Bill Text: NY A01077 | 2023-2024 | General Assembly | Amended


Bill Title: Requires an operator of a motor vehicle to exercise due care to avoid colliding with a vehicle which is parked, stopped, or standing on the shoulder of a parkway or controlled-access highway.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2023-06-09 - substituted by s5129a [A01077 Detail]

Download: New_York-2023-A01077-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1077--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI,  COLTON,  GUNTHER, LUPARDO, OTIS,
          PAULIN, SANTABARBARA -- Multi-Sponsored by --  M.  of  A.  BRAUNSTEIN,
          COOK, GLICK, JEAN-PIERRE -- read once and referred to the Committee on
          Transportation   --   committee   discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to requiring an
          operator of a motor vehicle to exercise due care  to  avoid  colliding
          with  a  motor  vehicle  which  is parked, stopped, or standing on the
          shoulder of a parkway or a controlled-access highway

          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, subdivision
     4  (a) as amended by chapter 248 of the laws of 2013, and  subdivision  (b)
     5  as  amended  by  chapter  504 of the laws of 2022, is amended to read as
     6  follows:
     7    § 1144-a. Operation of vehicles when approaching a parked, stopped  or
     8  standing authorized emergency vehicle [or], hazard vehicle [or], vehicle
     9  displaying  a  blue or green light or certain other motor vehicles.  (a)
    10  Every operator of a motor vehicle  shall  exercise  due  care  to  avoid
    11  colliding  with an authorized emergency vehicle which is parked, stopped
    12  or standing on the shoulder or any portion  of  such  highway  and  such
    13  authorized  emergency  vehicle is displaying one or more red or combina-
    14  tion red and white lights pursuant to the provisions of paragraph two of
    15  subdivision forty-one of section  three  hundred  seventy-five  of  this
    16  chapter  or  is displaying one or more blue, combination blue and red or
    17  combination blue, red and white lights pursuant  to  the  provisions  of
    18  subparagraph  b  of  paragraph  four of subdivision forty-one of section
    19  three hundred seventy-five of this chapter. For operators of motor vehi-
    20  cles on parkways or controlled access  highways,  such  due  care  shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03232-04-3

        A. 1077--A                          2

     1  include,  but not be limited to, moving from a lane which contains or is
     2  immediately adjacent to the shoulder  where  such  authorized  emergency
     3  vehicle  displaying one or more red, blue or white or any combination of
     4  red  and white lights or blue or combination blue and red or combination
     5  blue, red and white lights pursuant to the provisions of  paragraph  two
     6  or  subparagraph  b  of  paragraph  four,  as  applicable of subdivision
     7  forty-one of section three  hundred  seventy-five  of  this  chapter  is
     8  parked, stopped or standing to another lane, provided that such movement
     9  otherwise  complies with the requirements of this chapter including, but
    10  not limited to, the provisions of sections eleven hundred  ten  of  this
    11  title and eleven hundred twenty-eight of this title.
    12    (b) Every operator of a motor vehicle shall exercise due care to avoid
    13  colliding  with a hazard vehicle which is parked, stopped or standing on
    14  the shoulder or on any portion of such highway and such  hazard  vehicle
    15  is  displaying  one  or  more amber lights pursuant to the provisions of
    16  paragraph three of subdivision forty-one of section three hundred seven-
    17  ty-five of this chapter or, if such hazard vehicle is designed  for  the
    18  towing or pushing of disabled vehicles such hazard vehicle is displaying
    19  one  or  more  amber  lights or one or more blue or combination blue and
    20  amber lights pursuant to the provisions of paragraph three  or  subpara-
    21  graph  b-1 of paragraph four, as applicable, of subdivision forty-one of
    22  section three hundred seventy-five of this chapter or,  if  such  hazard
    23  vehicle  owned  and  operated by the state or by a county, city, town or
    24  village is designed for the removal of ice and snow such hazard  vehicle
    25  is  displaying one or more amber lights or one or more green or combina-
    26  tion green and amber lights pursuant  to  the  provisions  of  paragraph
    27  three  or subparagraph (c) of paragraph five, as applicable, of subdivi-
    28  sion forty-one of section three hundred seventy-five  of  this  chapter.
    29  For  operators  of motor vehicles on parkways or controlled access high-
    30  ways, such due care shall include, but not be limited to, moving from  a
    31  lane which contains or is immediately adjacent to the shoulder where (i)
    32  such  hazard vehicle displaying one or more amber lights pursuant to the
    33  provisions of paragraph three of subdivision forty-one of section  three
    34  hundred  seventy-five  of  this  chapter  or  (ii)  such  hazard vehicle
    35  designed for the towing or pushing of disabled vehicles  displaying  one
    36  or  more  amber lights or one or more blue or combination blue and amber
    37  lights pursuant to the provisions of paragraph three or subparagraph b-1
    38  of paragraph four, as applicable, of subdivision  forty-one  of  section
    39  three  hundred seventy-five of this chapter or (iii) such hazard vehicle
    40  owned and operated by the state or by a county, city, town or village is
    41  displaying one or more amber lights or one or more green or  combination
    42  green  and amber lights pursuant to the provisions of paragraph three or
    43  subparagraph (c)  of  paragraph  five,  as  applicable,  of  subdivision
    44  forty-one  of  section  three  hundred  seventy-five of this chapter, is
    45  parked, stopped or standing to another lane, provided that such movement
    46  otherwise complies with the requirements of this chapter including,  but
    47  not limited to, the provisions of sections eleven hundred ten and eleven
    48  hundred twenty-eight of this title.
    49    (c) Every operator of a motor vehicle shall exercise due care to avoid
    50  colliding  with  a  vehicle  displaying  a  blue  light  pursuant to the
    51  provisions of paragraph four or a green light pursuant to the provisions
    52  of paragraph five of subdivision  forty-one  of  section  three  hundred
    53  seventy-five of this chapter which is parked, stopped or standing on the
    54  shoulder or any portion of such highway. For operators of motor vehicles
    55  on  parkways or controlled access highways, such due care shall include,
    56  but not be limited to, moving from a lane which  contains  or  is  imme-

        A. 1077--A                          3

     1  diately  adjacent  to  the shoulder where such vehicle displaying a blue
     2  light pursuant to the provisions of paragraph  four  or  a  green  light
     3  pursuant to the provisions of paragraph five of subdivision forty-one of
     4  section three hundred seventy-five of this chapter is parked, stopped or
     5  standing to another lane, provided that such movement otherwise complies
     6  with the requirements of this chapter including, but not limited to, the
     7  provisions  of  sections  eleven  hundred ten and eleven hundred twenty-
     8  eight of this title.
     9    (d) Every operator of a motor vehicle on a  parkway  and  on  a  cont-
    10  rolled-access  highway shall exercise due care to avoid colliding with a
    11  motor vehicle which is parked, stopped or standing on  the  shoulder  or
    12  any  portion  of  such  parkway  or  controlled-access  highway. For the
    13  purposes of this subdivision, such due care shall include,  but  not  be
    14  limited to, moving from a lane which contains or is immediately adjacent
    15  to  the shoulder where such motor vehicle is parked, stopped or standing
    16  to another lane, provided that such movement otherwise complies with the
    17  requirements  of  this  chapter  including,  but  not  limited  to,  the
    18  provisions  of  sections  eleven  hundred ten and eleven hundred twenty-
    19  eight of this title.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law.
feedback