and while intoxicat-
12 ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
13 ty" awareness as defined by the commissioner, the law relating to exer-
14 cising due care to avoid colliding with a parked, stopped or standing
15 authorized emergency vehicle or hazard vehicle pursuant to section elev-
16 en hundred forty-four-a of this chapter, the ability to read and compre-
17 hend traffic signs and symbols and such other matters as the commission-
18 er may prescribe, and to satisfactorily complete a course prescribed by
19 the commissioner of not less than four hours and not more than five
20 hours, consisting of classroom driver training and highway safety
21 instruction or the equivalent thereof. Such test shall include at least
22 seven written questions concerning the effects of consumption of alcohol
23 or drugs on the ability of a person to operate a motor vehicle and the
24 legal and financial consequences resulting from violations of section
25 eleven hundred ninety-two of this chapter, prohibiting the operation of
26 a motor vehicle while under the influence of alcohol or drugs. Such test
27 shall include one or more written questions concerning the devastating
28 effects of "Road Rage" on the ability of a person to operate a motor
29 vehicle and the legal and financial consequences resulting from assault-
30 ing, threatening or interfering with the lawful conduct of another
31 person legally using the roadway. Such test shall include one or more
32 questions concerning the potential dangers to persons and equipment
33 resulting from the unsafe operation of a motor vehicle in a work zone.
34 Such test may include one or more questions concerning the law for exer-
35 cising due care to avoid colliding with a parked, stopped or standing
36 authorized emergency vehicle or hazard vehicle pursuant to section elev-
37 en hundred forty-four-a of this chapter. Such test shall be administered
38 by the commissioner. The commissioner shall cause the applicant to take
39 a vision test and a test for color blindness. Upon passage of the vision
40 test, the application may be accepted and the application fee shall be
41 payable.
42 § 3. Section 1144-a of the vehicle and traffic law, as added by chap-
43 ter 387 of the laws of 2010, is amended to read as follows:
44 § 1144-a. Operation of vehicles when approaching a parked, stopped or
45 standing authorized emergency vehicle or hazard vehicle. (a) Every
46 operator of a motor vehicle shall exercise due care to avoid colliding
47 with an authorized emergency vehicle which is parked, stopped or stand-
48 ing on the shoulder or any portion of such highway and such authorized
49 emergency vehicle is displaying one or more red or combination red and
50 white lights pursuant to the provisions of paragraph two of subdivision
51 forty-one of section three hundred seventy-five of this chapter. For
52 operators of motor vehicles on parkways or controlled access highways,
53 such due care shall include, but not be limited to, moving from a lane
54 which contains or is immediately adjacent to the shoulder where such
55 authorized emergency vehicle displaying one or more red or combination
56 red and white lights pursuant to the provisions of paragraph two of
A. 177--B 3
1 subdivision forty-one of section three hundred seventy-five of this
2 chapter is parked, stopped or standing to another lane, provided that
3 such movement otherwise complies with the requirements of this chapter
4 including, but not limited to, the provisions of sections eleven hundred
5 ten of this title and eleven hundred twenty-eight of this title.
6 (b) Every operator of a motor vehicle shall exercise due care to avoid
7 colliding with a hazard vehicle which is parked, stopped or standing on
8 the shoulder or on any portion of such highway and such hazard vehicle
9 is displaying one or more amber lights pursuant to the provisions of
10 paragraph three of subdivision forty-one of section three hundred seven-
11 ty-five of this chapter. For operators of motor vehicles on parkways or
12 controlled access highways, such due care shall include, but not be
13 limited to, moving from a lane which contains or is immediately adjacent
14 to the shoulder where such hazard vehicle displaying one or more amber
15 lights pursuant to the provisions of paragraph three of subdivision
16 forty-one of section three hundred seventy-five of this chapter is
17 parked, stopped or standing to another lane, provided that such movement
18 otherwise complies with the requirements of this chapter including, but
19 not limited to, the provisions of sections eleven hundred ten and eleven
20 hundred twenty-eight of this title.
21 § 4. This act shall take effect immediately, provided that: (a)
22 sections one and two of this act shall take effect September 1, 2011,
23 except that the promulgation of any rules and regulations, and the
24 taking of any other actions necessary to implement the provisions of
25 such sections of this act are authorized and directed to be made on or
26 before the effective date of such sections; and (b) section three of
27 this act shall take effect January 1, 2012.
