Bill Text: NY S01332 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light; provides for mandatory revocation of a driver's license for a period of six months where a person violates section 1144-a of the vehicle and traffic law and causes serious physical injury or death to another person; directs the division of criminal justice services to establish a public information campaign to instruct the public that operating a motor vehicle when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light that results in physical injury, serious physical injury or death as a result of the operator recklessly failing to exercise due care to avoid a collision can result in serious criminal penalties.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2019-01-14 - REFERRED TO TRANSPORTATION [S01332 Detail]

Download: New_York-2019-S01332-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1332
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- 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  vehicles  when  approaching  a  parked,  stopped or standing
          authorized emergency vehicle or hazard vehicle or vehicle displaying a
          blue or green light
          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, and subdivi-
     4  sion  (a)  as  amended by chapter 248 of the laws of 2013, is amended to
     5  read as follows:
     6    § 1144-a. Operation of vehicles when approaching a parked, stopped  or
     7  standing  authorized  emergency  vehicle  or  hazard  vehicle or vehicle
     8  displaying a blue or green light. (a) 1. Every operator of a motor vehi-
     9  cle shall exercise due care to avoid colliding with an authorized  emer-
    10  gency  vehicle  which  is parked, stopped or standing on the shoulder or
    11  any portion of such highway and such  authorized  emergency  vehicle  is
    12  displaying  one or more red or combination red and white lights pursuant
    13  to the provisions of paragraph two of subdivision forty-one  of  section
    14  three  hundred seventy-five of this chapter or is displaying one or more
    15  blue, combination blue and red or combination blue, red and white lights
    16  pursuant to the provisions of subparagraph b of paragraph four of subdi-
    17  vision forty-one of section three hundred seventy-five of this  chapter.
    18  For  operators  of motor vehicles on parkways or controlled access high-
    19  ways, such due care shall include, but not be limited to, moving from  a
    20  lane  which  contains  or  is immediately adjacent to the shoulder where
    21  such authorized emergency vehicle displaying one or more  red,  blue  or
    22  white  or any combination of red and white lights or blue or combination
    23  blue and red or combination blue, red and white lights pursuant  to  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00697-01-9

        S. 1332                             2
     1  provisions  of  paragraph  two  or  subparagraph b of paragraph four, as
     2  applicable of subdivision forty-one of section  three  hundred  seventy-
     3  five  of  this  chapter  is parked, stopped or standing to another lane,
     4  provided  that such movement otherwise complies with the requirements of
     5  this chapter including, but not limited to, the provisions  of  sections
     6  eleven  hundred  ten  [of this title] and eleven hundred twenty-eight of
     7  this title.
     8    [(b)] 2. Every operator of a motor vehicle shall exercise due care  to
     9  avoid colliding with a hazard vehicle which is parked, stopped or stand-
    10  ing  on  the  shoulder or on any portion of such highway and such hazard
    11  vehicle  is  displaying  one  or  more  amber  lights  pursuant  to  the
    12  provisions  of paragraph three of subdivision forty-one of section three
    13  hundred seventy-five of this chapter. For operators of motor vehicles on
    14  parkways or controlled access highways, such due care shall include, but
    15  not be limited to, moving from a lane which contains or  is  immediately
    16  adjacent  to  the  shoulder  where such hazard vehicle displaying one or
    17  more amber lights pursuant to  the  provisions  of  paragraph  three  of
    18  subdivision  forty-one  of  section  three  hundred seventy-five of this
    19  chapter is parked, stopped or standing to another  lane,  provided  that
    20  such  movement  otherwise complies with the requirements of this chapter
    21  including, but not limited to, the provisions of sections eleven hundred
    22  ten and eleven hundred twenty-eight of this title.
    23    [(c)] 3. Every operator of a motor vehicle shall exercise due care  to
    24  avoid  colliding  with a vehicle displaying a blue light pursuant to the
    25  provisions of paragraph four or a green light pursuant to the provisions
    26  of paragraph five of subdivision  forty-one  of  section  three  hundred
    27  seventy-five of this chapter which is parked, stopped or standing on the
    28  shoulder or any portion of such highway. For operators of motor vehicles
    29  on  parkways or controlled access highways, such due care shall include,
    30  but not be limited to, moving from a lane which  contains  or  is  imme-
    31  diately  adjacent  to  the shoulder where such vehicle displaying a blue
    32  light pursuant to the provisions of paragraph  four  or  a  green  light
    33  pursuant to the provisions of paragraph five of subdivision forty-one of
    34  section three hundred seventy-five of this chapter is parked, stopped or
    35  standing to another lane, provided that such movement otherwise complies
    36  with the requirements of this chapter including, but not limited to, the
    37  provisions  of  sections  eleven  hundred ten and eleven hundred twenty-
    38  eight of this title.
    39    (b) 1.  An operator of a motor vehicle who causes physical  injury  as
    40  defined  under  article  ten  of the penal law as a result of recklessly
    41  failing to exercise due care in violation of  subdivision  (a)  of  this
    42  section shall be guilty of a class A misdemeanor punishable by a fine of
    43  not  less  than  two  hundred  fifty  dollars nor more than five hundred
    44  dollars in addition to any other penalties provided by law. A conviction
    45  for a second or any subsequent violation, any of  which  were  committed
    46  within  a  period of eighteen months, shall constitute a class E felony,
    47  punishable by a fine of not less than one thousand  nor  more  than  two
    48  thousand  five  hundred  dollars  in  addition  to  any  other penalties
    49  provided by law.
    50    2. An operator of a motor vehicle  (i)  who  causes  serious  physical
    51  injury  as  defined  under  article  ten of the penal law as a result of
    52  recklessly failing to exercise due care in violation of subdivision  (a)
    53  of this section shall be guilty of a class D felony punishable by a fine
    54  of  not  less  than  one  thousand  dollars  nor more than five thousand
    55  dollars in addition to any other penalty provided by law,  or  (ii)  who
    56  causes  death  as a result of recklessly failing to exercise due care in

        S. 1332                             3
     1  violation of subdivision (a) of this section shall be guilty of a  class
     2  C  felony  punishable  by  a fine of not less than two thousand nor more
     3  than five thousand dollars in addition to any other  penalties  provided
     4  by  law,  and  by  suspension  of  a license or registration pursuant to
     5  subparagraph (xviii) of paragraph b of subdivision two of  section  five
     6  hundred ten of this chapter.
     7    (c) For the purposes of this section, the term "recklessly" shall have
     8  the same meaning as defined in section 15.05 of the penal law.
     9    §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
    10  traffic law is amended by adding a new subparagraph (xviii) to  read  as
    11  follows:
    12    (xviii)  for a period of six months where the holder is convicted of a
    13  violation of paragraph two of subdivision (b) of section eleven  hundred
    14  forty-four-a of this chapter and the commission of such violation caused
    15  serious physical injury to or death of another person.
    16    §  3.  The  division  of  criminal  justice services shall establish a
    17  public information campaign to instruct  the  public  that  operating  a
    18  motor  vehicle when approaching a parked, stopped or standing authorized
    19  emergency vehicle or hazard vehicle or  vehicle  displaying  a  blue  or
    20  green  light that results in physical injury, serious physical injury or
    21  death as a result of the operator recklessly  failing  to  exercise  due
    22  care to avoid a collision can result in serious criminal penalties.
    23    § 4. This act shall take effect immediately.
feedback