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A00177 Summary:

BILL NOA00177B
 
SAME ASSAME AS S02769-B
 
SPONSORCahill (MS)
 
COSPNSRCymbrowitz, Ortiz, Abbate, Bronson, Colton, Zebrowski, Schimel, Rivera N, Lupardo, Hoyt, Spano, Weprin, Boyland
 
MLTSPNSRArroyo, Butler, Crouch, Goodell, Gunther, Kolb, Lopez V, Markey, McEneny, McLaughlin, Miller J, Reilich, Robinson, Sweeney, Weisenberg, Wright
 
Amd SS502 & 1144-a, V & T L
 
Provides standards of care to safely approach an emergency or hazard vehicle parked, stopped or standing on the shoulder of a highway.
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A00177 Actions:

BILL NOA00177B
 
01/05/2011referred to transportation
03/03/2011amend and recommit to transportation
03/03/2011print number 177a
03/14/2011amend and recommit to transportation
03/14/2011print number 177b
05/10/2011reported referred to codes
06/13/2011reported referred to rules
06/14/2011reported
06/14/2011rules report cal.200
06/14/2011ordered to third reading rules cal.200
06/15/2011substituted by s2769b
 S02769 AMEND=B BONACIC
 02/01/2011REFERRED TO TRANSPORTATION
 02/08/20111ST REPORT CAL.72
 02/14/20112ND REPORT CAL.
 02/15/2011ADVANCED TO THIRD READING
 02/28/2011AMENDED ON THIRD READING 2769A
 03/16/2011AMENDED ON THIRD READING 2769B
 03/28/2011PASSED SENATE
 03/28/2011DELIVERED TO ASSEMBLY
 03/29/2011referred to transportation
 06/15/2011substituted for a177b
 06/15/2011ordered to third reading rules cal.200
 06/15/2011passed assembly
 06/15/2011returned to senate
 08/05/2011DELIVERED TO GOVERNOR
 08/17/2011SIGNED CHAP.458
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A00177 Memo:

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.
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A00177 Text:



 
                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.
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