STATE OF NEW YORK
________________________________________________________________________
6171
2019-2020 Regular Sessions
IN SENATE
May 21, 2019
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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