STATE OF NEW YORK
        ________________________________________________________________________

                                          6171

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced by Sen. KENNEDY -- (at request of the Department of Transpor-
          tation)  --  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  and  the  highway  law,  in
          relation to the removal of vehicles and cargo from the highway

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 600 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 4 to read as follows:
     3    4.  Any  person  operating a motor vehicle involved in an accident not
     4  involving personal injury or death who moves such vehicle to a  location
     5  off  the  roadway  but as near as possible to the place where the damage
     6  occurred, so as not to obstruct the regular flow of traffic,  shall  not
     7  be  construed  to  be  in  violation  of subdivision one of this section
     8  because of such movement.
     9    § 2. Subdivision 2 of section 15 of the highway  law,  as  amended  by
    10  chapter 1110 of the laws of 1971, is amended to read as follows:
    11    2.  The  commissioner  [of transportation] or a police officer, or any
    12  person acting at the direction of the commissioner or a police  officer,
    13  shall  have  the power to cause the immediate removal, from the right of
    14  way of any state  highway,  of  any  vehicle,  cargo,  or  debris  which
    15  obstructs  or interferes with the use of such a highway for public trav-
    16  el; or which obstructs  or  interferes  with  the  construction,  recon-
    17  struction or maintenance of such a highway; or which obstructs or inter-
    18  feres  with  the clearing or removal of snow or ice from such a highway;
    19  or which obstructs or interferes with any operation of the department of
    20  transportation during a public emergency.  The commissioner or a  police
    21  officer,  or any person acting at the direction of the commissioner or a
    22  police officer, shall not be liable for  any  damage  to  such  vehicle,
    23  cargo,  or  debris, unless such removal was carried out in a reckless or
    24  grossly negligent manner.
    25    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09208-01-9