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S01175 Summary:

BILL NOS01175
 
SAME ASNo same as
 
SPONSORMARTINS
 
COSPNSRMAZIARZ
 
MLTSPNSR
 
Amd S1104, V & T L
 
Provides that no cause of action may be brought for damages as a result of the operation of an emergency vehicle when the operator was engaged in emergency operation.
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S01175 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1175
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by Sens. MARTINS, MAZIARZ -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  the  opera-
          tion of authorized emergency vehicles
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (e) of section 1104 of the vehicle and  traffic
     2  law,  as  relettered  by  chapter 336 of the laws of 1968, is amended to
     3  read as follows:
     4    (e) [The foregoing provisions shall  not  relieve  the  driver  of  an
     5  authorized  emergency vehicle from the duty to drive with due regard for
     6  the safety of all persons, nor shall such provisions protect the  driver
     7  from  the  consequences  of  his  reckless  disregard  for the safety of
     8  others] In addition to the immunity from  prosecution  provided  for  in
     9  subdivision  (b)  of this section, no cause of action may be brought for

    10  damages as a result of the operation of an emergency  vehicle  when  the
    11  operator of such vehicle was engaged in emergency operation at the time,
    12  provided  that  the operator who was engaged in such emergency operation
    13  was not acting with reckless disregard for the safety of others.
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04586-01-3
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